Loopholes > Federal > Pooled Income Fund Gain Exclusion
DEDUCTION MEDIUM SAVINGS INDIVIDUAL|INVESTOR

Pooled Income Fund Gain Exclusion

IRC §683(b)

Excludes the recognition of gain when property is transferred to a trust in exchange for an interest in other trust property, provided the trust is a qualified pooled income fund.

Eligibility

Taxpayer must transfer property to a pooled income fund as defined in section 642(c)(5).

Frequently Asked Questions

Who is eligible for the Pooled Income Fund Gain Exclusion?

Taxpayer must transfer property to a pooled income fund as defined in section 642(c)(5).

How does the Pooled Income Fund Gain Exclusion work?

Excludes the recognition of gain when property is transferred to a trust in exchange for an interest in other trust property, provided the trust is a qualified pooled income fund.

What law authorizes the Pooled Income Fund Gain Exclusion?

The Pooled Income Fund Gain Exclusion is authorized under IRC §683(b) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §683

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

§ 683. Use of trust as an exchange fund(a) General ruleExcept as provided in subsection (b), if property is transferred to a trust in exchange for an interest in other trust property and if the trust would be an investment company (within the meaning of section 351) if it were a corporation, then gain shall be recognized to the transferor. (b) Exception for pooled income fundsSubsection (a) shall not apply to any transfer to a pooled income fund (within the meaning of section 642(c)(5)). (Aug. 16, 1954, ch. 736, 68A Stat. 235; Pub. L. 94–455, title XXI, § 2131(e)(1), Oct. 4, 1976, 90 Stat. 1924.) Editorial Notes Amendments1976—Pub. L. 94–455 substituted provisions relating to use of trust as an exchange fund for provisions setting forth rule that this part applies only to taxable years beginning after Dec. 31, 1953, and ending after the date of the enactment of this title and exceptions thereto. Statutory Notes and Related Subsidiaries Effective Date of 1976 AmendmentAmendment of section by Pub. L. 94–455 effective on Apr. 8, 1976, in taxable years ending on or after such date, see section 2131(f)(6) of Pub. L. 94–455, set out as a note under section 584 of this title.