26 U.S.C. § 721
Nonrecognition of gain or loss on contribution
# (a) General rule
No gain or loss shall be recognized to a partnership or to any of its partners in the case of a contribution of property to the partnership in exchange for an interest in the partnership.
# (b) Special rule
Subsection (a) shall not apply to gain realized on a transfer of property to a partnership which would be treated as an investment company (within the meaning of section 351) if the partnership were incorporated.
# (c) Regulations relating to certain transfers to partnerships
The Secretary may provide by regulations that subsection (a) shall not apply to gain realized on the transfer of property to a partnership if such gain, when recognized, will be includible in the gross income of a person other than a United States person.
# (d) Transfers of intangibles
For regulatory authority to treat intangibles transferred to a partnership as sold, see section 367(d)(3).
Source: view the official text
Cited by 73
- 26 CFR § 1.1045-1 — Application to partnerships.
- 26 CFR § 1.1061-5 — Section 1061(d) transfers to related persons.
- 26 CFR § 1.108(i)-1 — Deferred discharge of indebtedness income and deferred original issue discount deductions of C corporations.
- 26 CFR § 1.108(i)-2 — Application of section 108(i) to partnerships and S corporations.
- 26 CFR § 1.1245-4 — Exceptions and limitations.
- 26 CFR § 1.1250-3 — Exceptions and limitations.
- 26 CFR § 1.1252-2 — Special rules.
- 26 CFR § 1.1254-2 — Exceptions and limitations.
- 26 CFR § 1.1254-5 — Special rules for partnerships and their partners.
- 26 CFR § 1.1361-5 — Termination of QSub election.
- 26 CFR § 1.1374-10 — Effective date and additional rules.
- 26 CFR § 1.1400Z2(b)-1 — Inclusion of gains that have been deferred under section 1400Z-2(a).
Show 48 more
- 26 CFR § 1.1400Z2(c)-1 — Investments held for at least 10 years.
- 26 CFR § 1.1502-13 — Intercompany transactions.
- 26 CFR § 1.1502-14Z — Application of opportunity zone rules to members of a consolidated group.
- 26 CFR § 1.1502-35 — Transfers of subsidiary stock and deconsolidations of subsidiaries.
- 26 CFR § 1.1502-36 — Unified loss rule.
- 26 CFR § 1.168(d)-1 — Applicable conventions—half-year and mid-quarter conventions.
- 26 CFR § 1.168(k)-1 — Additional first year depreciation deduction.
- 26 CFR § 1.168(k)-2 — Additional first year depreciation deduction for property acquired and placed in service after September 27, 2017.
- 26 CFR § 1.197-2 — Amortization of goodwill and certain other intangibles.
- 26 CFR § 1.263(a)-5 — Amounts paid or incurred to facilitate an acquisition of a trade or business, a change in the capital structure of a business entity, and certain other transactions.
- 26 CFR § 1.267(f)-1 — Controlled groups.
- 26 CFR § 1.367(a)-8 — Gain recognition agreement requirements.
- 26 CFR § 1.42-3 — Treatment of buildings financed with proceeds from a loan under an Affordable Housing Program established pursuant to section 721 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA).
- 26 CFR § 1.451-3 — Timing of income inclusion for taxpayers with an applicable financial statement using an accrual method of accounting.
- 26 CFR § 1.453-9 — Gain or loss on disposition of installment obligations.
- 26 CFR § 1.460-4 — Methods of accounting for long-term contracts.
- 26 CFR § 1.48-12 — Qualified rehabilitated building; expenditures incurred after December 31, 1981.
- 26 CFR § 1.56(g)-1 — Adjusted current earnings.
- 26 CFR § 1.6011-18 — Certain partnership related-party basis adjustment transactions as transactions of interest.
- 26 CFR § 1.6038-3 — Information returns required of certain United States persons with respect to controlled foreign partnerships (CFPs).
- 26 CFR § 1.6038B-2 — Reporting of certain transfers to foreign partnerships.
- 26 CFR § 1.6046A-1 — Return requirement for United States persons who acquire or dispose of an interest in a foreign partnership, or whose proportional interest in a foreign partnership changes substantially.
- 26 CFR § 1.61-6 — Gains derived from dealings in property.
- 26 CFR § 1.617-4 — Treatment of gain from disposition of certain mining property.
- 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 § 1.707-3 — Disguised sales of property to partnership; general rules.
- 26 CFR § 1.707-4 — Disguised sales of property to partnership; special rules applicable to guaranteed payments, preferred returns, operating cash flow distributions, and reimbursements of preformation expenditures.
- 26 CFR § 1.721(c)-1 — Overview, definitions, and rules of general application.
- 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)-3 — Gain deferral method.
- 26 CFR § 1.721(c)-4 — Acceleration events.
- 26 CFR § 1.721(c)-5 — Acceleration event exceptions.
- 26 CFR § 1.721(c)-6 — Procedural and reporting requirements.
- 26 CFR § 1.721(c)-7 — Examples.
- 26 CFR § 1.721-1 — Nonrecognition of gain or loss on contribution.
- 26 CFR § 1.721-2 — Noncompensatory options.
- 26 CFR § 1.722-1 — Basis of contributing partner's interest.
- 26 CFR § 1.723-1 — Basis of property contributed to partnership.
- 26 CFR § 1.737-2 — Exceptions and special rules.
- 26 CFR § 1.737-4 — Anti-abuse rule.
- 26 CFR § 1.743-1 — Optional adjustment to basis of partnership property.
- 26 CFR § 1.752-6 — Partnership assumption of partner's section 358(h)(3) liability after October 18, 1999, and before June 24, 2003.
- 26 CFR § 1.752-7 — Partnership assumption of partner's § 1.752-7 liability on or after June 24, 2003.
- 26 CFR § 1.755-1 — Rules for allocation of basis.
- 26 CFR § 1.861-20 — Allocation and apportionment of foreign income taxes.
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