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Tax Code Section For Transfer Of Property To A Corporation? |
Hi, I'm looking for the tax code element which deals with property that isn't a 351 exchange. Basically I'm trying to figure out the tax ramifications of transferring a fully depreciated dressing-down of property to a corporation without any consideration for it (no stock, cash or property). Does the corporation recognize a achievement when receiving the property if they pay nothing for it?
A car that will be used in normal course of business transferred to a C-Corp without any detection.
| Answer: In this position, where the transfer sounds more like a gift than service income, the corporation would remember a gain. The code section I'm thinking of is something like 2500 or 2501 or so (sorry, I'm at cosy and my copy of the code is at the office). If it is compensation for services the corporation performed then it would be simple compensation for services under cross-section 61. Good luck. |