{"data":{"id":"us/26-cfr-1.1031-d-2","jurisdiction":"us","citation":"26 CFR 1.1031(d)-2","heading":"(d)-2 Treatment of assumption of liabilities.","body":"For the purposes of section 1031(d), the amount of any liabilities of the taxpayer assumed by the other party to the exchange (or of any liabilities to which the property exchanged by the taxpayer is subject) is to be treated as money received by the taxpayer upon the exchange, whether or not the assumption resulted in a recognition of gain or loss to the taxpayer under the law applicable to the year in which the exchange was made. The application of this section may be illustrated by the following examples:\nExample 1.\nB, an individual, owns an apartment house which has an adjusted basis in his hands of $500,000, but which is subject to a mortgage of $150,000. On September 1, 1954, he transfers the apartment house to C, receiving in exchange therefor $50,000 in cash and another apartment house with a fair market value on that date of $600,000. The transfer to C is made subject to the $150,000 mortgage. B realizes a gain of $300,000 on the exchange, computed as follows:\nValue of property received $600,000\nCash 50,000\nLiabilities subject to which old property was transferred 150,000\nTotal consideration received 800,000\nLess: Adjusted basis of property transferred 500,000\nGain realized 300,000\nUnder section 1031(b), $200,000 of the $300,000 gain is recognized. The basis of the apartment house acquired by B upon the exchange is $500,000, computed as follows: Adjusted basis of property transferred 500,000\nLess: Amount of money received:\nCash $50,000\nAmount of liabilities subject to which property was transferred 150,000\n___ 200,000\nDifference 300,000\nPlus: Amount of gain recognized upon the exchange 200,000\nBasis of property acquired upon the exchange 500,000\nExample 2.\n(a) D, an individual, owns an apartment house. On December 1, 1955, the apartment house owned by D has an adjusted basis in his hands of $100,000, a fair market value of $220,000, but is subject to a mortgage of $80,000. E, an individual, also owns an apartment house. On December 1, 1955, the apartment house owned by E has an adjusted basis of $175,000, a fair market value of $250,000, but is subject to a mortgage of $150,000. On December 1, 1955, D transfers his apartment house to E, receiving in exchange therefore $40,000 in cash and the apartment house owned by E. Each apartment house is transferred subject to the mortgage on it.\n(b) D realizes a gain of $120,000 on the exchange, computed as follows:\nValue of property received $250,000\nCash 40,000\nLiabilities subject to which old property was transferred 80,000\nTotal consideration received 370,000\nLess:\nAdjusted basis of property transferred $100,000\nLiabilities to which new property is subject 150,000\n____ 250,000\nGain realized 120,000\nFor purposes of section 1031(b), the amount of other property or money received by D is $40,000. (Consideration received by D in the form of a transfer subject to a liability of $80,000 is offset by consideration given in the form of a receipt of property subject to a $150,000 liability. Thus, only the consideration received in the form of cash, $40,000, is treated as other property or money for purposes of section 1031(b).) Accordingly, under section 1031(b), $40,000 of the $120,000 gain is recognized. The basis of the apartment house acquired by D is $170,000, computed as follows:\nAdjusted basis of property transferred $100,000\nLiabilities to which new property is subject 150,000\nTotal 250,000\nLess: Amount of money received: Cash $40,000\nAmount of liabilities subject to which property was transferred 80,000\n____ 120,000\nDifference 130,000\nPlus: Amount of gain recognized upon the exchange 40,000\nBasis of property acquired upon the exchange 170,000\n(c) E realizes a gain of $75,000 on the exchange, computed as follows:\nValue of property received $220,000\nLiabilities subject to which old property was transferred 150,000\nTotal consideration received 370,000\nLess:\nAdjusted basis of property transferred $175,000\nCash 40,000\nLiabilities to which new property is subject 80,000\n____ 295,000\nGain realized 75,000\nFor purposes of section 1031(b), the amount of other property or money received by E is $30,000. (Consideration received by E in the form of a transfer subject to a liability of $150,000 is offset by consideration given in the form of a receipt of property subject to an $80,000 liability and by the $40,000 cash paid by E. Although consideration received in the form of cash or other property is not offset by consideration given in the form of an assumption of liabilities or a receipt of property subject to a liability, consideration given in the form of cash or other property is offset against consideration received in the form of an assumption of liabilities or a transfer of property subject to a liability.) Accordingly, under section 1031(b), $30,000 of the $75,000 gain is recognized. The basis of the apartment house acquired by E is $175,000, computed as follows:\nAdjusted basis of property transferred $175,000\nCash 40,000\nLiabilities to which new property is subject 80,000\nTotal 295,000\nLess: Amount of money received: Amount of liabilities subject to which property was transferred $150,000\n____ 150,000\nDifference 145,000\nPlus: Amount of gain recognized upon the exchange 30,000\nBasis of property acquired upon the exchange 175,000","path":["Title 26—Internal Revenue","CHAPTER I—INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY","SUBCHAPTER A—INCOME TAX","PART 1—INCOME TAXES"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-26.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:11Z","sha256":"485721ad45f3f8944390b03b10ad7124b0e7a42a78b4035a642b2bc0cf32423a","source_id":"us-cfr","stale":true,"prev":"us/26-cfr-1.1031-d-1t","next":"us/26-cfr-1.1031-e-1"},"notice":"GroundRules: Original legal text. Not legal advice."}