26 CFR §1.1398-3
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Scope. This section applies to cases under chapter 7 or chapter 11 of title 11 of the United States Code, but only if the debtor is an individual.
- (b)Definition and rules of general application. For purposes of this section, section 121 exclusion means the exclusion of gain from the sale or exchange of a debtor's principal residence available under section 121.
- (c)Estate succeeds to exclusion upon commencement of case. The bankruptcy estate succeeds to and takes into account the section 121 exclusion with respect to the property transferred into the estate.
- (d)Effective date. This section is applicable for sales or exchanges on or after December 24, 2002.