Title 26, Internal Revenue CodeRelease 119-110

§1059A Limitation on Taxpayer’s Basis or Inventory Cost in Property Imported From Related Persons

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter O — Gain or Loss on Disposition of Property › PART IV — SPECIAL RULES › § 1059A

Last updated Sep 22, 2026|Official source

Summary

When related parties bring property into the United States (as “related persons” is defined in section 482), any costs the buyer includes in the property’s tax basis or inventory cost that were also used to set the customs value must not be higher, for purposes of computing that basis or inventory cost for purposes of this chapter, than the amount used to compute the customs value. Customs value — the value used to figure customs duties or other import duties. Import — generally means bringing goods in, or taking them out of a warehouse for use, unless regulations say otherwise.

Full Legal Text

Title 26, §1059A

Internal Revenue Code, Source: USLM XML via OLRC

(a)In general
If any property is imported into the United States in a transaction (directly or indirectly) between related persons (within the meaning of section 482), the amount of any costs—
(1)which are taken into account in computing the basis or inventory cost of such property by the purchaser, and
(2)which are also taken into account in computing the customs value of such property,
shall not, for purposes of computing such basis or inventory cost for purposes of this chapter, be greater than the amount of such costs taken into account in computing such customs value.
(b)Customs value; import
For purposes of this section
(1) Customs value
(2)Import
Except as provided in regulations, the term “import” means the entering, or withdrawal from warehouse, for consumption.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–514, title XII, § 1248(c), Oct. 22, 1986, 100 Stat. 2584, provided that: “The

Amendments

made by this section [enacting this section] shall apply to transactions entered into after March 18, 1986.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 1059A

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110