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Treasury Regulations · 26 CFR Part 1

Special Rules for Determining Capital Gains and Losses (§§ 1.1231-1 to 1.1298-4)

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 Title 26 on ecfr.gov (external site) or the official annual CFR on govinfo (external site).

  1. § 1.1231-1 Gains and losses from the sale or exchange of certain property used in the trade or business.
  2. § 1.1231-2 Livestock held for draft, breeding, dairy, or sporting purposes.
  3. § 1.1232-1 Bonds and other evidences of indebtedness; scope of section.
  4. § 1.1232-2 [Reserved]
  5. § 1.1232-3 Gain upon sale or exchange of obligations issued at a discount after December 31, 1954.
  6. § 1.1232-3A Inclusion as interest of original issue discount on certain obligations issued after May 27, 1969.
  7. § 1.1233-1 Gains and losses from short sales.
  8. § 1.1233-2 Hedging transactions.
  9. § 1.1234-1 Options to buy or sell.
  10. § 1.1234-2 Special rule for grantors of straddles applicable to certain options granted on or before September 1, 1976.
  11. § 1.1234-3 Special rules for the treatment of grantors of certain options granted after September 1, 1976.
  12. § 1.1234-4 Hedging transactions.
  13. § 1.1235-1 Sale or exchange of patents.
  14. § 1.1235-2 Definition of terms.
  15. § 1.1236-1 Dealers in securities.
  16. § 1.1237-1 Real property subdivided for sale.
  17. § 1.1238-1 Amortization in excess of depreciation.
  18. § 1.1239-1 Gain from sale or exchange of depreciable property between certain related taxpayers after October 4, 1976.
  19. § 1.1239-2 Gain from sale or exchange of depreciable property between certain related taxpayers on or before October 4, 1976.
  20. § 1.1240-1 Capital gains treatment of certain termination payments.
  21. § 1.1241-1 Cancellation of lease or distributor's agreement.
  22. § 1.1242-1 Losses on small business investment company stock.
  23. § 1.1243-1 Loss of small business investment company.
  24. § 1.1244(a)-1 Loss on small business stock treated as ordinary loss.
  25. § 1.1244(b)-1 Annual limitation.
  26. § 1.1244(c)-1 Section 1244 stock defined.
  27. § 1.1244(c)-2 Small business corporation defined.
  28. § 1.1244(d)-1 Contributions of property having basis in excess of value.
  29. § 1.1244(d)-2 Increases in basis of section 1244 stock.
  30. § 1.1244(d)-3 Stock dividend, recapitalizations, changes in name, etc.
  31. § 1.1244(d)-4 Net operating loss deduction.
  32. § 1.1244(e)-1 Records to be kept.
  33. § 1.1245-1 General rule for treatment of gain from dispositions of certain depreciable property.
  34. § 1.1245-2 Definition of recomputed basis.
  35. § 1.1245-3 Definition of section 1245 property.
  36. § 1.1245-4 Exceptions and limitations.
  37. § 1.1245-5 Adjustments to basis.
  38. § 1.1245-6 Relation of section 1245 to other sections.
  39. § 1.1248-1 Treatment of gain from certain sales or exchanges of stock in certain foreign corporations.
  40. § 1.1248-2 Earnings and profits attributable to a block of stock in simple cases.
  41. § 1.1248-3 Earnings and profits attributable to stock in complex cases.
  42. § 1.1248-4 Limitation on tax applicable to individuals.
  43. § 1.1248-5 Stock ownership requirements for less developed country corporations.
  44. § 1.1248-6 Sale or exchange of stock in certain domestic corporations.
  45. § 1.1248-7 Taxpayer to establish earnings and profits and foreign taxes.
  46. § 1.1248-8 Earnings and profits attributable to stock following certain non-recognition transactions.
  47. § 1.1248(f)-1 Certain nonrecognition distributions.
  48. § 1.1248(f)-2 Exceptions for certain distributions and attribution rules.
  49. § 1.1248(f)-3 Reasonable cause and effective/applicability dates.
  50. § 1.1249-1 Gain from certain sales or exchanges of patents, etc., to foreign corporations.
  51. § 1.1250-1 Gain from dispositions of certain depreciable realty.
  52. § 1.1250-2 Additional depreciation defined.
  53. § 1.1250-3 Exceptions and limitations.
  54. § 1.1250-4 Holding period.
  55. § 1.1250-5 Property with two or more elements.
  56. § 1.1251-1 General rule for treatment of gain from disposition of property used in farming where farm losses offset nonfarm income.
  57. § 1.1251-2 Excess deductions account.
