Revenue and Taxation Code section 24952
(a)
If—(1)
A sale of real property gives rise to indebtedness to the seller which is secured by the real property sold, and(2)
The seller of such property reacquires such property in partial or full satisfaction of such indebtedness,(b)
(1)In the case of a reacquisition of real property to which subdivision (a) applies, gain shall result from such reacquisition to the extent that—(A)
The amount of money and the fair market value of other property (other than obligations of the purchaser) received, prior to such reacquisition, with respect to the sale of such property, exceeds(B)
The amount of the gain on the sale of such property included in the measure of tax or returned as income for periods prior to such reacquisition.(2)
The amount of gain determined under paragraph (1) resulting from a reacquisition during any taxable year beginning after December 31, 1964, shall not exceed the amount by which the price at which the real property was sold exceeded its adjusted basis, reduced by the sum of—(A)
The amount of the gain on the sale of such property included in the measure of tax or returned as income for periods prior to the reacquisition of such property, and(B)
The amount of money and the fair market value of other property (other than obligations of the purchaser received with respect to the sale of such property) paid or transferred by the seller in connection with the reacquisition of such property.(3)
Except as provided in this section, the gain determined under this subdivision resulting from a reacquisition to which subdivision (a) applies shall be recognized, notwithstanding any other provision of this part.(c)
If subdivision (a) applies to the reacquisition of any real property, the basis of such property upon such reacquisition shall be the adjusted basis of the indebtedness to the seller secured by such property (determined as of the date of reacquisition), increased by the sum of—(1)
The amount of the gain determined under subdivision (b) resulting from such reacquisition, and(2)
The amount described in subparagraph (B) of paragraph (2) of subdivision (b).(d)
If, prior to a reacquisition of real property to which subdivision (a) applies, the seller has treated indebtedness secured by such property as having become worthless or partially worthless—(1)
Such seller shall be considered as receiving, upon the reacquisition of such property, an amount equal to the amount of such indebtedness treated by him as having become worthless, and(2)
The adjusted basis of such indebtedness shall be increased (as of the date of reacquisition) by an amount equal to the amount so considered as received by such seller.
Source:
Section 24952, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=RTC§ionNum=24952.
(accessed Apr. 24, 2025).