(a) In general
The basis of property shall be the cost of such property, except as otherwise provided in this subchapter and subchapters C (relating to corporate distributions and adjustments), K (relating to partners and partnerships), and P (relating to capital gains and losses).
(b) Special rule for apportioned real estate taxes
The cost of real property shall not include any amount in respect of real property taxes which are treated under section 164(d) as imposed on the taxpayer.
(c) Determinations by account
(1) In general
In the case of the sale, exchange, or other disposition of a specified security on or after the applicable date, the conventions prescribed by regulations under this section shall be applied on an account by account basis.
(2) Application to certain regulated investment companies
(A) In general
Except as provided in subparagraph (B), any stock for which an average basis method is permissible under this section which is acquired before January 1, 2012, shall be treated as a separate account from any such stock acquired on or after such date.
(B) Election for treatment as single account
If a regulated investment company described in subparagraph (A) elects to have this subparagraph apply with respect to one or more of its stockholders-
(i) subparagraph (A) shall not apply with respect to any stock in such regulated investment company held by such stockholders, and
(ii) all stock in such regulated investment company which is held by such stockholders shall be treated as covered securities described in section 6045(g)(3) without regard to the date of the acquisition of such stock.
A rule similar to the rule of the preceding sentence shall apply with respect to a broker holding such stock as a nominee.
For purposes of this section, the terms "specified security" and "applicable date" shall have the meaning given such terms in section 6045(g).
(d) Average basis for stock acquired pursuant to a dividend reinvestment plan
(1) In general
In the case of any stock acquired after December 31, 2011, in connection with a dividend reinvestment plan, the basis of such stock while held as part of such plan shall be determined using one of the methods which may be used for determining the basis of stock in a regulated investment company.
(2) Treatment after transfer
In the case of the transfer to another account of stock to which paragraph (1) applies, such stock shall have a cost basis in such other account equal to its basis in the dividend reinvestment plan immediately before such transfer (properly adjusted for any fees or other charges taken into account in connection with such transfer).
(3) Separate accounts; election for treatment as single account
(A) In general
Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection.
(B) Average basis method
Notwithstanding paragraph (1), in the case of an election under rules similar to the rules of subsection (c)(2)(B) with respect to stock held in connection with a dividend reinvestment plan, the average basis method is permissible with respect to all such stock without regard to the date of the acquisition of such stock.
(4) Dividend reinvestment plan
For purposes of this subsection-
(A) In general
(B) Initial stock acquisition treated as acquired in connection with plan
26 U.S.C. § 1012
AMENDMENTS2014-Subsec. (c)(2). Pub. L. 113-295, §210(f)(1)(A), substituted "regulated investment companies" for "funds" in heading. Subsec. (c)(2)(A). Pub. L. 113-295, §220(n), substituted "this section" for "section 1012".Subsec. (c)(2)(B). Pub. L. 113-295, §210(f)(1)(C), substituted "regulated investment company" for "fund" wherever appearing. Pub. L. 113-295, §210(f)(1)(B), struck out "fund" after "Election" in heading. Subsec. (d)(1). Pub. L. 113-295, §210(f)(2), substituted "December 31, 2011" for "December 31, 2010" and "a regulated investment company" for "an open-end fund".Subsec. (d)(3). Pub. L. 113-295, §210(f)(3), amended par. (3) generally. Prior to amendment, text read as follows: "Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection."2008- Pub. L. 110-343 designated first sentence as subsec. (a) and second sentence as subsec. (b), inserted headings, and added subsecs. (c) and (d).
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by section 210(f)(1)-(3) of Pub. L. 113-295 effective as if included in the provisions of the Energy Improvement and Extension Act of 2008, Pub. L. 110-343 to which such amendment relates, see section 210(h) of Pub. L. 113-295 set out as a note under sectionof this title.
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-343, div. B, title IV, §403(e), Oct. 3, 2008, 122 Stat. 3860, provided that:"(1) IN GENERAL.-Except as otherwise provided in this subsection, the amendments made by this section [enacting sectionsand of this title and amending this section and sections and of this title] shall take effect on January 1, 2011. "(2) EXTENSION OF PERIOD FOR STATEMENTS SENT TO CUSTOMERS.-The amendments made by subsection (a)(3) [amending section of this title] shall apply to statements required to be furnished after December 31, 2008."
- The term "stock" includes shares in an association, joint-stock company, or insurance company.
- The term "taxpayer" means any person subject to any internal revenue tax.