I.R.C. § 1045(a) Nonrecognition Of Gain
In 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—
I.R.C. § 1045(a)(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
I.R.C. § 1045(a)(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.
I.R.C. § 1045(b) Definitions And Special Rules
For purposes of this section—
I.R.C. § 1045(b)(1) Qualified Small Business Stock
The term “qualified small business stock”
has the meaning given such term by section 1202(c).
I.R.C. § 1045(b)(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).
I.R.C. § 1045(b)(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).
I.R.C. § 1045(b)(4) Holding Period
For purposes of determining whether the nonrecognition of gain under subsection
(a) applies to stock which is sold—
I.R.C. § 1045(b)(4)(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,
I.R.C. § 1045(b)(4)(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
I.R.C. § 1045(b)(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, Sec. 313(a), Aug. 5, 1997, 111 Stat. 788; Pub. L. 105-206, title VI, Sec. 6005(f), July 22, 1998, 112 Stat. 685.)
1998 - Subsec. (a). Pub. L. 105-206, Sec. 6005(f)(1), amended subsec. (a) by substituting “a taxpayer other than a corporation"
for “an individual” and “such taxpayer” for “such individual”.
Subsec. (b)(5). Pub. L. 105-206, Sec. 6005(f)(2), amended subsec. (b) by adding par. (5).
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendments by Sec. 6005(f) of Pub. L. 105-206 effective as if included in the provisions of the Taxpayer Relief Act of 1997 to
which they relate [Effective Date of Pub. L. 105-34, Sec. 313: sales after Aug. 5, 1997].
Applicable to sales after the date of enactment of this Act [enacted: Aug. 5, 1997].