Title 26, Internal Revenue CodeRelease 119-110

§1012 Basis of Property—cost

Title 26 › 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 Sep 22, 2026|Official source

Summary

Most property’s tax basis is simply what you paid for it. There are some special rules in other parts of the tax code that change that. For real estate, you cannot include any portion of property taxes in the cost if those taxes are treated under section 164(d) as taxes imposed on you. For certain securities, the rules about which shares you sell must be applied separately for each account when the security is sold on or after the “applicable date.” Stocks that could use an average basis method and were bought before January 1, 2012, are treated as a different account from stock bought on or after that date. A regulated investment company can choose to treat all its stock for certain shareholders as one account instead, and brokers holding that stock as a nominee follow the same rule. The terms “specified security” and “applicable date” are defined in section 6045(g). If you get stock through a dividend reinvestment plan after December 31, 2011, the cost of those shares while they stay in the plan is figured using the same kinds of methods allowed for regulated investment company stock (including average basis if allowed). If you move those shares to another account, their cost in the new account is the same as it was in the plan, adjusted for any transfer fees. The same separate-account and election rules from above apply to reinvested dividends. A dividend reinvestment plan is any setup where dividends buy the same kind of stock, and shares count as part of the plan if they were bought by the plan or if their dividends are put into the plan.

Full Legal Text

Title 26, §1012

Internal Revenue Code, Source: USLM XML via OLRC

(a)In general
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)Special rule for apportioned real estate taxes
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)Determinations by account
(1)In general
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)Application to certain regulated investment companies
(A)In general
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)Election for treatment as single account
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.
A rule similar to the rule of the preceding sentence shall apply with respect to a broker holding such stock as a nominee.
(3)Definitions
For purposes of this section, the terms “specified security” and “applicable date” shall have the meaning given such terms in section 6045(g).
(d)Average basis for stock acquired pursuant to a dividend reinvestment plan
(1)In general
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)Treatment after transfer
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)Separate accounts; election for treatment as single account
(A)In general
Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection.
(B)Average basis method
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)Dividend reinvestment plan
For purposes of this subsection
(A) In general
(B)Initial stock acquisition treated as acquired in connection with plan
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 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110