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Online Tax Filing

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Online Tax Filing

Online tax filing 1. Online tax filing   Gain or Loss Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: Sales and ExchangesGain or Loss From Sales and Exchanges Abandonments Foreclosures and RepossessionsAmount realized on a nonrecourse debt. Online tax filing Amount realized on a recourse debt. Online tax filing Involuntary ConversionsCondemnations Nontaxable ExchangesLike-Kind Exchanges Other Nontaxable Exchanges Transfers to Spouse Rollover of Gain From Publicly Traded Securities Gains on Sales of Qualified Small Business Stock Exclusion of Gain From Sale of DC Zone Assets Topics - This chapter discusses: Sales and exchanges Abandonments Foreclosures and repossessions Involuntary conversions Nontaxable exchanges Transfers to spouse Rollovers and exclusions for certain capital gains Useful Items - You may want to see: Publication 523 Selling Your Home 537 Installment Sales 547 Casualties, Disasters, and Thefts 550 Investment Income and Expenses 551 Basis of Assets 908 Bankruptcy Tax Guide 4681 Canceled Debts, Foreclosures, Repossessions, and Abandonments Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 1040 U. Online tax filing S. Online tax filing Individual Income Tax Return 1040X Amended U. Online tax filing S. Online tax filing Individual Income Tax Return 1099-A Acquisition or Abandonment of Secured Property 1099-C Cancellation of Debt 4797 Sales of Business Property 8824 Like-Kind Exchanges 8949 Sales and Other Dispositions of Capital Assets Although the discussions in this chapter may at times refer mainly to individuals, many of the rules discussed also apply to taxpayers other than individuals. Online tax filing However, the rules for property held for personal use usually will not apply to taxpayers other than individuals. Online tax filing See chapter 5 for information about getting publications and forms. Online tax filing Sales and Exchanges A sale is a transfer of property for money or a mortgage, note, or other promise to pay money. Online tax filing An exchange is a transfer of property for other property or services. Online tax filing The following discussions describe the kinds of transactions that are treated as sales or exchanges and explain how to figure gain or loss. Online tax filing Sale or lease. Online tax filing    Some agreements that seem to be leases may really be conditional sales contracts. Online tax filing The intention of the parties to the agreement can help you distinguish between a sale and a lease. Online tax filing   There is no test or group of tests to prove what the parties intended when they made the agreement. Online tax filing You should consider each agreement based on its own facts and circumstances. Online tax filing For more information, see chapter 3 in Publication 535, Business Expenses. Online tax filing Cancellation of a lease. Online tax filing    Payments received by a tenant for the cancellation of a lease are treated as an amount realized from the sale of property. Online tax filing Payments received by a landlord (lessor) for the cancellation of a lease are essentially a substitute for rental payments and are taxed as ordinary income in the year in which they are received. Online tax filing Copyright. Online tax filing    Payments you receive for granting the exclusive use of (or right to exploit) a copyright throughout its life in a particular medium are treated as received from the sale of property. Online tax filing It does not matter if the payments are a fixed amount or a percentage of receipts from the sale, performance, exhibition, or publication of the copyrighted work, or an amount based on the number of copies sold, performances given, or exhibitions made. Online tax filing Nor does it matter if the payments are made over the same period as that covering the grantee's use of the copyrighted work. Online tax filing   If the copyright was used in your trade or business and you held it longer than a year, the gain or loss may be a section 1231 gain or loss. Online tax filing For more information, see Section 1231 Gains and Losses in chapter 3. Online tax filing Easement. Online tax filing   The amount received for granting an easement is subtracted from the basis of the property. Online tax filing If only a specific part of the entire tract of property is affected by the easement, only the basis of that part is reduced by the amount received. Online tax filing If it is impossible or impractical to separate the basis of the part of the property on which the easement is granted, the basis of the whole property is reduced by the amount received. Online tax filing   Any amount received that is more than the basis to be reduced is a taxable gain. Online tax filing The transaction is reported as a sale of property. Online tax filing   If you transfer a perpetual easement for consideration and do not keep any beneficial interest in the part of the property affected by the easement, the transaction will be treated as a sale of property. Online tax filing However, if you make a qualified conservation contribution of a restriction or easement granted in perpetuity, it is treated as a charitable contribution and not a sale or exchange, even though you keep a beneficial interest in the property affected by the easement. Online tax filing   If you grant an easement on your property (for example, a right-of-way over it) under condemnation or threat of condemnation, you are considered to have made a forced sale, even though you keep the legal title. Online tax filing Although you figure gain or loss on the easement in the same way as a sale of property, the gain or loss is treated as a gain or loss from a condemnation. Online tax filing See Gain or Loss From Condemnations, later. Online tax filing Property transferred to satisfy debt. Online tax filing   A transfer of property to satisfy a debt is an exchange. Online tax filing Note's maturity date extended. Online tax filing   The extension of a note's maturity date is not treated as an exchange of an outstanding note for a new and different note. Online tax filing Also, it is not considered a closed and completed transaction that would result in a gain or loss. Online tax filing However, an extension will be treated as a taxable exchange of the outstanding note for a new and materially different note if the changes in the terms of the note are significant. Online tax filing Each case must be determined by its own facts. Online tax filing For more information, see Regulations section 1. Online tax filing 1001-3. Online tax filing Transfer on death. Online tax filing   The transfer of property of a decedent to an executor or administrator of the estate, or to the heirs or beneficiaries, is not a sale or exchange or other disposition. Online tax filing No taxable gain or deductible loss results from the transfer. Online tax filing Bankruptcy. Online tax filing   Generally, a transfer (other than by sale or exchange) of property from a debtor to a bankruptcy estate is not treated as a disposition. Online tax filing Consequently, the transfer generally does not result in gain or loss. Online tax filing For more information, see Publication 908, Bankruptcy Tax Guide. Online tax filing Gain or Loss From Sales and Exchanges You usually realize gain or loss when property is sold or exchanged. Online tax filing A gain is the amount you realize from a sale or exchange of property that is more than its adjusted basis. Online tax filing A loss is the adjusted basis of the property that is more than the amount you realize. Online tax filing   Table 1-1. Online tax filing How To Figure Whether You Have a Gain or Loss IF your. Online tax filing . Online tax filing . Online tax filing THEN you have a. Online tax filing . Online tax filing . Online tax filing Adjusted basis is more than the amount realized, Loss. Online tax filing Amount realized is more than the adjusted basis, Gain. Online tax filing Basis. Online tax filing   You must know the basis of your property to determine whether you have a gain or loss from its sale or other disposition. Online tax filing The basis of property you buy is usually its cost. Online tax filing However, if you acquired the property by gift, inheritance, or in some way other than buying it, you must use a basis other than its cost. Online tax filing See Basis Other Than Cost in Publication 551, Basis of Assets. Online tax filing Special rules apply to property acquired from a decedent who died in 2010 and the executor made the election to file Form 8939, Allocation of Increase in Basis for Property Received