US Code

Public Law 119-73 (01/23/2026)

26 U.S.C. § 705

Determination of basis of partner’s interest

(a)

General rule

The adjusted basis of a partner’s interest in a partnership shall, except as provided in subsection (b), be the basis of such interest determined under section 722 (relating to contributions to a partnership) or section 742 (relating to transfers of partnership interests)—
(1)
increased by the sum of his distributive share for the taxable year and prior taxable years of—
(A)
taxable income of the partnership as determined under section 703(a),
(B)
income of the partnership exempt from tax under this title, and
(C)
the excess of the deductions for depletion over the basis of the property subject to depletion;
(2)
decreased (but not below zero) by distributions by the partnership as provided in section 733 and by the sum of his distributive share for the taxable year and prior taxable years of—
(A)
losses of the partnership, and
(B)
expenditures of the partnership not deductible in computing its taxable income and not properly chargeable to capital account; and
(3)
decreased (but not below zero) by the amount of the partner’s deduction for depletion for any partnership oil and gas property to the extent such deduction does not exceed the proportionate share of the adjusted basis of such property allocated to such partner under section 613A(c)(7)(D).
(b)

Alternative rule

The Secretary shall prescribe by regulations the circumstances under which the adjusted basis of a partner’s interest in a partnership may be determined by reference to his proportionate share of the adjusted basis of partnership property upon a termination of the partnership.

Aug. 16, 1954, ch. 73668A Stat. 242Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 98–369, div. A, title VII, § 722(e)(1)98 Stat. 974(, ; , title XXI, § 2115(c)(3), , , 1909; , , .)

Editorial Notes

Amendments

Pub. L. 98–3691984—Subsec. (a)(3). substituted “for any partnership oil and gas property to the extent such deduction does not exceed the proportionate share of the adjusted basis of such property allocated to such partner under section 613A(c)(7)(D)” for “under section 611 with respect to oil and gas wells”.

Pub. L. 94–455, § 2115(c)(3)1976—Subsec. (a)(3). , added par. (3).

Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (b). , struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title VII, § 722(e)(3)(A)98 Stat. 974

“The amendment made by paragraph (1) [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1976 Amendment

section 2115(c)(3) of Pub. L. 94–455section 2115(f) of Pub. L. 94–455section 613A of this titleAmendment by effective on , and applicable to taxable years ending after , see , set out as a note under .