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Code · U.S. Code · Title 26 - INTERNAL REVENUE CODE · CHAPTER 1— NORMAL TAXES AND SURTAXES · Subchapter P— Capital Gains and Losses · § 1239

§ 1239. Gain from sale of depreciable property between certain related taxpayers

1,762 words·~8 min read·/usc/title-26/section-1239

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Treatment of gain as ordinary income In the case of a sale or exchange of property, directly or indirectly, between related persons, any gain recognized to the transferor shall be treated as ordinary income if such property is, in the hands of the transferee, of a character which is subject to the allowance for depreciation provided in section 167.
(b)Related persons For purposes of subsection (a), the term “related persons” means—
(1)a person and all entities which are controlled entities with respect to such person,
(2)a taxpayer and any trust in which such taxpayer (or his spouse) is a beneficiary, unless such beneficiary’s interest in the trust is a remote contingent interest (within the meaning of section 318(a)(3)(B)(i)), and
(3)except in the case of a sale or exchange in satisfaction of a pecuniary bequest, an executor of an estate and a beneficiary of such estate.
(c)Controlled entity defined
(1)General rule For purposes of this section, the term “controlled entity” means, with respect to any person—
(A)a corporation more than 50 percent of the value of the outstanding stock of which is owned (directly or indirectly) by or for such person,
(B)a partnership more than 50 percent of the capital interest or profits interest in which is owned (directly or indirectly) by or for such person, and
(C)any entity which is a related person to such person under paragraph (3), (10), (11), or
(12)of section 267(b).
(2)Constructive ownership For purposes of this section, ownership shall be determined in accordance with rules similar to the rules under section 267(c) (other than paragraph
(3)thereof).
(d)Employer and related employee association For purposes of subsection (a), the term “related person” also includes—
(1)an employer and any person related to the employer (within the meaning of subsection (b)), and
(2)a welfare benefit fund (within the meaning of section 419(e)) which is controlled directly or indirectly by persons referred to in paragraph (1).
(e)Patent applications treated as depreciable prop­erty For purposes of this section, a patent application shall be treated as property which, in the hands of the transferee, is of a character which is subject to the allowance for depreciation provided in section 167.
(Aug. 16, 1954, ch. 736, 68A Stat. 332; Pub. L. 85–866, title I, § 56, Sept. 2, 1958, 72 Stat. 1645; Pub. L. 94–455, title XXI, § 2129(a), Oct. 4, 1976, 90 Stat. 1922; Pub. L. 95–600, title VII, § 701(v)(1), Nov. 6, 1978, 92 Stat. 2920; Pub. L. 96–471, § 5, Oct. 19, 1980, 94 Stat. 2255; Pub. L. 97–448, title III, § 301, Jan. 12, 1983, 96 Stat. 2397; Pub. L. 98–369, div. A, title I, § 175(a), (b), title IV, § 421(b)(6)(A), title V, § 557(a), July 18, 1984, 98 Stat. 708, 794, 898; Pub. L. 99–514, title VI, § 642(a)(1)(A)–(C), Oct. 22, 1986, 100 Stat. 2283, 2284; Pub. L. 105–34, title XIII, § 1308(b), Aug. 5, 1997, 111 Stat. 1041.)
Connections16 cite this · traces to 3
48 references not yet in our index
  • Aug. 16, 1954, ch. 736
  • 68A Stat. 332
  • Pub. L. 85–866, title I, § 56
  • 72 Stat. 1645
  • Pub. L. 94–455, title XXI, § 2129(a)
  • 90 Stat. 1922
  • Pub. L. 95–600, title VII, § 701(v)(1)
  • 92 Stat. 2920
  • Pub. L. 96–471, § 5
  • 94 Stat. 2255
  • Pub. L. 97–448, title III, § 301
  • 96 Stat. 2397
  • Pub. L. 98–369, div. A, title I, § 175(a)
  • 98 Stat. 708
  • Pub. L. 99–514, title VI, § 642(a)(1)(A)
  • 100 Stat. 2283
  • Pub. L. 105–34, title XIII, § 1308(b)
  • 111 Stat. 1041
  • Pub. L. 105–34
  • Pub. L. 99–514, § 642(a)(1)(A)
  • Pub. L. 99–514, § 642(a)(1)(B)
  • Pub. L. 98–369, § 421(b)(6)
  • Pub. L. 98–369, § 175(b)
  • Pub. L. 98–369, § 557(a)
  • Pub. L. 98–369, § 175(a)
  • Pub. L. 97–448, § 301(a)
  • Pub. L. 97–448, § 301(b)
  • Pub. L. 96–471
  • Pub. L. 95–600
  • Pub. L. 94–455
  • Pub. L. 85–866
  • section 1308(c) of Pub. L. 105–34
  • Pub. L. 99–514, title VI, § 642(c)
  • 100 Stat. 2284
  • Pub. L. 100–647, title I, § 1006(i)(3)
  • 102 Stat. 3411
  • Pub. L. 98–369, div. A, title I, § 175(c)
  • section 421(b)(6) of Pub. L. 98–369
  • section 421(d) of Pub. L. 98–369
  • Pub. L. 98–369, div. A, title V, § 557(b)
+ 8 more
Citation graph
cites case law
§ 1239
Gain from sale of depreciable property between certain related taxpayers
Stat.×12
U.S.C.×4
U.S.C.§ 267
U.S.C.§ 1041
U.S.C.§ 453
ActAug. 16, 1954, ch. 736
Stat.68A Stat. 332
Pub. L.Pub. L. 85–866, title I, § 56
Stat.72 Stat. 1645
Pub. L.Pub. L. 94–455, title XXI, § 2129(a)
Cites 51 · showing 8Cited by 16 across 2 sources
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