Property Casualty
Property Casualty

Delay Capital Gains On Investment Property And Rentals: Irc Code Section 1033: Involuntary Conversions
Delay Capital Gains on Investment Property and Rentals: IRC Code Section1033: Involuntary Conversions
Section 1033 of the Internal Revenue Code is a godsend to taxpayers and investors who are struggling with gain from an involuntary conversion. It is a way to defer gain for years, and then re-invest all the gain in similar property, delaying gain indefinitely until the property is sold or disposed of. What is an “involuntary conversion”, you ask? Well, most of the time, involuntary conversions occur when property is destroyed by natural disaster. When hurricane Katrina hit New Orleans, a all the homes and shops that were destroyed were “involuntarily converted”.
For the purposes of IRC Section 1033, these are all “qualifying” events:
- Property that is stolen, seized, or condemned by a government agency. A tax lien sale to pay delinquent taxes does not qualify.
- Property that is destroyed by a natural disaster, fire, theft, or other casualty
Qualified Farmers additionally qualify for Section 1033 in these cases:
- If livestock is sold because of severe drought or disease
- If farmland is sold by the government to meet a Federal guideline sold pursuant to reclamation laws
- If a farmer has an involuntarily conversion because of soil contamination or other environmental contamination, and it is not feasible or practical for the farmer to reinvest in livestock, the farmer may reinvest his insurance proceeds in other property, including real property.
The rules for the deferment of gain under Section 1033 are complex, but here is a brief overview:
A taxpayer may defer all the gain on an involuntary conversion as long as the taxpayer follows some strict guidelines. The taxpayer must invest the full amount of the gain in similar replacement property, and the taxpayer must re-invest the amount within a certain time period. The property must qualify as like-kind property; for example, an apartment complex purchased to replace another apartment complex.
The replacement deadline for personal-use property is two years. For business or investment property, it is either two or three years, depending on the type of involuntary conversion. In a Presidentially Declared Disaster Area, the replacement period is longer for some property. A taxpayer has five years to purchase replacement property if the property was destroyed during the September 11, 2001 terrorist attack upon the United States. If a taxpayer cannot find a suitable replacement property within the time period, he may ask the IRS for an extension.
Such a great tax-saving tool—the legal postponement of gain for years; while still being able to re-invest in a similar property when you have found a suitable replacement. There are a few pitfalls to look out for, though. There are limits for related parties, and if the taxpayer misses the deadline without an extension, they may have to recognize the full amount of the gain.
The rules of Section 1033 are very complex. This article is, therefore, purely informational and not intended to be legal advice. If you have had a casualty loss and you are considering a Section 1033 deferment of income, you should discuss the matters with your accountant, attorney, or other qualified person. Taxpayers should consult their attorneys or tax practicioners in order to avoid errors regarding the replacement period.
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