Discussion:1033 Involuntary Conversions

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Discussion Forum Index --> Advanced Tax Questions --> 1033 Involuntary Conversions
Discussion Forum Index --> Tax Questions --> 1033 Involuntary Conversions

ClA (talk|edits) said:

2 April 2008
Rental property burned down by fire. Insurance paid for damages. He later sold property at a gain.

Involuntary conversion rules states he needs to buy a "like kind" replacement property to not recognize a gain.

Question is, does he have to put ALL the cash from this transaction into the new replacement property? Or can he not use the cash and get a mortgage instead?

Rule says the cost basis has to be higher than the old one.......Can't find anything on the use of funds.

Thanks. Not very experienced with Involuntary Conversions.

Taxwizard (talk|edits) said:

4 April 2008
The like-kind standard applies to condemnations -- not fires. For a fire, you would need to apply the similar or related in service or use test. Borrowed money can be used to make the replacement.

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