From a Decedent. Online tax filing See Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, for details. Online tax filing Adjusted basis. Online tax filing   The adjusted basis of property is your original cost or other basis plus (increased by) certain additions and minus (decreased by) certain deductions. Online tax filing Increases include costs of any improvements having a useful life of more than 1 year. Online tax filing Decreases include depreciation and casualty losses. Online tax filing For more details and additional examples, see Adjusted Basis in Publication 551. Online tax filing Amount realized. Online tax filing   The amount you realize from a sale or exchange is the total of all money you receive plus the fair market value (defined below) of all property or services you receive. Online tax filing The amount you realize also includes any of your liabilities that were assumed by the buyer and any liabilities to which the property you transferred is subject, such as real estate taxes or a mortgage. Online tax filing Fair market value. Online tax filing   Fair market value (FMV) is the price at which the property would change hands between a buyer and a seller when both have reasonable knowledge of all the necessary facts and neither is being forced to buy or sell. Online tax filing If parties with adverse interests place a value on property in an arm's-length transaction, that is strong evidence of FMV. Online tax filing If there is a stated price for services, this price is treated as the FMV unless there is evidence to the contrary. Online tax filing Example. Online tax filing You used a building in your business that cost you $70,000. Online tax filing You made certain permanent improvements at a cost of $20,000 and deducted depreciation totaling $10,000. Online tax filing You sold the building for $100,000 plus property having an FMV of $20,000. Online tax filing The buyer assumed your real estate taxes of $3,000 and a mortgage of $17,000 on the building. Online tax filing The selling expenses were $4,000. Online tax filing Your gain on the sale is figured as follows. Online tax filing Amount realized:     Cash $100,000   FMV of property received 20,000   Real estate taxes assumed by buyer 3,000   Mortgage assumed by  buyer 17,000   Total 140,000   Minus: Selling expenses 4,000 $136,000 Adjusted basis:     Cost of building $70,000   Improvements 20,000   Total $90,000   Minus: Depreciation 10,000   Adjusted basis   $80,000 Gain on sale $56,000 Amount recognized. Online tax filing   Your gain or loss realized from a sale or exchange of property is usually a recognized gain or loss for tax purposes. Online tax filing Recognized gains must be included in gross income. Online tax filing Recognized losses are deductible from gross income. Online tax filing However, your gain or loss realized from certain exchanges of property is not recognized for tax purposes. Online tax filing See Nontaxable Exchanges, later. Online tax filing Also, a loss from the sale or other disposition of property held for personal use is not deductible, except in the case of a casualty or theft. Online tax filing Interest in property. Online tax filing   The amount you realize from the disposition of a life interest in property, an interest in property for a set number of years, or an income interest in a trust is a recognized gain under certain circumstances. Online tax filing If you received the interest as a gift, inheritance, or in a transfer from a spouse or former spouse incident to a divorce, the amount realized is a recognized gain. Online tax filing Your basis in the property is disregarded. Online tax filing This rule does not apply if all interests in the property are disposed of at the same time. Online tax filing Example 1. Online tax filing Your father dies and leaves his farm to you for life with a remainder interest to your younger brother. Online tax filing You decide to sell your life interest in the farm. Online tax filing The entire amount you receive is a recognized gain. Online tax filing Your basis in the farm is disregarded. Online tax filing Example 2. Online tax filing The facts are the same as in Example 1, except that your brother joins you in selling the farm. Online tax filing The entire interest in the property is sold, so your basis in the farm is not disregarded. Online tax filing Your gain or loss is the difference between your share of the sales price and your adjusted basis in the farm. Online tax filing Canceling a sale of real property. Online tax filing   If you sell real property under a sales contract that allows the buyer to return the property for a full refund and the buyer does so, you may not have to recognize gain or loss on the sale. Online tax filing If the buyer returns the property in the year of sale, no gain or loss is recognized. Online tax filing This cancellation of the sale in the same year it occurred places both you and the buyer in the same positions you were in before the sale. Online tax filing If the buyer returns the property in a later tax year, you must recognize gain (or loss, if allowed) in the year of the sale. Online tax filing When the property is returned in a later year, you acquire a new basis in the property. Online tax filing That basis is equal to the amount you pay to the buyer. Online tax filing Bargain Sale If you sell or exchange property for less than fair market value with the intent of making a gift, the transaction is partly a sale or exchange and partly a gift. Online tax filing You have a gain if the amount realized is more than your adjusted basis in the property. Online tax filing However, you do not have a loss if the amount realized is less than the adjusted basis of the property. Online tax filing Bargain sales to charity. Online tax filing   A bargain sale of property to a charitable organization is partly a sale or exchange and partly a charitable contribution. Online tax filing If a charitable deduction for the contribution is allowable, you must allocate your adjusted basis in the property between the part sold and the part contributed based on the fair market value of each. Online tax filing The adjusted basis of the part sold is figured as follows. Online tax filing Adjusted basis of entire property × Amount realized (fair market value of part sold)   Fair market value of entire property   Based on this allocation rule, you will have a gain even if the amount realized is not more than your adjusted basis in the property. Online tax filing This allocation rule does not apply if a charitable contribution deduction is not allowable. Online tax filing   See Publication 526, Charitable Contributions, for information on figuring your charitable contribution. Online tax filing Example. Online tax filing You sold property with a fair market value of $10,000 to a charitable organization for $2,000 and are allowed a deduction for your contribution. Online tax filing Your adjusted basis in the property is $4,000. Online tax filing Your gain on the sale is $1,200, figured as follows. Online tax filing Sales price $2,000 Minus: Adjusted basis of part sold ($4,000 × ($2,000 ÷ $10,000)) 800 Gain on the sale $1,200 Property Used Partly for Business or Rental Generally, if you sell or exchange property you used partly for business or rental purposes and partly for personal purposes, you must figure the gain or loss on the sale or exchange as though you had sold two separate pieces of property. Online tax filing You must subtract depreciation you took or could have taken from the basis of the business or rental part. Online tax filing However, see the special rule below for a home used partly for business or rental. Online tax filing You must allocate the selling price, selling expenses, and the basis of the property between the business or rental part and the personal part. Online tax filing Gain or loss on the business or rental part of the property may be a capital gain or loss or an ordinary gain or loss, as discussed in chapter 3 under Section 1231 Gains and Losses. Online tax filing Any gain on the personal part of the property is a capital gain. Online tax filing You cannot deduct a loss on the personal part. Online tax filing Home used partly for business or rental. Online tax filing    If you use property partly as a home and partly for business or to produce rental income, the computation and treatment of any gain on the sale depends partly on whether the business or rental part of the property is part of your home or separate from it. Online tax filing See Property Used Partly for Business or Rental, in Publication 523. Online tax filing Property Changed to Business or Rental Use You cannot deduct a loss