Reg. § 1.1250-4 Holding period.
(a) General In general, for purposes only of determining the applicable percentage (as defined in section (1)(C) and (2)(B)) of section property, the holding period of the property shall be determined under the rules of section and this section and not under the rules of section . If the property is treated as consisting of two or more elements (within the meaning of ), see for application of this section to determination of holding period of each element. Section does not affect the determination of the amount of additional depreciation in respect of section property.
(b) Beginning of holding period
(1) For the purpose of determining the applicable percentage, in the case of property acquired by the taxpayer (other than by means of a transaction referred to in or of this section), the holding period of the property shall begin on the day after the date of its acquisition. See section . Thus, for example, if a taxpayer purchases section property on January 1, 1965, the holding period of the property begins on January 2, 1965. If he sells the property on October 1, 1966, the holding period on the day of the sale is 21 full months, and, accordingly, the applicable percentage is 99 percent. This result would not be changed even if the property initially had been used solely as the taxpayer's residence for a portion of the 21-month period. If, however, the property were sold on September 30, 1966, the holding period would be only 20 full months.
(2) For the purpose of determining the applicable percentage in the case of property constructed, reconstructed, or erected by the taxpayer, the holding period of the property shall begin on the first day of the month during which the property is placed in service. See section . Thus, for example, if a taxpayer constructs section property and places it in service on January 15, 1965, its holding period begins on January 1, 1965. If the taxpayer sells the property on December 31, 1966, its holding period on the day of sale is 24 full months, and, accordingly, the applicable percentage is 96 percent. For purposes of this subparagraph, property is placed in service on the date on which it is first used, whether in a trade or business, in the production of income, or in a personal activity. Thus, for example, a residence constructed by a taxpayer for his personal use is placed in service on the date it is occupied as a residence. For purposes of determining the date property is placed in service, it is immaterial when the period begins for depreciation with respect to the property under any depreciation practice under which depreciation begins in any month other than the month in which the property is placed in service. If one or more units of a single property are placed in service on different dates before the completion of the property, see (relating to treatment of each such unit as an element).
(c) Property with transferred basis Under section , if the basis of property acquired in a transaction described in this subparagraph is determined by reference to its basis in the hands of the transferor, then the holding period of the property in the hands of the transferee shall include the holding period of the property in the hands of the transferor. The transactions described in this subparagraph are:
(1) A gift described in section .
(2) Certain transfers at death to the extent provided in .
(3) Certain tax-free transactions to which section applies. For application of section (d)(3) and (e)(2) to a distribution by a partnership to a partner, see .
(4) A transfer described in (relating to transaction under section 1081(d)(1)(A)).
(5) A transfer at death where the basis of the property in the hands of the transferee is determined under section .
(d) Principal residence acquired in certain transactions The holding period of a principal residence acquired in a transaction to which section and apply includes the holding period of the principal residence disposed of in such transaction. See section . The holding period of a principal residence acquired does not include the period beginning on the day after the date of the disposition and ending on the date of the acquisition.
(e) Application of transferred basis and principal residence rules The determination of holding period under this section shall be made without regard to whether a transaction occurred prior to the effective date of section and without regard to whether there was any gain upon the transaction. Thus, for example, under of this section a donee's holding period for property includes his donor's holding period notwithstanding that the gift occurred on or before December 31, 1963, or that there was no additional depreciation in respect of the property at the time of the gift.
(f) Qualified low-income housing project acquired in certain transactions The holding period of a reinvestment element (and of subelements thereof) of section property (as defined in ) acquired in a transaction to which sections and apply includes the holding period of the corresponding element of the section property disposed of. See section . The holding period of the additional cost element (as defined in ) begins on the date the replacement project is acquired. The holding period of a reinvestment element of section property does not include the period beginning on the day after the date of the disposition and ending
(1) on the date of the acquisition of the replacement housing project, or
(2) on the date the replacement housing project constructed or reconstructed by the taxpayer is placed in service.
(g) Cross reference If the adjusted basis of the property in the hands of the transferee immediately after a transaction to which or of this section applies exceeds its adjusted basis in the hands of the transferor immediately before the transaction, the excess is an addition to capital account under (relating to property with two or more elements).
(h) Effective/applicability date This section applies on and after January 19, 2017. For rules before January 19, 2017, see § as contained in 26 CFR part 1 revised as of April 1, 2016.
[T.D. 7084, 36 FR 281, Jan. 8, 1971, as amended by T.D. 7400, 41 FR 5103, Feb. 4, 1976; T.D. 9811, 82 FR 6241, Jan. 19, 2017]