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What happens with OZ investment transfers between spouses in case of a divorce?

Does that count as an “inclusion” event?


Answers
  • Brad Cohen
    March 04, 2020

    It is an inclusion event.

  • Matthew Rappaport
    March 04, 2020

    It is an inclusion event. Regs. 1.1400Z2(b)-1(c)(3)(ii) governs.

  • Neil Faden
    March 04, 2020

    Yes, such a transfer is an inclusion event, unfortunately.

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