on the sale of property you purchased or constructed for use as your home and used as your home until the time of sale. Online tax filing You can deduct a loss on the sale of property you acquired for use as your home but changed to business or rental property and used as business or rental property at the time of sale. Online tax filing However, if the adjusted basis of the property at the time of the change was more than its fair market value, the loss you can deduct is limited. Online tax filing Figure the loss you can deduct as follows. Online tax filing Use the lesser of the property's adjusted basis or fair market value at the time of the change. Online tax filing Add to (1) the cost of any improvements and other increases to basis since the change. Online tax filing Subtract from (2) depreciation and any other decreases to basis since the change. Online tax filing Subtract the amount you realized on the sale from the result in (3). Online tax filing If the amount you realized is more than the result in (3), treat this result as zero. Online tax filing The result in (4) is the loss you can deduct. Online tax filing Example. Online tax filing You changed your main home to rental property 5 years ago. Online tax filing At the time of the change, the adjusted basis of your home was $75,000 and the fair market value was $70,000. Online tax filing This year, you sold the property for $55,000. Online tax filing You made no improvements to the property but you have depreciation expense of $12,620 over the 5 prior years. Online tax filing Although your loss on the sale is $7,380 [($75,000 − $12,620) − $55,000], the amount you can deduct as a loss is limited to $2,380, figured as follows. Online tax filing Lesser of adjusted basis or fair market value at time of the change $70,000 Plus: Cost of any improvements and any other additions to basis after the change -0-   70,000 Minus: Depreciation and any other decreases to basis after the change 12,620   57,380 Minus: Amount you realized from the sale 55,000 Deductible loss $2,380 Gain. Online tax filing   If you have a gain on the sale, you generally must recognize the full amount of the gain. Online tax filing You figure the gain by subtracting your adjusted basis from your amount realized, as described earlier. Online tax filing   You may be able to exclude all or part of the gain if you owned and lived in the property as your main home for at least 2 years during the 5-year period ending on the date of sale. Online tax filing However, you may not be able to exclude the part of the gain allocated to any period of nonqualified use. Online tax filing   For more information, see Business Use or Rental of Home in Publication 523. Online tax filing In addition, special rules apply if the home sold was acquired in a like-kind exchange. Online tax filing See Special Situations in Publication 523. Online tax filing Also see Like-Kind Exchanges, later. Online tax filing Abandonments The abandonment of property is a disposition of property. Online tax filing You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership but without passing it on to anyone else. Online tax filing Generally, abandonment is not treated as a sale or exchange of the property. Online tax filing If the amount you realize (if any) is more than your adjusted basis, then you have a gain. Online tax filing If your adjusted basis is more than the amount you realize (if any), then you have a loss. Online tax filing Loss from abandonment of business or investment property is deductible as a loss. Online tax filing A loss from an abandonment of business or investment property that is not treated as a sale or exchange generally is an ordinary loss. Online tax filing This rule also applies to leasehold improvements the lessor made for the lessee that were abandoned. Online tax filing If the property is foreclosed on or repossessed in lieu of abandonment, gain or loss is figured as discussed later under Foreclosure and Repossessions. Online tax filing The abandonment loss is deducted in the tax year in which the loss is sustained. Online tax filing If the abandoned property is secured by debt, special rules apply. Online tax filing The tax consequences of abandonment of property that is secured by debt depend on whether you are personally liable for the debt (recourse debt) or you are not personally liable for the debt (nonrecourse debt). Online tax filing For more information, including examples, see chapter 3 of Publication 4681. Online tax filing You cannot deduct any loss from abandonment of your home or other property held for personal use only. Online tax filing Cancellation of debt. Online tax filing   If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you may realize ordinary income equal to the canceled debt. Online tax filing This income is separate from any loss realized from abandonment of the property. Online tax filing   You must report this income on your tax return unless one of the following applies. Online tax filing The cancellation is intended as a gift. Online tax filing The debt is qualified farm debt. Online tax filing The debt is qualified real property business debt. Online tax filing You are insolvent or bankrupt. Online tax filing The debt is qualified principal residence indebtedness. Online tax filing File Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment), to report the income exclusion. Online tax filing For more information, including other exceptions and exclusion, see Publication 4681. Online tax filing Forms 1099-A and 1099-C. Online tax filing   If you abandon property that secures a loan and the lender knows the property has been abandoned, the lender should send you Form 1099-A showing information you need to figure your loss from the abandonment. Online tax filing However, if your debt is canceled and the lender must file Form 1099-C, the lender may include the information about the abandonment on that form instead of on Form 1099-A, and send you Form 1099-C only. Online tax filing The lender must file Form 1099-C and send you a copy if the amount of debt canceled is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. Online tax filing For abandonments of property and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. Online tax filing Foreclosures and Repossessions If you do not make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. Online tax filing The foreclosure or repossession is treated as a sale or exchange from which you may realize gain or loss. Online tax filing This is true even if you voluntarily return the property to the lender. Online tax filing You also may realize ordinary income from cancellation of debt if the loan balance is more than the fair market value of the property. Online tax filing Buyer's (borrower's) gain or loss. Online tax filing   You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale or exchange. Online tax filing The gain or loss is the difference between your adjusted basis in the transferred property and the amount realized. Online tax filing See Gain or Loss From Sales and Exchanges, earlier. Online tax filing You can use Table 1-2 to figure your gain or loss from a foreclosure or repossession. Online tax filing Amount realized on a nonrecourse debt. Online tax filing   If you are not personally liable for repaying the debt (nonrecourse debt) secured by the transferred property, the amount you realize includes the full debt canceled by the transfer. Online tax filing The full canceled debt is included even if the fair market value of the property is less than the canceled debt. Online tax filing Example 1. Online tax filing Chris bought a new car for $15,000. Online tax filing He paid $2,000 down and borrowed the remaining $13,000 from the dealer's credit company. Online tax filing Chris is not personally liable for the loan (nonrecourse debt), but pledges the new car as security. Online tax filing The credit company repossessed the car because he stopped making loan payments. Online tax filing The balance due after taking into account the payments Chris made was $10,000. Online tax filing The fair market value of the car when repossessed was $9,000. Online tax filing The amount Chris realized on the repossession is $10,000. Online tax filing That is the outstanding amount of the debt canceled by the repossession, even though the car's fair market value is less than $10,000. Online tax filing Chris figures his gain or loss on the repossession by comparing the amount realized ($10,000) with his adjusted basis ($15,000). Online tax filing He has a $5,000 nondeductible loss. Online tax filing Example 2. Online tax filing Abena paid $200,000 for her home. Online tax filing She paid $15,000 down and borrowed the remaining $185,000 from a bank. Online tax filing Abena is not personally liable for the loan (nonrecourse debt), but pledges the house as security. Online tax filing The bank foreclosed on the loan because Abena stopped making payments. Online tax filing When the bank foreclosed on the loan, the balance due was $180,000, the fair market value of the house was $170,000, and Abena's adjusted basis was $175,000 due to a casualty loss she had deducted. Online tax filing The amount Abena realized on the foreclosure is $180,000, the balance due and debt canceled by the foreclosure. Online tax filing She figures her gain or loss by comparing the amount realized ($180,000) with her adjusted basis ($175,000). Online tax filing She has a $5,000 realized gain. Online tax filing Amount realized on a recourse debt. Online tax filing   If you are personally liable for the debt (recourse debt), the amount realized on the foreclosure or repossession includes the lesser of: The outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, or The fair market value of the transferred property. Online tax filing You are treated as receiving ordinary income from the canceled debt for the part of the debt that is more than the fair market value. Online tax filing The amount realized does not include the canceled debt that is your income from cancellation of debt. Online tax filing See Cancellation of debt, below. Online tax filing Seller's (lender's) gain or loss on repossession. Online tax filing   If you finance a buyer's purchase of property and later acquire an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. Online tax filing For more information, see Repossession in Publication 537. Online tax filing    Table 1-2. Online tax filing Worksheet for Foreclosures and Repossessions Part 1. Online tax filing Use Part 1 to figure your ordinary income from the cancellation of debt upon foreclosure or repossession. Online tax filing Complete this part only  if you were personally liable for the debt. Online tax filing Otherwise,  go to Part 2. Online tax filing   1. Online tax filing Enter the amount of outstanding debt immediately before the transfer of   property reduced by any amount for which you remain personally liable after   the transfer of property   2. Online tax filing Enter the fair market value of the transferred property   3. Online tax filing Ordinary income from cancellation of debt upon foreclosure or    repossession. Online tax filing * Subtract line 2 from line 1. Online tax filing   If less than zero, enter zero   Part 2. Online tax filing Figure your gain or loss from foreclosure or repossession. Online tax filing   4. Online tax filing If you completed Part 1, enter the smaller of line 1 or line 2. Online tax filing   If you did not complete Part 1, enter the outstanding debt immediately before   the transfer of property   5. Online tax filing Enter any proceeds you received from the foreclosure sale   6. Online tax filing Add lines 4 and 5   7. Online tax filing Enter the adjusted basis of the transferred property   8. Online tax filing Gain or loss from foreclosure or repossession. Online tax filing Subtract line 7  from line 6   * The income may not be taxable. Online tax filing See Cancellation of debt. Online tax filing Cancellation of debt. Online tax filing   If property that is repossessed or foreclosed on secures a debt for which you are personally liable (recourse debt), you generally must report as ordinary income the amount by which the canceled debt is more than the fair market value of the property. Online tax filing This income is separate from any gain or loss realized from the foreclosure or repossession. Online tax filing Report the income from cancellation of a debt related to a business or rental activity as business or rental income. Online tax filing    You can use Table 1-2 to figure your income from cancellation of debt. Online tax filing   You must report this income on your tax return unless one of the following applies. Online tax filing The cancellation is intended as a gift. Online tax filing The debt is qualified farm debt. Online tax filing The debt is qualified real property business debt. Online tax filing You are insolvent or bankrupt. Online tax filing The debt is qualified principal residence indebtedness. Online tax filing File Form 982 to report the income exclusion. Online tax filing Example 1. Online tax filing Assume the same facts as in Example 1 under Amount realized on a nonrecourse debt, earlier, except Chris is personally liable for the car loan (recourse debt). Online tax filing In this case, the amount he realizes is $9,000. Online tax filing This is the lesser of the canceled debt ($10,000) or the car's fair market value ($9,000). Online tax filing Chris figures his gain or loss on the repossession by comparing the amount realized ($9,000) with his adjusted basis ($15,000). Online tax filing He has a $6,000 nondeductible loss. Online tax filing He also is treated as receiving ordinary income from cancellation of debt. Online tax filing That income is $1,000 ($10,000 − $9,000). Online tax filing This is the part of the canceled debt not included in the amount realized. Online tax filing Example 2. Online tax filing Assume the same facts as in Example 2 under Amount realized on a nonrecourse debt, earlier, except Abena is personally liable for the loan (recourse debt). Online tax filing In this case, the amount she realizes is $170,000. Online tax filing This is the lesser of the canceled debt ($180,000) or the fair market value of the house ($170,000). Online tax filing Abena figures her gain or loss on the foreclosure by comparing the amount realized ($170,000) with her adjusted basis ($175,000). Online tax filing She has a $5,000 nondeductible loss. Online tax filing She also is treated as receiving ordinary income from cancellation of debt. Online tax filing (The debt is not exempt from tax as discussed under Cancellation of debt, above. Online tax filing ) That income is $10,000 ($180,000 − $170,000). Online tax filing This is the part of the canceled debt not included in the amount realized. Online tax filing Forms 1099-A and 1099-C. Online tax filing   A lender who acquires an interest in your property in a foreclosure or repossession should send you Form 1099-A showing the information you need to figure your gain or loss. Online tax filing However, if the lender also cancels part of your debt and must file Form 1099-C, the lender may include the information about the foreclosure or repossession on that form instead of on Form 1099-A and send you Form 1099-C only. Online tax filing The lender must file Form 1099-C and send you a copy if the amount of debt canceled is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. Online tax filing For foreclosures or repossessions occurring in 2013, these forms should be sent to you by January 31, 2014. Online tax filing Involuntary Conversions An involuntary conversion occurs when your property is destroyed, stolen, condemned, or disposed of under the threat of condemnation and you receive other property or money in payment, such as insurance or a condemnation award. Online tax filing Involuntary conversions are also called involuntary exchanges. Online tax filing Gain or loss from an involuntary conversion of your property is usually recognized for tax purposes unless the property is your main home. Online tax filing You report the gain or deduct the loss on your tax return for the year you realize it. Online tax filing You cannot deduct a loss from an involuntary conversion of property you held for personal use unless the loss resulted from a casualty or theft. Online tax filing However, depending on the type of property you receive, you may not have to report a gain on an involuntary conversion. Online tax filing Generally, you do not report the gain if you receive property that is similar or related in service or use to the converted property. Online tax filing Your basis for the new property is the same as your basis for the converted property. Online tax filing This means that the gain is deferred until a taxable sale or exchange occurs. Online tax filing If you receive money or property that is not similar or related in service or use to the involuntarily converted property and you buy qualifying replacement property within a certain period of time, you can elect to postpone reporting the gain on the property purchased. Online tax filing This publication explains the treatment of a gain or loss from a condemnation or disposition under the threat of condemnation. Online tax filing If you have a gain or loss from the destruction or theft of property, see