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Income Tax Planning
Chapter 13: Nontaxable Exchanges/SECTION 1041: TRANSFERS BETWEEN SPOUSES
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Chapter 13: Nontaxable Exchanges

SECTION 1041: TRANSFERS BETWEEN SPOUSES

01.Core Concepts

• All transfers between spouses and incident to a divorce result in: • Carryover basis to transferee • Carryover holding period to transferee Example: Ross and Rachel are getting divorced. As part of the divorce settlement, Rachel receives a vacation home worth $800,000 that the couple paid $300,000 for many years earlier. Rachel is the transferee and her basis in the home is $300,000. If she sells the property, she will recognize gain to the extent any sale proceeds from the home exceed this amount.