Treasury Regulations (26 C.F.R.)

26 CFR § 1.1015-2

Transfer of property in trust after December 31, 1920.

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# (a) General rule.

(1) In the case of property acquired after December 31, 1920, by transfer in trust (other than by a transfer in trust by a gift, bequest, or devise) the basis of property so acquired is the same as it would be in the hands of the grantor increased in the amount of gain or decreased in the amount of loss recognized to the grantor upon such transfer under the law applicable to the year in which the transfer was made. If the taxpayer acquired the property by a transfer in trust, this basis applies whether the property be in the hands of the trustee, or the beneficiary, and whether acquired prior to the termination of the trust and distribution of the property, or thereafter.

(2) The principles stated in paragraph (b) of § 1.1015-1 concerning the uniform basis are applicable in determining the basis of property where more than one person acquires an interest in property by transfer in trust after December 31, 1920.

# (b) Reinvestment by fiduciary.

If the property is an investment made by the fiduciary (as, for example, in the case of a sale by the fiduciary of property transferred by the grantor, and the reinvestment of the proceeds), the cost or other basis to the fiduciary is taken in lieu of the basis specified in paragraph (a) of this section.

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In this part (40 sections)
  1. 1.1001-6 · Transition from certain interbank offered rates.
  2. 1.1001-7 · Computation of gain or loss for digital assets.
  3. 1.1002-1 · Sales or exchanges.
  4. 1.1011-1 · Adjusted basis.
  5. 1.1011-2 · Bargain sale to a charitable organization.
  6. 1.1012-1 · Basis of property.
  7. 1.1012-2 · Transfers in part a sale and in part a gift.
  8. 1.1013-1 · Property included in inventory.
  9. 1.1014-0 · Table of contents.
  10. 1.1014-1 · Basis of property acquired from a decedent.
  11. 1.1014-2 · Property acquired from a decedent.
  12. 1.1014-3 · Other basis rules.
  13. 1.1014-4 · Uniformity of basis; adjustment to basis.
  14. 1.1014-5 · Gain or loss.
  15. 1.1014-6 · Special rule for adjustments to basis where property is…
  16. 1.1014-7 · Example applying rules of §§ 1.1014-4 through 1.1014-6 to…
  17. 1.1014-8 · Bequest, devise, or inheritance of a remainder interest.
  18. 1.1014-9 · Special rule with respect to DISC stock.
  19. 1.1014-10 · Basis of property acquired from a decedent must be…
  20. 1.1015-1 · Basis of property acquired by gift after December 31, 1920.
  21. 1.1015-2 · Transfer of property in trust after December 31, 1920.
  22. 1.1015-3 · Gift or transfer in trust before January 1, 1921.
  23. 1.1015-4 · Transfers in part a gift and in part a sale.
  24. 1.1015-5 · Increased basis for gift tax paid.
  25. 1.1016-1 · Adjustments to basis; scope of section.
  26. 1.1016-2 · Items properly chargeable to capital account.
  27. 1.1016-3 · Exhaustion, wear and tear, obsolescence, amortization, and…
  28. 1.1016-4 · Exhaustion, wear and tear, obsolescence, amortization, and…
  29. 1.1016-5 · Miscellaneous adjustments to basis.
  30. 1.1016-6 · Other applicable rules.
  31. 1.1016-10 · Substituted basis.
  32. 1.1017-1 · Basis reductions following a discharge of indebtedness.
  33. 1.1019-1 · Property on which lessee has made improvements.
  34. 1.1020-1 · Election as to amounts allowed in respect of depreciation,…
  35. 1.1021-1 · Sale of annuities.
  36. 1.1031-0 · Table of contents.
  37. 1.1031(a)-1 · (a)-1 Property held for productive use in trade or…
  38. 1.1031(a)-2 · (a)-2 Additional rules for exchanges of personal property.
  39. 1.1031(a)-3 · (a)-3 Definition of real property.
  40. 1.1031(b)-1 · (b)-1 Receipt of other property or money in tax-free…
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