Loopholes > Federal > Capital Gain Treatment for Lease Cancellation
DEDUCTION MEDIUM SAVINGS INDIVIDUAL|BUSINESS

Capital Gain Treatment for Lease Cancellation

IRC §1241

Amounts received by a lessee for the cancellation of a lease are treated as an exchange, allowing the payment to be taxed at preferential capital gains rates rather than ordinary income rates.

Eligibility

Applies to lessees receiving payments for the cancellation of a lease or distributors with a substantial capital investment receiving payments for the cancellation of a distributor agreement.

Frequently Asked Questions

Who is eligible for the Capital Gain Treatment for Lease Cancellation?

Applies to lessees receiving payments for the cancellation of a lease or distributors with a substantial capital investment receiving payments for the cancellation of a distributor agreement.

How does the Capital Gain Treatment for Lease Cancellation work?

Amounts received by a lessee for the cancellation of a lease are treated as an exchange, allowing the payment to be taxed at preferential capital gains rates rather than ordinary income rates.

What law authorizes the Capital Gain Treatment for Lease Cancellation?

The Capital Gain Treatment for Lease Cancellation is authorized under IRC §1241 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §1241

Source: Internal Revenue Code, Title 26, United States Code

§ 1241. Cancellation of lease or distributor’s agreement Amounts received by a lessee for the cancellation of a lease, or by a distributor of goods for the cancellation of a distributor’s agreement (if the distributor has a substantial capital investment in the distributorship), shall be considered as amounts received in exchange for such lease or agreement. (Aug. 16, 1954, ch. 736, 68A Stat. 333.)