1031 Exchange Services

Section 1035 of the Internal Revenue Code

Title 26 — Internal Revenue Code ("IRC")

Sub Title A — Income Taxes

Chapter 1 — Normal Taxes and Surtaxes

Subchapter O — Gain or Loss on Disposition of Property

Part III — Common Non-Taxable Exchanges

Updated: Friday, July 14, 2006

Section 1035 — Exchange of Stock for Property

(a) General rules --

No gain or loss shall be recognized on the exchange of --

(1) a contract of life insurance for another contract of life insurance or for an endowment or annuity contract;  or

(2) a contract of endowment insurance (A) for another contract of endowment insurance which provides for regular payments beginning at a date not later than the date payments would have begun under the contract exchanged, or (B) for an annuity contract; or

(3) an annuity contract for an annuity contract.

(b) Definitions --

For the purpose of this section --

(1) Endowment contract --

A contract of endowment insurance is a contract with an insurance company which depends in part on the life expectancy of the insured, but which may be payable in full in a single payment during his life.

(2) Annuity contract --

An annuity contract is a contract to which paragraph (1) applies but which may be payable during the life of the annuitant only in installments.

(3) Life insurance contract --

A contract of life insurance is a contract to which paragraph (1) applies but which is not ordinarily payable in full during the life of the insured.

(c) Exchanges involving foreign persons --

To the extent provided in regulations, subsection (a) shall not apply to any exchange having the effect of transferring property to any person other than a United States person.

(d) Cross references --

(1) For rules relating to recognition of gain or loss where an exchange is not solely in kind, see subsections (b) and (c) of section 1031.

(2) For rules relating to the basis of property acquired in an exchange described in subsection (a), see subsection (d) of section 1031.



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