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LegalText 26 U.S.C. § 735 Character of gain or loss on disposition of distributed property us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 735 26 U.S.C. § 735 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s735 data/legal/raw/us/code/title-26/usc26.xml 5ec77befdee9745f738f706e5b11b46896fdf372de915b06006c81a96761aa0b a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 1e9567f02d04c0c48b1ff4ebf9f8ba7df3da1123307df87a4d20752ce7b3bea7 2026-07-04 official
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26 U.S.C. § 735 - Character of gain or loss on disposition of distributed property

Text

(a) Sale or exchange of certain distributed property (1) Unrealized receivables Gain or loss on the disposition by a distributee partner of unrealized receivables (as defined in section 751(c)) distributed by a partnership, shall be considered as ordinary income or as ordinary loss, as the case may be.

(2) Inventory items Gain or loss on the sale or exchange by a distributee partner of inventory items (as defined in section 751(d)) distributed by a partnership shall, if sold or exchanged within 5 years from the date of the distribution, be considered as ordinary income or as ordinary loss, as the case may be.

(b) Holding period for distributed property In determining the period for which a partner has held property received in a distribution from a partnership (other than for purposes of subsection (a)(2)), there shall be included the holding period of the partnership, as determined under section 1223, with respect to such property.

(c) Special rules (1) Waiver of holding periods contained in section 1231 For purposes of this section, section 751(d) (defining inventory item) shall be applied without regard to any holding period in section 1231(b).

(2) Substituted basis property (A) In general If any property described in subsection (a) is disposed of in a nonrecognition transaction, the tax treatment which applies to such property under such subsection shall also apply to any substituted basis property resulting from such transaction. A similar rule shall also apply in the case of a series of nonrecognition transactions.

(B) Exception for stock in C corporation Subparagraph (A) shall not apply to any stock in a C corporation received in an exchange described in section 351.

(Aug. 16, 1954, ch. 763, 68A Stat. 247; Pub. L. 94455, title XIX, § 1901(b)(3)(D), Oct. 4, 1976, 90 Stat. 1792; Pub. L. 98369, div. A, title I, § 74(b), July 18, 1984, 98 Stat. 593; Pub. L. 10534, title X, § 1062(b)(3), Aug. 5, 1997, 111 Stat. 947.)

Notes

Editorial Notes

Amendments1997—Subsecs. (a)(2), (c)(1). Pub. L. 10534 substituted “section 751(d)” for “section 751(d)(2)”. 1984—Subsec. (c). Pub. L. 98369 added subsec. (c). 1976—Subsec. (a)(1), (2). Pub. L. 94455 substituted “as ordinary income or as ordinary loss, as the case may be” for “gain or loss from the sale or exchange of property other than a capital asset”.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 AmendmentAmendment by Pub. L. 10534 applicable to sales, exchanges, and distributions after Aug. 5, 1997, but not applicable to any sale or exchange pursuant to a written binding contract in effect on June 8, 1997, and at all times thereafter before such sale or exchange, see section 1062(c) of Pub. L. 10534, set out as a note under section 724 of this title.

Effective Date of 1984 AmendmentPub. L. 98369, div. A, title I, § 74(d)(2), July 18, 1984, 98 Stat. 594, provided that: “The amendment made by subsection (b) [amending this section] shall apply to property distributed after March 31, 1984, in taxable years ending after such date.”

Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94455, set out as a note under section 2 of this title.