26 CFR § 1.358-3 - Treatment of assumption of liabilities.

---
identifier: "/us/cfr/t26/s1.358-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "26 CFR § 1.358-3 - Treatment of assumption of liabilities."
title_number: 26
title_name: "Internal Revenue"
section_number: "1.358-3"
section_name: "Treatment of assumption of liabilities."
chapter_name: "INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY"
subchapter_number: "A"
subchapter_name: "INCOME TAX"
part_number: "1"
part_name: "INCOME TAXES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "26 U.S.C. 7805, unless otherwise noted."
regulatory_source: "T.D. 6500, 25 FR 11402, Nov. 26, 1960; 25 FR 14021, Dec. 21, 1960; T.D. 9989, 89 FR 17606, Mar. 11, 2024, unless otherwise noted."
cfr_part: "1"
---


# 1.358-3 Treatment of assumption of liabilities.

(a) For purposes of section 358, where a party to the exchange assumes a liability of a distributee or acquires from him property subject to a liability, the amount of such liability is to be treated as money received by the distributee upon the exchange, whether or not the assumption of liabilities resulted in a recognition of gain or loss to the taxpayer under the law applicable to the year in which the exchange was made.

(b) The application of paragraph (a) of this section may be illustrated by the following examples:

|  |  |
| --- | --- |
| Adjusted basis of property transferred | $100,000 |
| Less: Amount of money received (amount of liabilities assumed) | —25,000 |
| Basis of Corporation X stock to A | 75,000 |

|  |  |
| --- | --- |
| Adjusted basis of property transferred | $25,000 |
| Less: Amount of money received (amount of liabilities) | —50,000 |
| Plus: Amount of gain recognized to taxpayer | 25,000 |
| Basis of Corporation X stock to A | 0 |