Publication 547. Online tax filing Condemnations A condemnation is the process by which private property is legally taken for public use without the owner's consent. Online tax filing The property may be taken by the federal government, a state government, a political subdivision, or a private organization that has the power to legally take it. Online tax filing The owner receives a condemnation award (money or property) in exchange for the property taken. Online tax filing A condemnation is like a forced sale, the owner being the seller and the condemning authority being the buyer. Online tax filing Example. Online tax filing A local government authorized to acquire land for public parks informed you that it wished to acquire your property. Online tax filing After the local government took action to condemn your property, you went to court to keep it. Online tax filing But, the court decided in favor of the local government, which took your property and paid you an amount fixed by the court. Online tax filing This is a condemnation of private property for public use. Online tax filing Threat of condemnation. Online tax filing   A threat of condemnation exists if a representative of a government body or a public official authorized to acquire property for public use informs you that the government body or official has decided to acquire your property. Online tax filing You must have reasonable grounds to believe that, if you do not sell voluntarily, your property will be condemned. Online tax filing   The sale of your property to someone other than the condemning authority will also qualify as an involuntary conversion, provided you have reasonable grounds to believe that your property will be condemned. Online tax filing If the buyer of this property knows at the time of purchase that it will be condemned and sells it to the condemning authority, this sale also qualifies as an involuntary conversion. Online tax filing Reports of condemnation. Online tax filing   A threat of condemnation exists if you learn of a decision to acquire your property for public use through a report in a newspaper or other news medium, and this report is confirmed by a representative of the government body or public official involved. Online tax filing You must have reasonable grounds to believe that they will take necessary steps to condemn your property if you do not sell voluntarily. Online tax filing If you relied on oral statements made by a government representative or public official, the Internal Revenue Service (IRS) may ask you to get written confirmation of the statements. Online tax filing Example. Online tax filing Your property lies along public utility lines. Online tax filing The utility company has the authority to condemn your property. Online tax filing The company informs you that it intends to acquire your property by negotiation or condemnation. Online tax filing A threat of condemnation exists when you receive the notice. Online tax filing Related property voluntarily sold. Online tax filing   A voluntary sale of your property may be treated as a forced sale that qualifies as an involuntary conversion if the property had a substantial economic relationship to property of yours that was condemned. Online tax filing A substantial economic relationship exists if together the properties were one economic unit. Online tax filing You also must show that the condemned property could not reasonably or adequately be replaced. Online tax filing You can elect to postpone reporting the gain by buying replacement property. Online tax filing See Postponement of Gain, later. Online tax filing Gain or Loss From Condemnations If your property was condemned or disposed of under the threat of condemnation, figure your gain or loss by comparing the adjusted basis of your condemned property with your net condemnation award. Online tax filing If your net condemnation award is more than the adjusted basis of the condemned property, you have a gain. Online tax filing You can postpone reporting gain from a condemnation if you buy replacement property. Online tax filing If only part of your property is condemned, you can treat the cost of restoring the remaining part to its former usefulness as the cost of replacement property. Online tax filing See Postponement of Gain, later. Online tax filing If your net condemnation award is less than your adjusted basis, you have a loss. Online tax filing If your loss is from property you held for personal use, you cannot deduct it. Online tax filing You must report any deductible loss in the tax year it happened. Online tax filing You can use Part 2 of Table 1-3 to figure your gain or loss from a condemnation award. Online tax filing Main home condemned. Online tax filing   If you have a gain because your main home is condemned, you generally can exclude the gain from your income as if you had sold or exchanged your home. Online tax filing You may be able to exclude up to $250,000 of the gain (up to $500,000 if married filing jointly). Online tax filing For information on this exclusion, see Publication 523. Online tax filing If your gain is more than you can exclude but you buy replacement property, you may be able to postpone reporting the rest of the gain. Online tax filing See Postponement of Gain, later. Online tax filing Table 1-3. Online tax filing Worksheet for Condemnations Part 1. Online tax filing Gain from severance damages. Online tax filing  If you did not receive severance damages, skip Part 1 and go to Part 2. Online tax filing   1. Online tax filing Enter gross severance damages received   2. Online tax filing Enter your expenses in getting severance damages   3. Online tax filing Subtract line 2 from line 1. Online tax filing If less than zero, enter -0-   4. Online tax filing Enter any special assessment on remaining property taken out of your award   5. Online tax filing Net severance damages. Online tax filing Subtract line 4 from line 3. Online tax filing If less than zero, enter -0-   6. Online tax filing Enter the adjusted basis of the remaining property   7. Online tax filing Gain from severance damages. Online tax filing Subtract line 6 from line 5. Online tax filing If less than zero, enter -0-   8. Online tax filing Refigured adjusted basis of the remaining property. Online tax filing Subtract line 5 from line 6. Online tax filing If less than zero, enter -0-   Part 2. Online tax filing Gain or loss from condemnation award. Online tax filing   9. Online tax filing Enter the gross condemnation award received   10. Online tax filing Enter your expenses in getting the condemnation award   11. Online tax filing If you completed Part 1, and line 4 is more than line 3, subtract line 3 from line 4. Online tax filing If you did not complete Part 1, but a special assessment was taken out of your award, enter that amount. Online tax filing Otherwise, enter -0-   12. Online tax filing Add lines 10 and 11   13. Online tax filing Net condemnation award. Online tax filing Subtract line 12 from line 9   14. Online tax filing Enter the adjusted basis of the condemned property   15. Online tax filing Gain from condemnation award. Online tax filing If line 14 is more than line 13, enter -0-. Online tax filing Otherwise, subtract line 14 from  line 13 and skip line 16   16. Online tax filing Loss from condemnation award. Online tax filing Subtract line 13 from line 14     (Note: You cannot deduct the amount on line 16 if the condemned property was held for personal use. Online tax filing )   Part 3. Online tax filing Postponed gain from condemnation. Online tax filing  (Complete only if line 7 or line 15 is more than zero and you bought qualifying replacement property or made expenditures to restore the usefulness of your remaining property. Online tax filing )   17. Online tax filing If you completed Part 1, and line 7 is more than zero, enter the amount from line 5. Online tax filing Otherwise, enter -0-   18. Online tax filing If line 15 is more than zero, enter the amount from line 13. Online tax filing Otherwise, enter -0-   19. Online tax filing Add lines 17 and 18. Online tax filing If the condemned property was your main home, subtract from this total the gain you excluded from your income and enter the result   20. Online tax filing Enter the total cost of replacement property and any expenses to restore the usefulness of your remaining property   21. Online tax filing Subtract line 20 from line 19. Online tax filing If less than zero, enter -0-   22. Online tax filing If you completed Part 1, add lines 7 and 15. Online tax filing Otherwise, enter the amount from line 15. Online tax filing If the condemned property was your main home, subtract from