C.F.R. » Title 5 » CHAPTER XVI—OFFICE OF GOVERNMENT ETHICS › SUBCHAPTER B—GOVERNMENT ETHICS › PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE › Subpart J—Certificates of Divestiture

5 C.F.R. § 2634.1006

Rollover into permitted property

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(a) Reinvestment of proceeds. In order to qualify for deferral of capital gains, an eligible person must reinvest the proceeds from the sale of the property divested pursuant to a Certificate of Divestiture into permitted property during the 60-day period beginning on the date of the sale. The proceeds may be reinvested into one or more types of permitted property.

Example 1:A recently hired employee of the Department of Transportation receives a Certificate of Divestiture for the sale of a large block of stock in an airline. He may split the proceeds of the sale and reinvest them in an S&P Index Fund, a diversified Growth Stock Fund, and U.S. Treasury bonds.Example 2:The Secretary of Treasury sells certain stock after receiving a Certificate of Divestiture and is considering reinvesting the proceeds from the sale into U.S. Treasury securities. However, because the Secretary of the Treasury is prohibited by 31 U.S.C. 329 from being involved in buying obligations of the United States Government, the Secretary cannot reinvest the proceeds in such securities. However, she may invest the proceeds in a diversified mutual fund. See the definition of permitted property at § 2634.1003(b).

(b) Internal Revenue Service reporting requirements. An eligible person who elects to defer the recognition of capital gains from the sale of property pursuant to a Certificate of Divestiture must follow Internal Revenue Service rules for reporting the sale of the property and the reinvestment transaction.

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Divestiture of Stock & Purchase of Gov't Bonds by an Incoming Sec'y of the Treasury (OLC 2006).
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Divestiture of Stock & Purchase of Gov't Bonds by an Incoming Sec'y of the Treasury (OLC 2006). “5 C.F.R. § 2634.1006 (a), ex. 2 (2006) (citation omitted).”
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