Source
(Aug. 16, 1954, ch. 736, 68A Stat. 118; Pub. L. 99–514, title XVIII, § 1804(g)(1), Oct. 22, 1986, 100 Stat. 2805; Pub. L. 100–647, title I, § 1018(d)(5)(A), Nov. 10, 1988, 102 Stat. 3578; Pub. L. 101–508, title XI, § 11321(b), Nov. 5, 1990, 104 Stat. 1388–463; Pub. L. 108–357, title VIII, § 898(a), Oct. 22, 2004, 118 Stat. 1649; Pub. L. 109–135, title IV, § 403(jj)(1), Dec. 21, 2005, 119 Stat. 2632.)
Amendments
2005—Subsec. (b)(3).
Pub. L. 109–135 inserted before period at end “(reduced by the amount of the liabilities assumed (within the meaning of section
357
(c)))”.
2004—Subsec. (b)(3).
Pub. L. 108–357 inserted at end “In the case of a reorganization described in section
368
(a)(1)(D) with respect to which stock or securities of the corporation to which the assets are transferred are distributed in a transaction which qualifies under section
355, this paragraph shall apply only to the extent that the sum of the money and the fair market value of other property transferred to such creditors does not exceed the adjusted bases of such assets transferred.”
1990—Subsec. (c)(5).
Pub. L. 101–508 added par. (5).
1988—
Pub. L. 100–647 substituted “corporations; treatment of distributions” for “transferor corporations; other treatment of transferor corporation; etc.” in section catchline and amended text generally, revising content and structure of section.
1986—
Pub. L. 99–514 amended section generally. Prior to amendment, section related to whether gain or loss was recognized if corporation which was party to reorganization exchanged property, pursuant to plan of reorganization, for stock or securities in another corporation which was party to the reorganization or for other property or money.
Effective Date of 2005 Amendment
Amendment by
Pub. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004,
Pub. L. 108–357, to which such amendment relates, see section 403(nn) of
Pub. L. 109–135, set out as a note under section
26 of this title.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–357 applicable to transfers of money or other property, or liabilities assumed, in connection with a reorganization occurring on or after Oct. 22, 2004, see section 898(c) of
Pub. L. 108–357, set out as a note under section
357 of this title.
Effective Date of 1990 Amendment
Amendment by
Pub. L. 101–508 applicable to distributions after Oct. 9, 1990, but not applicable to any distribution pursuant to a written binding contract in effect on Oct. 9, 1990, and at all times thereafter before such distribution, see section 11321(c) of
Pub. L. 101–508, set out as a note under section
355 of this title.
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99–514, to which such amendment relates, see section 1019(a) of
Pub. L. 100–647, set out as a note under section
1 of this title.
Effective Date of 1986 Amendment
Section 1804(g)(4) of
Pub. L. 99–514 provided that: “The amendments made by this subsection [amending this section and section
368 of this title] shall apply to plans of reorganizations adopted after the date of the enactment of this Act [Oct. 22, 1986].”
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of
Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of this title.