this total the gain you excluded from your income and enter the result   23. Online tax filing Recognized gain. Online tax filing Enter the smaller of line 21 or line 22. Online tax filing   24. Online tax filing Postponed gain. Online tax filing Subtract line 23 from line 22. Online tax filing If less than zero, enter -0-   Condemnation award. Online tax filing   A condemnation award is the money you are paid or the value of other property you receive for your condemned property. Online tax filing The award is also the amount you are paid for the sale of your property under threat of condemnation. Online tax filing Payment of your debts. Online tax filing   Amounts taken out of the award to pay your debts are considered paid to you. Online tax filing Amounts the government pays directly to the holder of a mortgage or lien against your property are part of your award, even if the debt attaches to the property and is not your personal liability. Online tax filing Example. Online tax filing The state condemned your property for public use. Online tax filing The award was set at $200,000. Online tax filing The state paid you only $148,000 because it paid $50,000 to your mortgage holder and $2,000 accrued real estate taxes. Online tax filing You are considered to have received the entire $200,000 as a condemnation award. Online tax filing Interest on award. Online tax filing   If the condemning authority pays you interest for its delay in paying your award, it is not part of the condemnation award. Online tax filing You must report the interest separately as ordinary income. Online tax filing Payments to relocate. Online tax filing   Payments you receive to relocate and replace housing because you have been displaced from your home, business, or farm as a result of federal or federally assisted programs are not part of the condemnation award. Online tax filing Do not include them in your income. Online tax filing Replacement housing payments used to buy new property are included in the property's basis as part of your cost. Online tax filing Net condemnation award. Online tax filing   A net condemnation award is the total award you received, or are considered to have received, for the condemned property minus your expenses of obtaining the award. Online tax filing If only a part of your property was condemned, you also must reduce the award by any special assessment levied against the part of the property you retain. Online tax filing This is discussed later under Special assessment taken out of award. Online tax filing Severance damages. Online tax filing    Severance damages are not part of the award paid for the property condemned. Online tax filing They are paid to you if part of your property is condemned and the value of the part you keep is decreased because of the condemnation. Online tax filing   For example, you may receive severance damages if your property is subject to flooding because you sell flowage easement rights (the condemned property) under threat of condemnation. Online tax filing Severance damages also may be given to you if, because part of your property is condemned for a highway, you must replace fences, dig new wells or ditches, or plant trees to restore your remaining property to the same usefulness it had before the condemnation. Online tax filing   The contracting parties should agree on the specific amount of severance damages in writing. Online tax filing If this is not done, all proceeds from the condemning authority are considered awarded for your condemned property. Online tax filing   You cannot make a completely new allocation of the total award after the transaction is completed. Online tax filing However, you can show how much of the award both parties intended for severance damages. Online tax filing The severance damages part of the award is determined from all the facts and circumstances. Online tax filing Example. Online tax filing You sold part of your property to the state under threat of condemnation. Online tax filing The contract you and the condemning authority signed showed only the total purchase price. Online tax filing It did not specify a fixed sum for severance damages. Online tax filing However, at settlement, the condemning authority gave you closing papers showing clearly the part of the purchase price that was for severance damages. Online tax filing You may treat this part as severance damages. Online tax filing Treatment of severance damages. Online tax filing   Your net severance damages are treated as the amount realized from an involuntary conversion of the remaining part of your property. Online tax filing Use them to reduce the basis of the remaining property. Online tax filing If the amount of severance damages is based on damage to a specific part of the property you kept, reduce the basis of only that part by the net severance damages. Online tax filing   If your net severance damages are more than the basis of your retained property, you have a gain. Online tax filing You may be able to postpone reporting the gain. Online tax filing See Postponement of Gain, later. Online tax filing    You can use Part 1 of Table 1-3 to figure any gain from severance damages and to refigure the adjusted basis of the remaining part of your property. Online tax filing Net severance damages. Online tax filing   To figure your net severance damages, you first must reduce your severance damages by your expenses in obtaining the damages. Online tax filing You then reduce them by any special assessment (described later) levied against the remaining part of the property and retained out of the award by the condemning authority. Online tax filing The balance is your net severance damages. Online tax filing Expenses of obtaining a condemnation award and severance damages. Online tax filing   Subtract the expenses of obtaining a condemnation award, such as legal, engineering, and appraisal fees, from the total award. Online tax filing Also, subtract the expenses of obtaining severance damages, which may include similar expenses, from the severance damages paid to you. Online tax filing If you cannot determine which part of your expenses is for each part of the condemnation proceeds, you must make a proportionate allocation. Online tax filing Example. Online tax filing You receive a condemnation award and severance damages. Online tax filing One-fourth of the total was designated as severance damages in your agreement with the condemning authority. Online tax filing You had legal expenses for the entire condemnation proceeding. Online tax filing You cannot determine how much of your legal expenses is for each part of the condemnation proceeds. Online tax filing You must allocate one-fourth of your legal expenses to the severance damages and the other three-fourths to the condemnation award. Online tax filing Special assessment retained out of award. Online tax filing   When only part of your property is condemned, a special assessment levied against the remaining property may be retained by the governing body out of your condemnation award. Online tax filing An assessment may be levied if the remaining part of your property benefited by the improvement resulting from the condemnation. Online tax filing Examples of improvements that may cause a special assessment are widening a street and installing a sewer. Online tax filing   To figure your net condemnation award, you must reduce the amount of the award by the assessment retained out of the award. Online tax filing Example. Online tax filing To widen the street in front of your home, the city condemned a 25-foot deep strip of your land. Online tax filing You were awarded $5,000 for this and spent $300 to get the award. Online tax filing Before paying the award, the city levied a special assessment of $700 for the street improvement against your remaining property. Online tax filing The city then paid you only $4,300. Online tax filing Your net award is $4,000 ($5,000 total award minus $300 expenses in obtaining the award and $700 for the special assessment retained). Online tax filing If the $700 special assessment was not retained out of the award and you were paid $5,000, your net award would be $4,700 ($5,000 − $300). Online tax filing The net award would not change, even if you later paid the assessment from the amount you received. Online tax filing Severance damages received. Online tax filing   If severance damages are included in the condemnation proceeds, the special assessment retained out of the severance damages is first used to reduce the severance damages. Online tax filing Any balance of the special assessment is used to reduce the condemnation award. Online tax filing Example. Online