§1.367(e)-1   Distributions described in section 367(e)(1).

(a) Purpose and scope.

(b) Gain recognition.

(1) General rule.

(2) Stock owned through partnerships, disregarded entities, trusts, and estates.

(3) Gain computation.

(4) Treatment of distributee.

(c) Nonrecognition of gain.

(d) Determining whether distributees are qualified U.S. persons.

(1) General rule—presumption of foreign status.

(2) Non-publicly traded distributing corporations.

(3) Publicly traded distributing corporations.

(i) Five percent shareholders.

(ii) Other distributees.

(4) Qualified exchange or other market.

(e) Reporting under section 6038B.

(f) Effective date.

§1.367(e)-2   Distributions described in section 367(e)(2).

(a) Purpose and scope.

(1) In general.

(2) Nonapplicability of section 367(a).

(b) Distribution by a domestic corporation.

(1) General rule.

(i) Recognition of gain and loss.

(ii) Operating rules.

(A) General rule.

(B) Overall loss limitation.

(1) Overall loss limitation rule.

(2) Example.

(C) Special rules for built-in gains and losses attributable to property received in liquidations and reorganizations.

(iii) Distribution of partnership interest.

(A) General rule.

(B) Gain or loss calculation. [Reserved]

(C) Basis adjustments.

(D) Publicly traded partnerships.

(2) Exceptions.

(i) Distribution of property used in a U.S. trade or business.

(A) Conditions for nonrecognition.

(B) Qualifying property.

(C) Required statement.

(1) Declaration and certification.

(2) Property description.

(3) Distributee identification.

(4) Treaty benefits waiver.

(5) Statute of limitations extension.

(D) Failure to file statement.

(E) Operating rules.

(1) Gain or loss recognition by the foreign distributee corporation.

(i) Taxable dispositions.

(ii) Other triggering events.

(2) Gain recognition by the domestic liquidating corporation.

(i) General rule.

(ii) Amended return.

(iii) Interest.

(iv) Joint and several liability.

(3) Schedule for property no longer used in a U.S. trade or business.

(4) Nontriggering events.

(i) Conversions, certain exchanges, and abandonment.

(ii) Amendment to Master Property Description

(5) Nontriggering transfers to qualified transferees.

(ii) Distribution of certain U.S. real property interests.

(iii) Distribution of stock of domestic subsidiary corporations.

(A) Conditions for nonrecognition.

(B) Exceptions when the liquidating corporation is a U.S. real property holding corporation.

(C) Anti-abuse rule.

(D) Required statement.

(3) Other consequences.

(i) Distributee basis in property.

(ii) Reporting under section 6038B.

(iii) Other rules.

(c) Distribution by a foreign corporation.

(1) General rule—gain and loss not recognized.

(2) Exceptions.

(i) Property used in a U.S. trade or business.

(A) General rule.

(B) Ten-year active U.S. business exception.

(C) Required statement.

(D) Operating rules.

(ii) Property formerly used in a U.S. trade or business.

(3) Other consequences.

(i) Distributee basis in property.

(ii) Other rules.

(d) Anti-abuse rule.

(e) Effective date.