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Glossary/Transfers between spouses

What is Transfers between spouses?

In short

No gain or loss is recognized on transfers of property between spouses, or between former spouses when incident to a divorce. The recipient takes the transferor's basis.

Key takeaways

  • A transfer is incident to divorce if it occurs within 1 year after the marriage ends, or is related to its ending.
  • The carryover basis applies even if the property's value is below basis.
  • The rule doesn't apply if the recipient spouse is a nonresident alien.

Where it's tested

REG: Property Transactions: Gains, Losses & Like-Kind Exchanges — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

A business sells equipment for $55,000. Original cost was $50,000 and accumulated depreciation was $30,000. How is the gain characterized?

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