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.
Casualty
Condemnation
Destruction
Earthquake
Eminent Domain
Fire
Hurricane
Seizure
Theft
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
Involuntary Sale
No requirement for accomodator
2-2 year replacement period
Additional debt can offset equity
Voluntary Sale
Requires acommodator / QI
45 day indemnification period and 180-day comlpetion replacement period
Additional debt cannot offset equity
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.
Expert 1031 Exchange Guidance