Title 26Internal Revenue CodeRelease 119-73

§1243 Loss of small business investment company

Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter P— - Capital Gains and Losses › Part PART IV— - SPECIAL RULES FOR DETERMINING CAPITAL GAINS AND LOSSES › § 1243

Last updated Apr 6, 2026|Official source

Summary

Applies when a Small Business Investment Company under the Small Business Investment Act of 1958 has a loss on stock it got by converting convertible debentures bought under section 304, and that loss would otherwise be treated as a capital loss from selling or exchanging a capital asset.

Full Legal Text

Title 26, §1243

Internal Revenue Code — Source: USLM XML via OLRC

In the case of a small business investment company operating under the Small Business Investment Act of 1958, if—
(1)a loss is on stock received pursuant to the conversion privilege of convertible debentures acquired pursuant to section 304 of the Small Business Investment Act of 1958, and
(2)such loss would (but for this section) be a loss from the sale or exchange of a capital asset,

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Small Business Investment Act of 1958, referred to in text, is Pub. L. 85–699, Aug. 21, 1958, 72 Stat. 689, which is classified principally to chapter 14B (§ 661 et seq.) of Title 15, Commerce and Trade. section 304 of the Small Business Investment Act of 1958, is classified to section 684 of Title 15. For complete classification of this Act to the Code, see

Short Title

note set out under section 661 of Title 15 and Tables.

Amendments

1976—Pub. L. 94–455 substituted “an ordinary loss” for “a loss from the sale or exchange of property which is not a capital asset”. 1969—Par. (1). Pub. L. 91–172 substituted “stock received pursuant to the conversion privilege of convertible debentures” for “convertible debentures (including stock received pursuant to the conversion privilege)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title.

Effective Date

of 1969 AmendmentAmendment by Pub. L. 91–172 applicable to taxable years beginning after July 11, 1969, see section 433(d) of Pub. L. 91–172, set out as a note under section 582 of this title.

Effective Date

Section applicable with respect to taxable years beginning after Sept. 2, 1958, see section 57(d) of Pub. L. 85–866, set out as an

Effective Date

of 1958 Amendment note under section 243 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 1243

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73