26 USC 1367 - Adjustments to basis of stock of shareholders, etc.

U.S Code last checked for updates: Jan 19, 2025

§ 1367.

Adjustments to basis of stock of shareholders, etc.

(a)

General rule

(1)

Increases in basis

The basis of each shareholder’s stock in an S corporation shall be increased for any period by the sum of the following items determined with respect to that shareholder for such period:

(A)

the items of income described in subparagraph (A) of section 1366(a)(1),

(B)

any nonseparately computed income determined under subparagraph (B) of section 1366(a)(1), and

(C)

the excess of the deductions for depletion over the basis of the property subject to depletion.

(2)

Decreases in basis

The basis of each shareholder’s stock in an S corporation shall be decreased for any period (but not below zero) by the sum of the following items determined with respect to the shareholder for such period:

(A)

distributions by the corporation which were not includible in the income of the shareholder by reason of section 1368,

(B)

the items of loss and deduction described in subparagraph (A) of section 1366(a)(1),

(C)

any nonseparately computed loss determined under subparagraph (B) of section 1366(a)(1),

(D)

any expense of the corporation not deductible in computing its taxable income and not properly chargeable to capital account, and

(E)

the amount of the shareholder’s deduction for depletion for any oil and gas property held by the S corporation to the extent such deduction does not exceed the proportionate share of the adjusted basis of such property allocated to such shareholder under section 613A(c)(11)(B).

The decrease under subparagraph (B) by reason of a charitable contribution (as defined in section 170(c)) of property shall be the amount equal to the shareholder’s pro rata share of the adjusted basis of such property.

(b)

Special rules

(1)

Income items

(2)

Adjustments in basis of indebtedness

(A)

Reduction of basis

(B)

Restoration of basis

(3)

Coordination with sections 165(g) and 166(d)

(4)

Adjustments in case of inherited stock

(A)

In general

(B)

Adjustments to basis

(Added Pub. L. 97–354, § 2, Oct. 19, 1982, 96 Stat. 1679; amended Pub. L. 98–369, div. A, title VII, §§ 721(d), (w), 722(e)(2), July 18, 1984, 98 Stat. 967, 971, 974; Pub. L. 104–188, title I, §§ 1313(a), 1702(h)(14), Aug. 20, 1996, 110 Stat. 1785, 1874; Pub. L. 109–280, title XII, § 1203(a), Aug. 17, 2006, 120 Stat. 1066; Pub. L. 110–343, div. C, title III, § 307(a), Oct. 3, 2008, 122 Stat. 3869; Pub. L. 111–312, title VII, § 752(a), Dec. 17, 2010, 124 Stat. 3321; Pub. L. 112–240, title III, § 325(a), Jan. 2, 2013, 126 Stat. 2333; Pub. L. 113–295, div. A, title I, § 137(a), Dec. 19, 2014, 128 Stat. 4019; Pub. L. 114–113, div. Q, title I, § 115(a), Dec. 18, 2015, 129 Stat. 3049.)

cite as: 26 USC 1367