US Codex
U.S.C.
Notes

§453. Installment method — Inbound Citations

26 U.S.C. § 453

Cited by 18 provisions in release 119-102.

Citations to 26 U.S.C. § 453 as a whole

  • (8) If the acquiring corporation acquires installment obligations (the income from which the distributor or transferor corporation reports on the installment basis under section 453) the acquiring corporation shall, for purposes of section 453, be treated as if it were the distributor or transferor corporation.
  • (11) Section 453 shall not apply to any qualifying electric transmission transaction with respect to which an election to apply this subsection is made.
  • (1) For purposes of section 453, if any indebtedness (hereinafter in this subsection referred to as “secured indebtedness”) is secured by an installment obligation to which this section applies, the net proceeds of the secured indebtedness shall be treated as a payment received on such installment obligation as of the later of—
    (A) the time the indebtedness becomes secured indebtedness, or
    (B) the time the proceeds of such indebtedness are received by the taxpayer.
  • (3) If any amount is treated as received under paragraph (1) with respect to any installment obligation, subsequent payments received on such obligation shall not be taken into account for purposes of section 453 to the extent that the aggregate of such subsequent payments does not exceed the aggregate amount treated as received under paragraph (1).
  • (A) by returning the income on such installment obligation under the installment method prescribed in section 453, and
  • (3) In the case of an installment sale of an entire interest in an activity to which section 453 applies, paragraph (1) shall apply to the portion of such losses for each taxable year which bears the same ratio to all such losses as the gain recognized on such sale during such taxable year bears to the gross profit from such sale (realized or to be realized when payment is completed).
  • (4) In the case of an installment obligation reportable by the decedent on the installment method under section 453, if such obligation is acquired by the decedent’s estate from the decedent or by any person by reason of the death of the decedent or by bequest, devise, or inheritance from the decedent—
    (A) an amount equal to the excess of the face amount of such obligation over the basis of the obligation in the hands of the decedent (determined under section 453B) shall, for the purpose of paragraph (1), be considered as an item of gross income in respect of the decedent; and
    (B) such obligation shall, for purposes of paragraphs (2) and (3), be considered a right to receive an item of gross income in respect of the decedent, but the amount includible in gross income under paragraph (2) shall be reduced by an amount equal to the basis of the obligation in the hands of the decedent (determined under section 453B).
  • (A) In the case of an installment obligation reportable by the decedent on the installment method under section 453, for purposes of paragraph (2)
    (i) the second sentence of paragraph (2) shall be applied by inserting “(other than the obligor)” after “or a transfer to a person”,
    (ii) any cancellation of such an obligation shall be treated as a transfer, and
    (iii) any cancellation of such an obligation occurring at the death of the decedent shall be treated as a transfer by the estate of the decedent (or, if held by a person other than the decedent before the death of the decedent, by such person).
  • (B) If an S corporation sells an asset and reports the income from the sale using the installment method under section 453, the treatment of all payments received shall be governed by the provisions of this paragraph applicable to the taxable year in which such sale was made.

Citations to §453(f)

Citations to §453(f)(1)

Citations to §453(f)(5)

Citations to §453(h)(1)

Citations to §453(l)(2)(B)

Citations to §453(l)(3)