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United States Code (Last Updated: May 24, 2014) |
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Title 26. INTERNAL REVENUE CODE |
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SubTitle A. Income Taxes |
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Chapter 1. NORMAL TAXES AND SURTAXES |
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SubChapter O. Gain or Loss on Disposition of Property |
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Part II. BASIS RULES OF GENERAL APPLICATION |
§ 1012. Basis of property—cost
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(a) In general The basis of property shall be the cost of such property, except as otherwise provided in this subchapter and subchapters C (relating to corporate distributions and adjustments), K (relating to partners and partnerships), and P (relating to capital gains and losses).
(b) Special rule for apportioned real estate taxes The cost of real property shall not include any amount in respect of real property taxes which are treated under section 164(d) as imposed on the taxpayer.
(c) Determinations by account (1) In general In the case of the sale, exchange, or other disposition of a specified security on or after the applicable date, the conventions prescribed by regulations under this section shall be applied on an account by account basis.
(2) Application to certain funds (A) In general Except as provided in subparagraph (B), any stock for which an average basis method is permissible under section 1012 which is acquired before
January 1, 2012 , shall be treated as a separate account from any such stock acquired on or after such date.(B) Election fund for treatment as single account If a fund described in subparagraph (A) elects to have this subparagraph apply with respect to one or more of its stockholders— (i) subparagraph (A) shall not apply with respect to any stock in such fund held by such stockholders, and (ii) all stock in such fund which is held by such stockholders shall be treated as covered securities described in section 6045(g)(3) without regard to the date of the acquisition of such stock. A rule similar to the rule of the preceding sentence shall apply with respect to a broker holding such stock as a nominee. (3) Definitions For purposes of this section, the terms “specified security” and “applicable date” shall have the meaning given such terms in section 6045(g).
(d) Average basis for stock acquired pursuant to a dividend reinvestment plan (1) In general In the case of any stock acquired after
December 31, 2010 , in connection with a dividend reinvestment plan, the basis of such stock while held as part of such plan shall be determined using one of the methods which may be used for determining the basis of stock in an open-end fund.(2) Treatment after transfer In the case of the transfer to another account of stock to which paragraph (1) applies, such stock shall have a cost basis in such other account equal to its basis in the dividend reinvestment plan immediately before such transfer (properly adjusted for any fees or other charges taken into account in connection with such transfer).
(3) Separate accounts; election for treatment as single account Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection.
(4) Dividend reinvestment plan For purposes of this subsection— (A) In general The term “dividend reinvestment plan” means any arrangement under which dividends on any stock are reinvested in stock identical to the stock with respect to which the dividends are paid.
(B) Initial stock acquisition treated as acquired in connection with plan Stock shall be treated as acquired in connection with a dividend reinvestment plan if such stock is acquired pursuant to such plan or if the dividends paid on such stock are subject to such plan.
Amendments
2008—Pub. L. 110–343 designated first sentence as subsec. (a) and second sentence as subsec. (b), inserted headings, and added subsecs. (c) and (d).
Effective Date Of Amendment
Pub. L. 110–343, div. B, title IV, § 403(e),