26 U.S.C. § 1045

Rollover of gain from qualified small business stock to another qualified small business stock

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(a) Nonrecognition of gainIn the case of any sale of qualified small business stock held by a taxpayer other than a corporation for more than 6 months and with respect to which such taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds—(1) the cost of any qualified small business stock purchased by the taxpayer during the 60-day period beginning on the date of such sale, reduced by(2) any portion of such cost previously taken into account under this section.This section shall not apply to any gain which is treated as ordinary income for purposes of this title.(b) Definitions and special rulesFor purposes of this section—(1) Qualified small business stock

The term “qualified small business stock” has the meaning given such term by section 1202(c).

(2) Purchase

A taxpayer shall be treated as having purchased any property if, but for paragraph (3), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012).

(3) Basis adjustments

If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified small business stock which is purchased by the taxpayer during the 60-day period described in subsection (a).

(4) Holding periodFor purposes of determining whether the nonrecognition of gain under subsection (a) applies to stock which is sold—(A) the taxpayer’s holding period for such stock and the stock referred to in subsection (a)(1) shall be determined without regard to section 1223, and(B) only the first 6 months of the taxpayer’s holding period for the stock referred to in subsection (a)(1) shall be taken into account for purposes of applying section 1202(c)(2).(5) Certain rules to apply

Rules similar to the rules of subsections (f), (g), (h), (i), (j), and (k) of section 1202 shall apply.

(Added Pub. L. 105–34, title III, § 313(a), Aug. 5, 1997, 111 Stat. 841; amended Pub. L. 105–206, title VI, § 6005(f), July 22, 1998, 112 Stat. 806.)Editorial NotesAmendments

1998—Subsec. (a). Pub. L. 105–206, § 6005(f)(1), in introductory provisions, substituted “a taxpayer other than a corporation” for “an individual” and “such taxpayer” for “such individual”.

Subsec. (b)(5). Pub. L. 105–206, § 6005(f)(2), added par. (5).

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Amendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.

Effective Date

Section applicable to sales after Aug. 5, 1997, see section 313(c) of Pub. L. 105–34, set out as an Effective Date of 1997 Amendment note under section 1016 of this title.

Notes of Decisions

Cited in 5 cases, 1931–2015 · leading case: Guzik v. United States, 54 F.2d 618 (7th Cir. 1931).

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Guzik v. United States, 54 F.2d 618 (7th Cir. 1931). “The assignments of error may be divided into three classes: (1) Errors in overruling appellant’s demurrer to the indictment asserted to be invalid because (a) charging a crime under section 1266, title 26, USCA, which is not applicable to income tax violations; (b) of the lack…”

Holmes v. Comm'r, 593 F. App'x 693 (9th Cir. 2015). · cites it 4× “Holmes challenges the Tax Court’s finding that he was not entitled to defer recognition of gains pursuant to 26 U.S.C. § 1045 . We have jurisdiction under 26 U.”

Davidovitz v. United States, 58 F.2d 1063 (Ct. Cl. 1932). · cites it 2× “…( 39 Stat. 763 ) ; section 250 (d) of the Act of 1921 ( 42 Stat. 265 ) ; sections 271 and 277 of the Acts of 1924 (26 USCA §§ 1045, 1057 note) and 1926 (26 USCA §§ 1045, 1057); and section 57 of the Act of 1928 (26 USCA § 2057).”

Cutler v. Franchise Tax Bd., 208 Cal. App. 4th 1247 (Cal. Ct. App. 2012). “( 26 U.S.C.S. § 1045 .) California law specifies that this rollover provision does not apply to California’s personal income tax (Rev.”

Onondaga Co. v. Comm'r of Internal Revenue, 50 F.2d 397 (2d Cir. 1931). “These same provisions were carried into sections 271, 273, and 274 of the Revenue Act of 1924 and 1926 (26 USCA §§ 1045, 1047, 1048 et seq., 1048 note et seq.”

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