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Treasury Regulations · 26 CFR

§ 1.382-7. Built-in gains and losses.

In effect eCFR current as of October 15, 2026

Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).

Regulation under 26 U.S.C. § 382

Cite as 26 CFR § 1.382-7

At a glance

Read from the text and its source citation. Not part of the regulation.

Status
In the current eCFR
Issued
June 16, 2010 by T.D. 9487
Last amended
September 14, 2020 by T.D. 9905
Issued under
26 U.S.C. § 382
Length
315 words · about 1 min to read
Defines
1 term
(a) Treatment of prepaid income. For purposes of section 382(h), prepaid income is not recognized built-in gain. The term prepaid income means any amount received prior to the change date that is attributable to performance occurring on or after the change date. Examples to which this paragraph (a) will apply include, but are not limited to, income received prior to the change date that is deferred under section 455 or Rev. Proc. 2004-34 (2004-1 CB 991 (June 1, 2004)) (or any successor revenue procedure) (see § 601.601(d)(2)(ii)(b)).
(b) Effective/applicability dates. This section applies to loss corporations that have undergone an ownership change on or after June 11, 2010. For loss corporations that have undergone an ownership change before June 11, 2010, see § 1.382-7T as contained in 26 CFR part 1, revised April 1, 2009.
(c) [Reserved]
(d) Special rules. This paragraph (d) contains special rules regarding the identification of recognized built-in losses.
(1)-(4) [Reserved]
(5) Section 382 disallowed business interest carryforwards. Section 382 disallowed business interest carryforwards are not treated as recognized built-in losses.
(e)-(f) [Reserved]
(g) Applicability dates.
(1)-(3) [Reserved]
(4) Paragraph (d)(5) of this section. Paragraph (d)(5) of this section applies with respect to an ownership change occurring on or after November 13, 2020. For loss corporations that have undergone an ownership change before or after November 13, 2020, see § 1.382-7 as contained in 26 CFR part 1, revised April 1, 2019. However, taxpayers and their related parties, within the meaning of sections 267(b) and 707(b)(1), may choose to apply the rules of paragraph (d)(5) of this section to testing dates occurring during a taxable year beginning after December 31, 2017.

[T.D. 9487, 75 FR 33992, June 16, 2010, as amended by T.D. 9870, 84 FR 33692, July 15, 2019; T.D. 9905, 85 FR 56837, Sept. 14, 2020]

Terms defined here

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Cross-references

Computed from the citations in the text of 26 CFR.

Code sections it cites

Cited by 2 other regulations

Amendment history

From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.

  1. Amended by T.D. 9905 (85 FR 56837)
  2. Amended by T.D. 9870 (84 FR 33692)
  3. Issued by T.D. 9487 (75 FR 33992)

Where it sits in 26 CFR

  1. Subchapter A Income tax
  2. Part 1 Income taxes
  3. Carryovers

Nearby sections