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Title 26 — Internal Revenue Code

Part I · Chapter 1 — Normal Taxes and Surtaxes

§ 683. Use of trust as an exchange fund

Statutory text

(a)

General rule

Except 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 funds

Subsection (a) shall not apply to any transfer to a pooled income fund (within the meaning of section 642(c)(5)).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 16, 1954, ch. 736, 68A Stat. 235 · 68A Stat. 235

    Enacted · 26 U.S.C. § 683

    Aug. 16, 1954, ch. 736, 68A Stat. 235

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 235

  2. Pub. L. 94–455 title XXI § 2131(e)(1) · 90 Stat. 1520

    Substituted · 26 U.S.C. § 683

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) In general.— Section 683 (relating to applicability of provisions) is amended to read as follows: “SEC. 683. USE OF TRUST AS AN EXCHANGE FUND. “(a) General Rule.— Except 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 foe Pooled Income Funds.— Subsection (a) shall not apply to any transfer to a pooled income fund (within the meaning of section 642(c)(5)).”

    Effective date note
    Amendment 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.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1976—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 , and ending after the date of the enactment of this title and exceptions thereto.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment of section by Pub. L. 94–455 effective on , 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.

Credits

1954–1976 · 2 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 235
  2. 1976Pub. L. 94–455, title XXI, § 2131(e)(1), , 90 Stat. 1924.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 235; Pub. L. 94–455, title XXI, § 2131(e)(1), , 90 Stat. 1924.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s683