§ 24952. — 24952. (Amended by Stats. 2000, Ch. 862, Sec. 207.)

California § 24952.

• Jurisdiction: California
• Code RTC: Revenue and Taxation Code - RTC
• Div. 2.: DIVISION 2. OTHER TAXES
• Part 11.: PART 11. CORPORATION TAX LAW
• Ch. 15.: CHAPTER 15. Gain or Loss on Disposition of Property
• Art. 3.: ARTICLE 3. Nontaxable Exchanges

Text

(a)
If—
(1)
A sale of real property gives rise to indebtedness to the seller which is secured by the real property sold, and
(2)
The seller of such
property reacquires such property in partial or full satisfaction of such indebtedness,
then, except as provided in subdivisions (b) and (d), no gain or loss shall result to the seller from such reacquisition, and no debt shall become worthless or partially worthless as a result of such reacquisition.
(b)
(1)
In the case of a reacquisition of real property to which subdivision (a) applies, gain shall result from such reacquisition to the extent that—
(A)
The amount of money and the fair market value of other property (other than obligations of the purchaser) received, prior to such reacquisition, with respect to the sale of such property, exceeds
(B)
The amount of the gain on the sale of such property included in the measure of tax or
returned as income for periods prior to such reacquisition.
(2)
The amount of gain determined under paragraph (1) resulting from a reacquisition during any taxable year beginning after December 31, 1964, shall not exceed the amount by which the price at which the real property was sold exceeded its adjusted basis, reduced by the sum of—
(A)
The amount of the gain on the sale of such property included in the measure of tax or returned as income for periods prior to the reacquisition of such property, and
(B)
The amount of money and the fair market value of other property (other than obligations of the purchaser received with respect to the sale of such property) paid or transferred by the seller in connection with the reacquisition of such property.
For purposes of this
paragraph, the price at which real property is sold is the gross sales price reduced by the selling commissions, legal fees, and other expenses incident to the sale of such property which are properly taken into account in determining gain or loss on such sale.
(3)
Except as provided in this section, the gain determined under this subdivision resulting from a reacquisition to which subdivision (a) applies shall be recognized, notwithstanding any other provision of this part.
(c)
If subdivision (a) applies to the reacquisition of any real property, the basis of such property upon such reacquisition shall be the adjusted basis of the indebtedness to the seller secured by such property (determined as of the date of reacquisition), increased by the sum of—
(1)
The amount of the gain determined under subdivision (b)
resulting from such reacquisition, and
(2)
The amount described in subparagraph (B) of paragraph (2) of subdivision (b).
If any indebtedness to the seller secured by such property is not discharged upon the reacquisition of such property, the basis of such indebtedness shall be zero.
(d)
If, prior to a reacquisition of real property to which subdivision (a) applies, the seller has treated indebtedness secured by such property as having become worthless or partially worthless—
(1)
Such seller shall be considered as receiving, upon the reacquisition of such property, an amount equal to the amount of such indebtedness treated by him as having become worthless, and
(2)
The adjusted basis of such indebtedness shall
be increased (as of the date of reacquisition) by an amount equal to the amount so considered as received by such seller.

Legislative History

Amended by Stats. 2000, Ch. 862, Sec. 207. Effective January 1, 2001.