Reg. § 1.381(c)(8)-1 Installment method.

26 CFR § 1.381(c)(8)-1eCFR, current through 2026-07-14

(a) Carryover requirement

(1) Section provides that if, in a transaction to which section applies, an acquiring corporation acquires installment obligations, the income from which the distributor or transferor corporation has elected under section and the regulations thereunder to report on the installment method, then the acquiring corporation shall be treated as the distributor or transferor corporation would have been treated under section had it not transferred the installment obligations. Thus, if the distributor or transferor corporation had properly elected to return income from the sale or other disposition of property giving rise to the obligations on the installment method, then the acquiring corporation shall be required to return the income from all such installment obligations in the same manner and to the same extent as the distributor or transferor corporation, unless consent of the Commissioner to use another method is obtained in accordance with . Amounts received by the acquiring corporation on or after the date of distribution or transfer with respect to an installment sale made by the distributor or transferor corporation will not be taken into account in applying the limitation under section with respect to the amount of payments received in the year of sale or other disposition.

(2) Section and this section have no application to sales or other dispositions of property made by the acquiring corporation on or after the date of distribution or transfer. For provisions defining the date of distribution or transfer, see . See section and the regulations thereunder for rules relating to the proper method or combination of methods of accounting to be used by the acquiring corporation.

(b) Basis of obligations The basis in the hands of an acquiring corporation of installment obligations described in section and of this section shall be the same as in the hands of the distributor or transferor corporation.

(c) Repossession of property sold in prior years If the acquiring corporation repossesses property, previously sold by the distributor or transferor corporation, by reason of default by the purchaser in payment of the acquired installment obligations, then the acquiring corporation shall be treated as though it were the vendor corporation for purposes of determining, under section and the regulations thereunder, the gain, loss, income, or deduction with respect to the property repossessed.

[T.D. 6559, 26 FR 2983, Apr. 7, 1961]