Treasury Regulations (26 C.F.R.)
26 CFR § 1.1082-2
Basis of property acquired upon exchanges under section 1081 (a) or (e).
# (a)
In the case of an exchange of stock or securities for stock or securities as described in section 1081 (a), if no part of the gain or loss upon such exchange was recognized under section 1081, the basis of the property acquired is the same as the basis of the property transferred by the taxpayer with proper adjustments to the date of the exchange.
# (b)
If, in an exchange of stock or securities as described in section 1081 (a), gain to the taxpayer was recognized under section 1081 (e) on account of the receipt of money, the basis of the property acquired is the basis of the property transferred (adjusted to the date of the exchange), decreased by the amount of money received and increased by the amount of gain recognized upon the exchange. If, upon such exchange, there were received by the taxpayer money and other nonexempt property (not permitted to be received without the recognition of gain), and gain from the transaction was recognized under section 1081 (e), the basis (adjusted to the date of the exchange) of the property transferred by the taxpayer, decreased by the amount of money received and increased by the amount of gain recognized, must be apportioned to and is the basis of the properties (other than money) received on the exchange. For the purpose of the allocation of such basis to the properties received, there must be assigned to the nonexempt property (other than money) an amount equivalent to its fair market value at the date of the exchange.
# (c)
Section 1081(e) provides that no loss may be recognized on an exchange of stock or securities for stock or securities as described in section 1081(a), although the taxpayer receives money or other nonexempt property from the transaction. However, the basis of the property (other than money) received by the taxpayer is the basis (adjusted to the date of the exchange) of the property transferred, decreased by the amount of money received. This basis must be apportioned to the properties received, and for this purpose there must be allocated to the nonexempt property (other than money) an amount of such basis equivalent to the fair market value of such nonexempt property at the date of the exchange.
# (d)
Section 1082 (a) does not apply in ascertaining the basis of property acquired by a corporation by the issuance of its stock or securities as the consideration in whole or in part for the transfer of the property to it. For the rule in such cases, see section 1082 (b).
# (e)
For purposes of this section, any reference to section 1081 shall be deemed to include a reference to corresponding provisions of prior internal revenue laws.
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In this part (40 sections)
- 1.1061-3 · Exceptions to the definition of an API.
- 1.1061-4 · Section 1061 computations.
- 1.1061-5 · Section 1061(d) transfers to related persons.
- 1.1061-6 · Reporting rules.
- 1.1071-1 · Gain from sale or exchange to effectuate policies of Federal…
- 1.1071-2 · Nature and effect of election.
- 1.1071-3 · Reduction of basis of property pursuant to election under…
- 1.1071-4 · Manner of election.
- 1.1081-1 · Terms used.
- 1.1081-2 · Purpose and scope of exception.
- 1.1081-3 · Exchanges of stock or securities solely for stock or…
- 1.1081-4 · Exchanges of property for property by corporations.
- 1.1081-5 · Distribution solely of stock or securities.
- 1.1081-6 · Transfers within system group.
- 1.1081-7 · Sale of stock or securities received upon exchange by…
- 1.1081-8 · Exchanges in which money or other nonexempt property is…
- 1.1081-9 · Requirements with respect to order of Securities and…
- 1.1081-10 · Nonapplication of other provisions of the Internal Revenue…
- 1.1081-11 · Records to be kept and information to be filed with returns.
- 1.1082-1 · Basis for determining gain or loss.
- 1.1082-2 · Basis of property acquired upon exchanges under section 1081…
- 1.1082-3 · Reduction of basis of property by reason of gain not…
- 1.1082-4 · Basis of property acquired by corporation under section…
- 1.1082-5 · Basis of property acquired by shareholder upon tax-free…
- 1.1082-6 · Basis of property acquired under section 1081(d) in…
- 1.1083-1 · Definitions.
- 1.1091-1 · Losses from wash sales of stock or securities.
- 1.1091-2 · Basis of stock or securities acquired in “wash sales”.
- 1.1092(b)-1T · (b)-1T Coordination of loss deferral rules and wash sale…
- 1.1092(b)-2T · (b)-2T Treatment of holding periods and losses with…
- 1.1092(b)-3T · (b)-3T Mixed straddles; straddle-by-straddle…
- 1.1092(b)-4T · (b)-4T Mixed straddles; mixed straddle account…
- 1.1092(b)-5T · (b)-5T Definitions (temporary).
- 1.1092(b)-6 · (b)-6 Mixed straddles; accrued gain and loss associated…
- 1.1092(c)-1 · (c)-1 Qualified covered calls.
- 1.1092(c)-2 · (c)-2 Equity options with flexible terms.
- 1.1092(c)-3 · (c)-3 Qualifying over-the-counter options.
- 1.1092(c)-4 · (c)-4 Definitions.
- 1.1092(d)-1 · (d)-1 Definitions and special rules.
- 1.1092(d)-2 · (d)-2 Personal property.