http://debianws.lexgopc.com/wiki143/index.php?action=history&feed=atom&title=Internal_Revenue_Code_section_1041 2026-05-10T05:16:27Z Revision history for this page on the wiki MediaWiki 1.43.1 http://debianws.lexgopc.com/wiki143/index.php?title=Internal_Revenue_Code_section_1041&diff=5872654&oldid=prev 2025-02-25T06:33:43Z

<p><span class="autocomment">top: </span> add {{Use mdy dates|date=February 2025}}</p> <p><b>New page</b></p><div>{{Use mdy dates|date=February 2025}}<br /> &#039;&#039;&#039;Section 1041&#039;&#039;&#039; of the [[Internal Revenue Code]] ({{UnitedStatesCode|26|1041}}) addresses transfers of [[property]] between spouses or incident to [[divorce]].<br /> <br /> == General Rule ==<br /> The general rule in § 1041(a) is that no gain or loss shall be recognized on a transfer of property from an individual to a spouse;&lt;ref&gt;{{Cite web|title = 26 U.S. Code § 1041 - Transfers of property between spouses or incident to divorce|url = https://www.law.cornell.edu/uscode/text/26/1041|website = LII / Legal Information Institute|access-date = 2016-01-25}}&lt;/ref&gt; or a transfer of property to a former spouse if the transfer is incident to the divorce. This rule also applies on a transfer of property from a trust for the benefit of a spouse or former spouse if the transfer is incident to the divorce. For the purposes of this subsection, § 1041(c) states a transfer of property is incident to divorce if such a transfer either occurs within 1 year after the date on which the [[marriage]] ends, or is related to the end of the marriage.<br /> <br /> == Transferee&#039;s Basis ==<br /> Where there is a transfer of property between spouses or a transfer incident to divorce, §1041(b) states that the property will be treated as if the person who receives the property (the transferee) has acquired it by gift. The transferee&#039;s basis in the property shall be the adjusted basis of the transferor at the time of the transfer. Transfers in trust where liability exceeds basis per § 1041(e) are not addressed here.<br /> <br /> == Special Rule ==<br /> Where the spouse-transferor is a [[nonresident alien]], the Code states that the general rule in 1041(a) does not apply.<br /> <br /> ==References==<br /> {{Reflist}}<br /> <br /> ==External links==<br /> * [https://www.law.cornell.edu/uscode/search/display.html?terms=1041&amp;url=/uscode/html/uscode26/usc_sec_26_00001041----000-.html], 26 USC section 1041 Transfers of property between spouses or incident to divorce<br /> <br /> [[Category:Internal Revenue Code|1041]]<br /> [[Category:Divorce law in the United States]]</div>

imported>Ser Amantio di Nicolao