Internal Revenue Code · 26 U.S.C.
§ 752. Treatment of certain liabilities
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 752
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Length
- 4 subsections · 201 words · about 1 min to read
- Cross-references
- cites 0; cited by 3 Code sections and 33 other regulations
- Regulations
- 9 issued under this section
Any increase in a partner’s share of the liabilities of a partnership, or any increase in a partner’s individual liabilities by reason of the assumption by such partner of partnership liabilities, shall be considered as a contribution of money by such partner to the partnership.
Any decrease in a partner’s share of the liabilities of a partnership, or any decrease in a partner’s individual liabilities by reason of the assumption by the partnership of such individual liabilities, shall be considered as a distribution of money to the partner by the partnership.
For purposes of this section, a liability to which property is subject shall, to the extent of the fair market value of such property, be considered as a liability of the owner of the property.
In the case of a sale or exchange of an interest in a partnership, liabilities shall be treated in the same manner as liabilities in connection with the sale or exchange of property not associated with partnerships.
(Aug. 16, 1954, ch. 736, 68A Stat. 251.)
Regulations under this section
Treasury regulations (26 CFR) issued under § 752
- § 1.752-0 Table of contents.
- § 1.752-1 Treatment of partnership liabilities.
- § 1.752-2 Partner's share of recourse liabilities.
- § 1.752-2T Partner's share of recourse liabilities (temporary).
- § 1.752-3 Partner's share of nonrecourse liabilities.
- § 1.752-4 Special rules.
- § 1.752-5 Applicability dates and transition rules.
- § 1.752-6 Partnership assumption of partner's section 358(h)(3) liability after October 18, 1999, and before June 24, 2003.
- § 1.752-7 Partnership assumption of partner's § 1.752-7 liability on or after June 24, 2003.
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
Cited by 3 Code sections
- § 108(i)(6) Income from discharge of indebtedness
- § 170(h)(7)(B)(ii)(II) Charitable, etc., contributions and gifts
- § 465(b)(6)(C) Deductions limited to amount at risk
Cited in 33 regulations not issued under it
- § 1.108(i)-0 Definitions and effective/applicability dates.
- § 1.108(i)-2 Application of section 108(i) to partnerships and S corporations.
- § 1.163(j)-10 Allocation of interest expense, interest income, and other items of expense and gross income to an excepted trade or business.
- § 1.170A-14 Qualified conservation contributions.
- § 1.362-3 Basis of importation property acquired in loss importation transaction.
- § 1.362-4 Basis of loss duplication property.
- § 1.385-3 Certain distributions of debt instruments and similar transactions.
- § 1.465-27 Qualified nonrecourse financing.
- § 1.704-1 Partner's distributive share.
- § 1.705-1 Determination of basis of partner's interest.
- § 1.707-5 Disguised sales of property to partnership; special rules relating to liabilities.
- § 1.721-1 Nonrecognition of gain or loss on contribution.
- § 1.722-1 Basis of contributing partner's interest.
- § 1.736-1 Payments to a retiring partner or a deceased partner's successor in interest.
- § 1.737-1 Recognition of precontribution gain.
- § 1.737-4 Anti-abuse rule.
- § 1.743-1 Optional adjustment to basis of partnership property.
- § 1.751-1 Unrealized receivables and inventory items.
- § 1.755-1 Rules for allocation of basis.
- § 1.861-9T Allocation and apportionment of interest expense (temporary).
- § 1.882-5 Determination of interest deduction.
- § 1.884-1 Branch profits tax.
- § 1.1001-2 Discharge of liabilities.
- § 1.1014-10 Basis of property acquired from a decedent must be consistent with property's Federal estate tax value.
Show 9 more
- § 1.1223-3 Rules relating to the holding periods of partnership interests.
- § 1.1245-4 Exceptions and limitations.
- § 1.1400Z2-0 Table of Contents.
- § 1.1400Z2(a)-1 Deferring tax on capital gains by investing in opportunity zones.
- § 1.1400Z2(b)-1 Inclusion of gains that have been deferred under section 1400Z-2(a).
- § 1.1400Z2(c)-1 Investments held for at least 10 years.
- § 1.1446(f)-2 Withholding on the transfer of a non-publicly traded partnership interest.
- § 1.6011-4 Requirement of statement disclosing participation in certain transactions by taxpayers.
- § 1.7874-10 Disregard of certain distributions.
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter K Partners and Partnerships
- Part II CONTRIBUTIONS, DISTRIBUTIONS, AND TRANSFERS
- Subpart D Provisions Common to Other Subparts
Nearby sections
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Statutory Notes and Related Subsidiaries
Overruling of Raphan Case
Pub. L. 98–369, div. A, title I, § 79, July 18, 1984, 98 Stat. 597, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(a) General Rule.— Section 752 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (and the regulations prescribed thereunder) shall be applied without regard to the result reached in the case of Raphan vs the United States, 3 Cl. Ct. 457 (1983).“(b) Regulations.— In amending the regulations prescribed under section 752 of such Code to reflect subsection (a), the Secretary of the Treasury or his delegate shall prescribe regulations relating to liabilities, including the treatment of guarantees, assumptions, indemnity agreements, and similar arrangements.”