What is a 1033 Exchange?

Internal Revenue Code Section 1033 governs the tax consequences when a property is compulsorily or involuntarily converted in whole or in part into cash or other property. This is commonly referred to as an “involuntary conversion” since the loss of property is beyond the control of the taxpayer and realize gain because the insurance or condemnation proceeds exceed the owner’s tax basis in the property. Section 1033 does not require a QI. In a Section 1033 Exchange, the taxpayer can receive the sales proceeds and hold them until the replacement property is purchased. If not all the proceeds are used towards acquiring the replacement property, the taxpayer is taxed on the difference. In addition, replacement property cannot be acquired from a related party.

Events that May Qualify for 1033 Exchange:

  • Casualty

  • Condemnation

  • Destruction

  • Earthquake

  • Eminent Domain

  • Fire

  • Hurricane

  • Seizure

  • Theft

Key Comparison of a 1033 Vs. 1031 Exchange

1033 Exchange

1031 Exchange

Involuntary Sale

Voluntary Sale

No requirement for accomodator

Requires accomodator / QI

2-4 year replacement period

45 day indemnification period and 180-day completion replacement period

Additional debt can offset equity

Additional debt cannot offset equity

1033 Exchange

  • Involuntary Sale

  • No requirement for accomodator

  • 2-2 year replacement period

  • Additional debt can offset equity

1031 Exchange

  • Voluntary Sale

  • Requires acommodator / QI

  • 45 day indemnification period and 180-day comlpetion replacement period

  • Additional debt cannot offset equity

Need a risk run-through for your situation?

Chat with an EZ 1031 specialist, call us at [INSERT HYPERLINK TO PHONE #], chat with us [INSERRT LINK TO LIVE CHAT], or ask your CPA—we’re happy to walk you through the details before you take the next step.

This material is for informational purposes only and is not tax, legal, or investment advice. Always consult qualified professionals regarding your specific circumstances.