tax filing You were awarded $4,000 for the condemnation of your property and $1,000 for severance damages. Online tax filing You spent $300 to obtain the severance damages. Online tax filing A special assessment of $800 was retained out of the award. Online tax filing The $1,000 severance damages are reduced to zero by first subtracting the $300 expenses and then $700 of the special assessment. Online tax filing Your $4,000 condemnation award is reduced by the $100 balance of the special assessment, leaving a $3,900 net condemnation award. Online tax filing Part business or rental. Online tax filing   If you used part of your condemned property as your home and part as business or rental property, treat each part as a separate property. Online tax filing Figure your gain or loss separately because gain or loss on each part may be treated differently. Online tax filing   Some examples of this type of property are a building in which you live and operate a grocery, and a building in which you live on the first floor and rent out the second floor. Online tax filing Example. Online tax filing You sold your building for $24,000 under threat of condemnation to a public utility company that had the authority to condemn. Online tax filing You rented half the building and lived in the other half. Online tax filing You paid $25,000 for the building and spent an additional $1,000 for a new roof. Online tax filing You claimed allowable depreciation of $4,600 on the rental half. Online tax filing You spent $200 in legal expenses to obtain the condemnation award. Online tax filing Figure your gain or loss as follows. Online tax filing     Resi- dential Part Busi- ness Part 1) Condemnation award received $12,000 $12,000 2) Minus: Legal expenses, $200 100 100 3) Net condemnation award $11,900 $11,900 4) Adjusted basis:       ½ of original cost, $25,000 $12,500 $12,500   Plus: ½ of cost of roof, $1,000 500 500   Total $13,000 $13,000 5) Minus: Depreciation   4,600 6) Adjusted basis, business part   $8,400 7) (Loss) on residential property ($1,100)   8) Gain on business property $3,500 The loss on the residential part of the property is not deductible. Online tax filing Postponement of Gain Do not report the gain on condemned property if you receive only property that is similar or related in service or use to the condemned property. Online tax filing Your basis for the new property is the same as your basis for the old. Online tax filing Money or unlike property received. Online tax filing   You ordinarily must report the gain if you receive money or unlike property. Online tax filing You can elect to postpone reporting the gain if you buy property that is similar or related in service or use to the condemned property within the replacement period, discussed later. Online tax filing You also can elect to postpone reporting the gain if you buy a controlling interest (at least 80%) in a corporation owning property that is similar or related in service or use to the condemned property. Online tax filing See Controlling interest in a corporation, later. Online tax filing   To postpone reporting all the gain, you must buy replacement property costing at least as much as the amount realized for the condemned property. Online tax filing If the cost of the replacement property is less than the amount realized, you must report the gain up to the unspent part of the amount realized. Online tax filing   The basis of the replacement property is its cost, reduced by the postponed gain. Online tax filing Also, if your replacement property is stock in a corporation that owns property similar or related in service or use, the corporation generally will reduce its basis in its assets by the amount by which you reduce your basis in the stock. Online tax filing See Controlling interest in a corporation, later. Online tax filing You can use Part 3 of Table 1-3 to figure the gain you must report and your postponed gain. Online tax filing Postponing gain on severance damages. Online tax filing   If you received severance damages for part of your property because another part was condemned and you buy replacement property, you can elect to postpone reporting gain. Online tax filing See Treatment of severance damages, earlier. Online tax filing You can postpone reporting all your gain if the replacement property costs at least as much as your net severance damages plus your net condemnation award (if resulting in gain). Online tax filing   You also can make this election if you spend the severance damages, together with other money you received for the condemned property (if resulting in gain), to acquire nearby property that will allow you to continue your business. Online tax filing If suitable nearby property is not available and you are forced to sell the remaining property and relocate in order to continue your business, see Postponing gain on the sale of related property, next. Online tax filing   If you restore the remaining property to its former usefulness, you can treat the cost of restoring it as the cost of replacement property. Online tax filing Postponing gain on the sale of related property. Online tax filing   If you sell property that is related to the condemned property and then buy replacement property, you can elect to postpone reporting gain on the sale. Online tax filing You must meet the requirements explained earlier under Related property voluntarily sold. Online tax filing You can postpone reporting all your gain if the replacement property costs at least as much as the amount realized from the sale plus your net condemnation award (if resulting in gain) plus your net severance damages, if any (if resulting in gain). Online tax filing Buying replacement property from a related person. Online tax filing   Certain taxpayers cannot postpone reporting gain from a condemnation if they buy the replacement property from a related person. Online tax filing For information on related persons, see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2. Online tax filing   This rule applies to the following taxpayers. Online tax filing C corporations. Online tax filing Partnerships in which more than 50% of the capital or profits interest is owned by  C corporations. Online tax filing All others (including individuals, partnerships (other than those in (2)), and S corporations) if the total realized gain for the tax year on all involuntarily converted properties on which there is realized gain of more than $100,000. Online tax filing   For taxpayers described in (3) above, gains cannot be offset with any losses when determining whether the total gain is more than $100,000. Online tax filing If the property is owned by a partnership, the $100,000 limit applies to the partnership and each partner. Online tax filing If the property is owned by an S corporation, the $100,000 limit applies to the S corporation and each shareholder. Online tax filing Exception. Online tax filing   This rule does not apply if the related person acquired the property from an unrelated person within the replacement period. Online tax filing Advance payment. Online tax filing   If you pay a contractor in advance to build your replacement property, you have not bought replacement property unless it is finished before the end of the replacement period (discussed later). Online tax filing Replacement property. Online tax filing   To postpone reporting gain, you must buy replacement property for the specific purpose of replacing your condemned property. Online tax filing You do not have to use the actual funds from the condemnation award to acquire the replacement property. Online tax filing Property you acquire by gift or inheritance does not qualify as replacement property. Online tax filing Similar or related in service or use. Online tax filing   Your replacement property must be similar or related in service or use to the property it replaces. Online tax filing   If the condemned property is real property you held for productive use in your trade or business or for investment (other than property held mainly for sale), like-kind property to be held either for productive use in trade or business or for investment will be treated as property similar or related in service or use. Online tax filing For a discussion of like-kind property, see Like-Kind Property under Like-Kind Exchanges, later. Online tax filing Owner-user. Online tax filing   If you are an owner-user, similar or related in service or use means that replacement property must function in the same way as the property it replaces. Online tax filing Example. Online tax filing Your home was condemned and you invested the proceeds from the condemnation in a grocery