  58. § 1.1251-3 Definitions relating to section 1251.
  59. § 1.1251-4 Exceptions and limitations.
  60. § 1.1252-1 General rule for treatment of gain from disposition of farm land.
  61. § 1.1252-2 Special rules.
  62. § 1.1254-0 Table of contents for section 1254 recapture rules.
  63. § 1.1254-1 Treatment of gain from disposition of natural resource recapture property.
  64. § 1.1254-2 Exceptions and limitations.
  65. § 1.1254-3 Section 1254 costs immediately after certain acquisitions.
  66. § 1.1254-4 Special rules for S corporations and their shareholders.
  67. § 1.1254-5 Special rules for partnerships and their partners.
  68. § 1.1254-6 Effective/applicability date.
  69. § 1.1256(e)-1 Identification of hedging transactions.
  70. § 1.1256(e)-2 Special rules for syndicates.
  71. § 1.1258-1 Netting rule for certain conversion transactions.
  72. § 1.1271-0 Original issue discount; effective date; table of contents.
  73. § 1.1271-1 Special rules applicable to amounts received on retirement, sale, or exchange of debt instruments.
  74. § 1.1272-1 Current inclusion of OID in income.
  75. § 1.1272-2 Treatment of debt instruments purchased at a premium.
  76. § 1.1272-3 Election by a holder to treat all interest on a debt instrument as OID.
  77. § 1.1273-1 Definition of OID.
  78. § 1.1273-2 Determination of issue price and issue date.
  79. § 1.1274-1 Debt instruments to which section 1274 applies.
  80. § 1.1274-2 Issue price of debt instruments to which section 1274 applies.
  81. § 1.1274-3 Potentially abusive situations defined.
  82. § 1.1274-4 Test rate.
  83. § 1.1274-5 Assumptions.
  84. § 1.1274A-1 Special rules for certain transactions where stated principal amount does not exceed $2,800,000.
  85. § 1.1275-1 Definitions.
  86. § 1.1275-2 Special rules relating to debt instruments.
  87. § 1.1275-3 OID information reporting requirements.
  88. § 1.1275-4 Contingent payment debt instruments.
  89. § 1.1275-5 Variable rate debt instruments.
  90. § 1.1275-6 Integration of qualifying debt instruments.
  91. § 1.1275-7 Inflation-indexed debt instruments.
  92. § 1.1286-1 Tax treatment of certain stripped bonds and stripped coupons.
  93. § 1.1286-2 Stripped inflation-protected debt instruments.
  94. § 1.1287-1 Denial of capital gains treatment for gains on registration-required obligations not in registered form.
  95. § 1.1288-1 Adjustment of applicable Federal rate for tax-exempt obligations.
  96. § 1.1291-0 Treatment of shareholders of certain passive foreign investment companies; table of contents.
  97. § 1.1291-1 Taxation of U.S. persons that are shareholders of section 1291 funds.
  98. § 1.1291-9 Deemed dividend election.
  99. § 1.1291-10 Deemed sale election.
  100. § 1.1293-0 Table of contents.
  101. § 1.1293-1 Current taxation of income from qualified electing funds.
  102. § 1.1294-0 Table of contents.
  103. § 1.1294-1T Election to extend the time for payment of tax on undistributed earnings of a qualified electing fund (temporary).
  104. § 1.1295-0 Table of contents.
  105. § 1.1295-1 Qualified electing funds.
  106. § 1.1295-3 Retroactive elections.
  107. § 1.1296-1 Mark to market election for marketable stock.
  108. § 1.1296-2 Definition of marketable stock.
  109. § 1.1297-0 Table of contents.
  110. § 1.1297-1 Definition of passive foreign investment company.
  111. § 1.1297-2 Special rules regarding look-through subsidiaries and look-through partnerships.
  112. § 1.1297-3 Deemed sale or deemed dividend election by a U.S. person that is a shareholder of a section 1297(e) PFIC.
  113. § 1.1297-4 Qualifying insurance corporation.
  114. § 1.1297-5 [Reserved]
  115. § 1.1297-6 Exception from the definition of passive income for active insurance income.
  116. § 1.1298-0 Passive foreign investment company—table of contents.
  117. § 1.1298-1 Section 1298(f) annual reporting requirements for United States persons that are shareholders of a passive foreign investment company.
  118. § 1.1298-2 Rules for certain corporations changing businesses.
  119. § 1.1298-3 Deemed sale or deemed dividend election by a U.S. person that is a shareholder of a former PFIC.
  120. § 1.1298-4 Rules for certain foreign corporations owning stock in 25-percent-owned domestic corporations.