§ 1036 Stock for stock of same corporation

OLRC 119-134 · eCFR 2026-10-19 · 1 regs · 1 amending Acts · cited by 3 sections

Enacted 1954 · Act Aug. 16, 1954, ch. 736 Amended · 1 Acts · From 1939 Code § 112(b)(2)

Connections Cited by 3 · Cites 2

(a) General rule No gain or loss shall be recognized if common stock in a corporation is exchanged solely for common stock in the same corporation, or if preferred stock in a corporation is exchanged solely for preferred stock in the same corporation.

Textual readingANY OF= no gain or loss recognized
“common stock in a corporation is exchanged solely for common stock in the same corporation”
“preferred stock in a corporation is exchanged solely for preferred stock in the same corporation”
Cited by 15

    (b) Nonqualified preferred stock not treated as stock For purposes of this section, nonqualified preferred stock (as defined in section 351(g)(2)) shall be treated as property other than stock.

    Amended 1997
    • 1997 Pub. L. 105-34 Pub. L. 105–34 added subsec. (b) and redesignated former subsec. (b) as (c).

    (c) Cross references

    Amended 1997
    • 1997 Pub. L. 105-34 Pub. L. 105–34 added subsec. (b) and redesignated former subsec. (b) as (c).

    (1) For rules relating to recognition of gain or loss where an exchange is not solely in kind, see subsections (b) and (c) of section 1031.

    (2) For rules relating to the basis of property acquired in an exchange described in subsection (a), see subsection (d) of section 1031.