- 14 - Realized gain can be deferred under section 1033 if (1) nonrecognition treatment is elected, (2) qualified replacement property is purchased within time limits specified, and (3) the cost of the qualified replacement property equals or exceeds the amount realized on the conversion. Sec. 1033(a)(2)(A). The regulations provide that section 1033 deferral is "deemed" to be elected to the extent that a realized gain from an involuntary conversion is not included in the return for the taxable year or years in which any of such gain is realized. Sec. 1.1033(a)- 2(c)(2), Income Tax Regs. If the property condemned is "real property (not including stock in trade or other property held primarily for sale) held for productive use in a trade or business", then replacement property will qualify for nonrecognition if it is either of "like kind" or "similar or related in service or use" to the property converted. Sec. 1033(g)(1); cf. sec. 1033(a)(2)(A) (property not described in sec. 1033(g)(1) may only be replaced with property that is "similar or related in service or use"). Furthermore, if the condemned property falls under the section 1033(g) rules, the replacement period is extended from 2 years to 3 years. Sec. 1033(g)(4); cf. sec. 1033(a)(2)(B)(i). Finally, if the taxpayer purchases replacement property for an amount less than the amount realized on the conversion, gain must be recognized on this excess amount pro tanto. Sec. 1033(a)(2)(A).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011