§ 684. Recognition of gain on certain transfers to certain foreign trusts and estates

• (a) Except as provided in regulations, in the case of any transfer of property by a United States person to a foreign estate or trust, for purposes of this subtitle, such transfer shall be treated as a sale or exchange for an amount equal to the fair market value of the property transferred, and the transferor shall recognize as gain the excess of—
  • (1) the fair market value of the property so transferred, over
  • (2) the adjusted basis (for purposes of determining gain) of such property in the hands of the transferor.
• (b) Subsection (a) shall not apply to a transfer to a trust by a United States person to the extent that any person is treated as the owner of such trust under section 671.
• (c) If a trust which is not a foreign trust becomes a foreign trust, such trust shall be treated for purposes of this section as having transferred, immediately before becoming a foreign trust, all of its assets to a foreign trust.