Title 26Internal Revenue CodeRelease 119-73

§1012 Basis of Property—cost

Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter O— Gain or Loss on Disposition of Property › Part II— BASIS RULES OF GENERAL APPLICATION › § 1012

Last updated Apr 6, 2026|Official source

Summary

Your basis in property, the starting number used to figure your gain or loss when you sell, is generally what the property cost you, unless another rule in the tax code says otherwise. For real estate, your cost does not include property taxes that the tax rules treat as imposed on you under section 164(d). Special rules apply to stock and other securities. When you sell, the basis-tracking methods set by regulations apply account by account. Stock eligible for the average basis method that you bought before January 1, 2012 is treated as a separate account from stock bought later, though a mutual fund can elect to treat all of a shareholder's stock the same way. Stock bought after December 31, 2011 through a dividend reinvestment plan, where dividends are automatically used to buy more of the same stock, can use any basis method allowed for mutual fund shares, and the basis carries over if the stock is moved to another account.

Full Legal Text

Title 26, §1012

Internal Revenue Code — Source: USLM XML via OLRC

(a)The basis of property shall be the cost of such property, except as otherwise provided in this subchapter and subchapters C (relating to corporate distributions and adjustments), K (relating to partners and partnerships), and P (relating to capital gains and losses).
(b)The cost of real property shall not include any amount in respect of real property taxes which are treated under section 164(d) as imposed on the taxpayer.
(c)(1)In the case of the sale, exchange, or other disposition of a specified security on or after the applicable date, the conventions prescribed by regulations under this section shall be applied on an account by account basis.
(2)(A)Except as provided in subparagraph (B), any stock for which an average basis method is permissible under this section which is acquired before January 1, 2012, shall be treated as a separate account from any such stock acquired on or after such date.
(B)If a regulated investment company described in subparagraph (A) elects to have this subparagraph apply with respect to one or more of its stockholders—
(i)subparagraph (A) shall not apply with respect to any stock in such regulated investment company held by such stockholders, and
(ii)all stock in such regulated investment company which is held by such stockholders shall be treated as covered securities described in section 6045(g)(3) without regard to the date of the acquisition of such stock.
(3)For purposes of this section, the terms “specified security” and “applicable date” shall have the meaning given such terms in section 6045(g).
(d)(1)In the case of any stock acquired after December 31, 2011, in connection with a dividend reinvestment plan, the basis of such stock while held as part of such plan shall be determined using one of the methods which may be used for determining the basis of stock in a regulated investment company.
(2)In the case of the transfer to another account of stock to which paragraph (1) applies, such stock shall have a cost basis in such other account equal to its basis in the dividend reinvestment plan immediately before such transfer (properly adjusted for any fees or other charges taken into account in connection with such transfer).
(3)(A)Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection.
(B)Notwithstanding paragraph (1), in the case of an election under rules similar to the rules of subsection (c)(2)(B) with respect to stock held in connection with a dividend reinvestment plan, the average basis method is permissible with respect to all such stock without regard to the date of the acquisition of such stock.
(4)For purposes of this subsection—
(A)The term “dividend reinvestment plan” means any arrangement under which dividends on any stock are reinvested in stock identical to the stock with respect to which the dividends are paid.
(B)Stock shall be treated as acquired in connection with a dividend reinvestment plan if such stock is acquired pursuant to such plan or if the dividends paid on such stock are subject to such plan.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (c)(2). Pub. L. 113–295, § 210(f)(1)(A), substituted “regulated investment companies” for “funds” in heading. Subsec. (c)(2)(A). Pub. L. 113–295, § 220(n), substituted “this section” for “section 1012”. Subsec. (c)(2)(B). Pub. L. 113–295, § 210(f)(1)(C), substituted “regulated investment company” for “fund” wherever appearing. Pub. L. 113–295, § 210(f)(1)(B), struck out “fund” after “Election” in heading. Subsec. (d)(1). Pub. L. 113–295, § 210(f)(2), substituted “
December 31, 2011” for “
December 31, 2010” and “a regulated investment company” for “an open-end fund”. Subsec. (d)(3). Pub. L. 113–295, § 210(f)(3), amended par. (3) generally. Prior to amendment, text read as follows: “Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection.” 2008—Pub. L. 110–343 designated first sentence as subsec. (a) and second sentence as subsec. (b), inserted headings, and added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 AmendmentAmendment by section 210(f)(1)–(3) of Pub. L. 113–295 effective as if included in the provisions of the Energy Improvement and Extension Act of 2008, Pub. L. 110–343, div. B, to which such amendment relates, see section 210(h) of Pub. L. 113–295, set out as a note under section 45 of this title.

Effective Date

of 2008 Amendment Pub. L. 110–343, div. B, title IV, § 403(e), Oct. 3, 2008, 122 Stat. 3860, provided that: “(1) In general.—Except as otherwise provided in this subsection, the

Amendments

made by this section [enacting section 6045A and 6045B of this title and amending this section and section 6045 and 6724 of this title] shall take effect on January 1, 2011. “(2) Extension of period for statements sent to customers.—The

Amendments

made by subsection (a)(3) [amending section 6045 of this title] shall apply to statements required to be furnished after December 31, 2008.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 1012

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73