26 U.S.C. § 1367 - Adjustments to basis of stock of shareholders, etc.
|Cite as:||26 U.S.C. § 1367|
|Currency:||Current through P.L. 116-135 (03/26/2020)|
(a) General rule
(1) Increases in basis
The basis of each shareholder's stock in an S corporation shall be increased for any period by the sum of the following items determined with respect to that shareholder for such period:
(A) the items of income described in subparagraph (A) of section 1366(a)(1),
(B) any nonseparately computed income determined under subparagraph (B) of section 1366(a)(1), and
(C) the excess of the deductions for depletion over the basis of the property subject to depletion.
(2) Decreases in basis
The basis of each shareholder's stock in an S corporation shall be decreased for any period (but not below zero) by the sum of the following items determined with respect to the shareholder for such period:
(A) distributions by the corporation which were not includible in the income of the shareholder by reason of section 1368,
(B) the items of loss and deduction described in subparagraph (A) of section 1366(a)(1),
(C) any nonseparately computed loss determined under subparagraph (B) of section 1366(a)(1),
(D) any expense of the corporation not deductible in computing its taxable income and not properly chargeable to capital account, and
(E) the amount of the shareholder's deduction for depletion for any oil and gas property held by the S corporation to the extent such deduction does not exceed the proportionate share of the adjusted basis of such property allocated to such shareholder under section 613A(c)(11)(B).
The decrease under subparagraph (B) by reason of a charitable contribution (as defined in section 170(c)) of property shall be the amount equal to the shareholder's pro rata share of the adjusted basis of such property.
(b) Special rules
(1) Income items
An amount which is required to be included in the gross income of a shareholder and shown on his return shall be taken into account under subparagraph (A) or (B) of subsection (a)(1) only to the extent such amount is included in the shareholder's gross income on his return, increased or decreased by any adjustment of such amount in a redetermination of the shareholder's tax liability.
(2) Adjustments in basis of indebtedness
(A) Reduction of basis
If for any taxable year the amounts specified in subparagraphs (B), (C), (D), and (E) of subsection (a)(2) exceed the amount which reduces the shareholder's basis to zero, such excess shall be applied to reduce (but not below zero) the shareholder's basis in any indebtedness of the S corporation to the shareholder.
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