United capital self liquidating loan
A trade is a transfer of property for other property or services and may be taxed in the same way as a sale. Ordinarily, a transaction isn’t a trade when you voluntarily sell property for cash and immediately buy similar property to replace it.
If you received a note or other debt instrument for the property, see If you finance the buyer's purchase of your property and the debt instrument doesn’t provide for adequate stated interest, the unstated interest that you must report as ordinary income will reduce the amount realized from the sale. A debt against the property, or against you, that is paid off as a part of the transaction, or that is assumed by the buyer, must be included in the amount realized. If you trade business or investment property for other business or investment property of a like kind, you don’t pay tax on any gain or deduct any loss until you sell or dispose of the property you receive. 544 for more information on exchanges of business property and special rules for exchanges using qualified intermediaries or involving multiple properties. If you receive money or unlike property in addition to like property, and the above six conditions are met, you have a partly nontaxable trade.
This is true even if neither you nor the buyer is personally liable for the debt. If you trade property and cash for other property, the amount you realize is the fair market value of the property you receive. To be nontaxable, a trade must meet all six of the following conditions. You are taxed on any gain you realize, but only up to the amount of the money and the fair market value of the unlike property you receive. If you give up unlike property in addition to the like property, you must recognize gain or loss on the unlike property you give up.
It doesn’t apply if the corporation is an investment company.
For this purpose, to be in control of a corporation, you or your group of transferors must own, immediately after the exchange, at least 80% of the total combined voting power of all classes of stock entitled to vote and at least 80% of the outstanding shares of each class of nonvoting stock of the corporation.
If you transfer property to a corporation solely in exchange for stock in that corporation, and immediately after the trade you are in control of the corporation, you ordinarily will not recognize a gain or loss.