Treasury Regulations (26 C.F.R.)

26 CFR § 1.1016-10

Substituted basis.

Official textecfr.govlast amended

# (a)

Whenever it appears that the basis of property in the hands of the taxpayer is a substituted basis, as defined in section 1016(b), the adjustments indicated in §§ 1.1016-1 to 1.1016-6, inclusive, shall be made after first making in respect of such substituted basis proper adjustments of a similar nature in respect of the period during which the property was held by the transferor, donor, or grantor, or during which the other property was held by the person for whom the basis is to be determined. In addition, whenever it appears that the basis of property in the hands of the taxpayer is a substituted basis, as defined in section 1016(b)(1), the adjustments indicated in §§ 1.1016-7 to 1.1016-9, inclusive, and in section 1017 shall also be made, whenever necessary, after first making in respect of such substituted basis a proper adjustment of a similar nature in respect of the period during which the property was held by the transferor, donor, or grantor. Similar rules shall also be applied in the case of a series of substituted bases.

# (b)

cation of this section may be illustrated by the following example:

Example:

A, who makes his returns upon the calendar year basis, in 1935 purchased the X Building and subsequently gave it to his son B. B exchanged the X Building for the Y Building in a tax-free exchange, and then gave the Y Building to his wife C. C, in determining the gain from the sale or disposition of the Y Building in 1954, is required to reduce the basis of the building by deductions for depreciation which were successively allowed (but not less than the amount allowable) to A and B upon the X Building and to B upon the Y Building, in addition to the deductions for depreciation allowed (but not less than the amount allowable) to herself during her ownership of the Y Building.

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In this part (40 sections)
  1. 1.1014-2 · Property acquired from a decedent.
  2. 1.1014-3 · Other basis rules.
  3. 1.1014-4 · Uniformity of basis; adjustment to basis.
  4. 1.1014-5 · Gain or loss.
  5. 1.1014-6 · Special rule for adjustments to basis where property is…
  6. 1.1014-7 · Example applying rules of §§ 1.1014-4 through 1.1014-6 to…
  7. 1.1014-8 · Bequest, devise, or inheritance of a remainder interest.
  8. 1.1014-9 · Special rule with respect to DISC stock.
  9. 1.1014-10 · Basis of property acquired from a decedent must be…
  10. 1.1015-1 · Basis of property acquired by gift after December 31, 1920.
  11. 1.1015-2 · Transfer of property in trust after December 31, 1920.
  12. 1.1015-3 · Gift or transfer in trust before January 1, 1921.
  13. 1.1015-4 · Transfers in part a gift and in part a sale.
  14. 1.1015-5 · Increased basis for gift tax paid.
  15. 1.1016-1 · Adjustments to basis; scope of section.
  16. 1.1016-2 · Items properly chargeable to capital account.
  17. 1.1016-3 · Exhaustion, wear and tear, obsolescence, amortization, and…
  18. 1.1016-4 · Exhaustion, wear and tear, obsolescence, amortization, and…
  19. 1.1016-5 · Miscellaneous adjustments to basis.
  20. 1.1016-6 · Other applicable rules.
  21. 1.1016-10 · Substituted basis.
  22. 1.1017-1 · Basis reductions following a discharge of indebtedness.
  23. 1.1019-1 · Property on which lessee has made improvements.
  24. 1.1020-1 · Election as to amounts allowed in respect of depreciation,…
  25. 1.1021-1 · Sale of annuities.
  26. 1.1031-0 · Table of contents.
  27. 1.1031(a)-1 · (a)-1 Property held for productive use in trade or…
  28. 1.1031(a)-2 · (a)-2 Additional rules for exchanges of personal property.
  29. 1.1031(a)-3 · (a)-3 Definition of real property.
  30. 1.1031(b)-1 · (b)-1 Receipt of other property or money in tax-free…
  31. 1.1031(b)-2 · (b)-2 Safe harbor for qualified intermediaries.
  32. 1.1031(c)-1 · (c)-1 Nonrecognition of loss.
  33. 1.1031(d)-1 · (d)-1 Property acquired upon a tax-free exchange.
  34. 1.1031(d)-1T · (d)-1T Coordination of section 1060 with section 1031…
  35. 1.1031(d)-2 · (d)-2 Treatment of assumption of liabilities.
  36. 1.1031(e)-1 · (e)-1 Exchange of livestock of different sexes.
  37. 1.1031(j)-1 · (j)-1 Exchanges of multiple properties.
  38. 1.1031(k)-1 · (k)-1 Treatment of deferred exchanges.
  39. 1.1032-1 · Disposition by a corporation of its own capital stock.
  40. 1.1032-2 · Disposition by a corporation of stock of a controlling…
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