Title 26Internal Revenue CodeRelease 119-73

§741 Recognition and Character of Gain or Loss on Sale or Exchange

Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter K— Partners and Partnerships › Part II— CONTRIBUTIONS, DISTRIBUTIONS, AND TRANSFERS › Subpart C— Transfers of Interests in a Partnership › § 741

Last updated Apr 6, 2026|Official source

Summary

When you sell or exchange your interest in a partnership, you recognize gain or loss on the deal. That gain or loss is generally treated as capital gain or loss, the same as selling an investment. The exception is the portion tied to the partnership's unrealized receivables and inventory, which is taxed under a different rule as ordinary income.

Full Legal Text

Title 26, §741

Internal Revenue Code — Source: USLM XML via OLRC

In the case of a sale or exchange of an interest in a partnership, gain or loss shall be recognized to the transferor partner. Such gain or loss shall be considered as gain or loss from the sale or exchange of a capital asset, except as otherwise provided in section 751 (relating to unrealized receivables and inventory items).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Pub. L. 107–147 struck out “which have appreciated substantially in value” after “inventory items”.

Reference

Citations & Metadata

Citation

26 U.S.C. § 741

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73