26 U.S.C. § 708
Continuation of partnership
# (a) General rule
For purposes of this subchapter, an existing partnership shall be considered as continuing if it is not terminated.
# (b) Termination
(1) General rule For purposes of subsection (a), a partnership shall be considered as terminated only if no part of any business, financial operation, or venture of the partnership continues to be carried on by any of its partners in a partnership. (2) Special rules (A) Merger or consolidation In the case of the merger or consolidation of two or more partnerships, the resulting partnership shall, for purposes of this section, be considered the continuation of any merging or consolidating partnership whose members own an interest of more than 50 percent in the capital and profits of the resulting partnership. (B) Division of a partnership In the case of a division of a partnership into two or more partnerships, the resulting partnerships (other than any resulting partnership the members of which had an interest of 50 percent or less in the capital and profits of the prior partnership) shall, for purposes of this section, be considered a continuation of the prior partnership.
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Cited by 53
- 26 CFR § 1.108(i)-2 — Application of section 108(i) to partnerships and S corporations.
- 26 CFR § 1.1295-1 — Qualified electing funds.
- 26 CFR § 1.1400L(b)-1 — Additional first year depreciation deduction for qualified New York Liberty Zone property.
- 26 CFR § 1.1400Z2(b)-1 — Inclusion of gains that have been deferred under section 1400Z-2(a).
- 26 CFR § 1.1400Z2(d)-1 — Qualified opportunity funds and qualified opportunity zone businesses.
- 26 CFR § 1.1411-10 — Controlled foreign corporations and passive foreign investment companies.
- 26 CFR § 1.1502-76 — Taxable year of members of group.
- 26 CFR § 1.1503(d)-6 — Exceptions to the domestic use limitation rule.
- 26 CFR § 1.163(j)-6 — Application of the section 163(j) limitation to partnerships and subchapter S corporations.
- 26 CFR § 1.168(d)-1 — Applicable conventions—half-year and mid-quarter conventions.
- 26 CFR § 1.168(i)-1 — General asset accounts.
- 26 CFR § 1.168(k)-1 — Additional first year depreciation deduction.
Show 41 more
- 26 CFR § 1.168(k)-2 — Additional first year depreciation deduction for property acquired and placed in service after September 27, 2017.
- 26 CFR § 1.195-2 — Technical termination of a partnership.
- 26 CFR § 1.197-0 — Table of contents.
- 26 CFR § 1.197-2 — Amortization of goodwill and certain other intangibles.
- 26 CFR § 1.401-10 — Definitions relating to plans covering self-employed individuals.
- 26 CFR § 1.45Q-5 — Recapture of Credit.
- 26 CFR § 1.460-4 — Methods of accounting for long-term contracts.
- 26 CFR § 1.701-2 — Anti-abuse rule.
- 26 CFR § 1.704-1 — Partner's distributive share.
- 26 CFR § 1.704-3 — Contributed property.
- 26 CFR § 1.704-4 — Distribution of contributed property.
- 26 CFR § 1.706-1 — Taxable years of partner and partnership.
- 26 CFR § 1.706-4 — Determination of distributive share when a partner's interest varies.
- 26 CFR § 1.707-0 — Table of contents.
- 26 CFR § 1.707-3 — Disguised sales of property to partnership; general rules.
- 26 CFR § 1.708-1 — Continuation of partnership.
- 26 CFR § 1.709-1 — Treatment of organization and syndication costs.
- 26 CFR § 1.721(c)-2 — Recognition of gain on certain contributions of property to partnerships with related foreign partners.
- 26 CFR § 1.721(c)-5 — Acceleration event exceptions.
- 26 CFR § 1.731-2 — Partnership distributions of marketable securities.
- 26 CFR § 1.736-1 — Payments to a retiring partner or a deceased partner's successor in interest.
- 26 CFR § 1.737-2 — Exceptions and special rules.
- 26 CFR § 1.741-1 — Recognition and character of gain or loss on sale or exchange.
- 26 CFR § 1.743-1 — Optional adjustment to basis of partnership property.
- 26 CFR § 1.752-0 — Table of contents.
- 26 CFR § 1.752-1 — Treatment of partnership liabilities.
- 26 CFR § 1.752-2 — Partner's share of recourse liabilities.
- 26 CFR § 1.752-5 — Applicability dates and transition rules.
- 26 CFR § 1.752-7 — Partnership assumption of partner's § 1.752-7 liability on or after June 24, 2003.
- 26 CFR § 1.761-1 — Terms defined.
- 26 CFR § 1.7704-1 — Publicly traded partnerships.
- 26 CFR § 1.7704-2 — Transition provisions.
- 26 CFR § 1.7704-4 — Qualifying income—mineral and natural resources.
- 26 CFR § 1.771-1 — Effective date.
- 26 CFR § 1.901(m)-1 — Definitions.
- 26 CFR § 1.901-2 — Income, war profits, or excess profits tax paid or accrued.
- 26 CFR § 301.6109-1 — Identifying numbers.
- 26 CFR § 301.6241-3 — Treatment where a partnership ceases to exist.
- 26 CFR § 301.7701-2 — Business entities; definitions.
- 26 CFR § 301.7701-3 — Classification of certain business entities.
- 26 U.S.C. § 761 — Terms defined
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