26 U.S.C. § 1397B
Nonrecognition of gain on rollover of empowerment zone investments
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
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- Citation
- 26 U.S.C. § 1397B, Nonrecognition of gain on rollover of empowerment zone investments, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/463080
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Full text
In the case of any sale of a qualified empowerment zone asset held by the taxpayer for more than 1 year and with respect to which such taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds—
For purposes of this section—
The term “qualified empowerment zone asset” means any property which would be a qualified community asset (as defined in section 1400F) 11 See References in Text note below. if in section 1400F 1—
Any reference in this paragraph to section 1400F shall be treated as reference to such section before its repeal.
This section shall not apply to—
A taxpayer shall be treated as having purchased any property if, but for paragraph (4), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012).
If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified empowerment zone asset which is purchased by the taxpayer during the 60-day period described in subsection (a). This paragraph shall not apply for purposes of section 1202.
For purposes of determining whether the nonrecognition of gain under subsection (a) applies to any qualified empowerment zone asset which is sold, the taxpayer’s holding period for such asset and the asset referred to in subsection (a)(1) shall be determined without regard to section 1223.
This section shall not apply to sales in taxable years beginning after December 31, 2020.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Consolidated Appropriations Act, 2001
- Tax Increase Prevention Act of 2014
- Consolidated Appropriations Act, 2018House: 256–167Senate: no recorded tally
- Consolidated Appropriations Act, 2021House: no recorded tallySenate: no recorded tally