store. Online tax filing Your replacement property is not similar or related in service or use to the condemned property. Online tax filing To be similar or related in service or use, your replacement property must also be used by you as your home. Online tax filing Owner-investor. Online tax filing   If you are an owner-investor, similar or related in service or use means that any replacement property must have the same relationship of services or uses to you as the property it replaces. Online tax filing You decide this by determining all the following information. Online tax filing Whether the properties are of similar service to you. Online tax filing The nature of the business risks connected with the properties. Online tax filing What the properties demand of you in the way of management, service, and relations to your tenants. Online tax filing Example. Online tax filing You owned land and a building you rented to a manufacturing company. Online tax filing The building was condemned. Online tax filing During the replacement period, you had a new building built on other land you already owned. Online tax filing You rented out the new building for use as a wholesale grocery warehouse. Online tax filing The replacement property is also rental property, so the two properties are considered similar or related in service or use if there is a similarity in all the following areas. Online tax filing Your management activities. Online tax filing The amount and kind of services you provide to your tenants. Online tax filing The nature of your business risks connected with the properties. Online tax filing Leasehold replaced with fee simple property. Online tax filing   Fee simple property you will use in your trade or business or for investment can qualify as replacement property that is similar or related in service or use to a condemned leasehold if you use it in the same business and for the identical purpose as the condemned leasehold. Online tax filing   A fee simple property interest generally is a property interest that entitles the owner to the entire property with unconditional power to dispose of it during his or her lifetime. Online tax filing A leasehold is property held under a lease, usually for a term of years. Online tax filing Outdoor advertising display replaced with real property. Online tax filing   You can elect to treat an outdoor advertising display as real property. Online tax filing If you make this election and you replace the display with real property in which you hold a different kind of interest, your replacement property can qualify as like-kind property. Online tax filing For example, real property bought to replace a destroyed billboard and leased property on which the billboard was located qualify as property of a like-kind. Online tax filing   You can make this election only if you did not claim a section 179 deduction for the display. Online tax filing You cannot cancel this election unless you get the consent of the IRS. Online tax filing   An outdoor advertising display is a sign or device rigidly assembled and permanently attached to the ground, a building, or any other permanent structure used to display a commercial or other advertisement to the public. Online tax filing Substituting replacement property. Online tax filing   Once you designate certain property as replacement property on your tax return, you cannot substitute other qualified property. Online tax filing But, if your previously designated replacement property does not qualify, you can substitute qualified property if you acquire it within the replacement period. Online tax filing Controlling interest in a corporation. Online tax filing   You can replace property by acquiring a controlling interest in a corporation that owns property similar or related in service or use to your condemned property. Online tax filing You have controlling interest if you own stock having at least 80% of the combined voting power of all classes of stock entitled to vote and at least 80% of the total number of shares of all other classes of stock of the corporation. Online tax filing Basis adjustment to corporation's property. Online tax filing   The basis of property held by the corporation at the time you acquired control must be reduced by your postponed gain, if any. Online tax filing You are not required to reduce the adjusted basis of the corporation's properties below your adjusted basis in the corporation's stock (determined after reduction by your postponed gain). Online tax filing   Allocate this reduction to the following classes of property in the order shown below. Online tax filing Property that is similar or related in service or use to the condemned property. Online tax filing Depreciable property not reduced in (1). Online tax filing All other property. Online tax filing If two or more properties fall in the same class, allocate the reduction to each property in proportion to the adjusted basis of all the properties in that class. Online tax filing The reduced basis of any single property cannot be less than zero. Online tax filing Main home replaced. Online tax filing   If your gain from a condemnation of your main home is more than you can exclude from your income (see Main home condemned under Gain or Loss From Condemnations, earlier), you can postpone reporting the rest of the gain by buying replacement property that is similar or related in service or use. Online tax filing The replacement property must cost at least as much as the amount realized from the condemnation minus the excluded gain. Online tax filing   You must reduce the basis of your replacement property by the postponed gain. Online tax filing Also, if you postpone reporting any part of your gain under these rules, you are treated as having owned and used the replacement property as your main home for the period you owned and used the condemned property as your main home. Online tax filing Example. Online tax filing City authorities condemned your home that you had used as a personal residence for 5 years prior to the condemnation. Online tax filing The city paid you a condemnation award of $400,000. Online tax filing Your adjusted basis in the property was $80,000. Online tax filing You realize a gain of $320,000 ($400,000 − $80,000). Online tax filing You purchased a new home for $100,000. Online tax filing You can exclude $250,000 of the realized gain from your gross income. Online tax filing The amount realized is then treated as being $150,000 ($400,000 − $250,000) and the gain realized is $70,000 ($150,000 amount realized − $80,000 adjusted basis). Online tax filing You must recognize $50,000 of the gain ($150,000 amount realized − $100,000 cost of new home). Online tax filing The remaining $20,000 of realized gain is postponed. Online tax filing Your basis in the new home is $80,000 ($100,000 cost − $20,000 gain postponed). Online tax filing Replacement period. Online tax filing   To postpone reporting your gain from a condemnation, you must buy replacement property within a certain period of time. Online tax filing This is the replacement period. Online tax filing   The replacement period for a condemnation begins on the earlier of the following dates. Online tax filing The date on which you disposed of the condemned property. Online tax filing The date on which the threat of condemnation began. Online tax filing   The replacement period generally ends 2 years after the end of the first tax year in which any part of the gain on the condemnation is realized. Online tax filing However, see the exceptions below. Online tax filing Three-year replacement period for certain property. Online tax filing   If real property held for use in a trade or business or for investment (not including property held primarily for sale) is condemned, the replacement period ends 3 years after the end of the first tax year in which any part of the gain on the condemnation is realized. Online tax filing However, this 3-year replacement period cannot be used if you replace the condemned property by acquiring control of a corporation owning property that is similar or related in service or use. Online tax filing Five-year replacement period for certain property. Online tax filing   The replacement period ends 5 years after the end of the first tax year in which any part of the gain is realized on the compulsory or involuntary conversion of the following qualified property. Online tax filing Property in any Midwestern disaster area compulsorily or involuntarily converted on or after the applicable disaster date as a result of severe storms, tornadoes, or flooding, but only if substantially all of the use of the replacement property is in a Midwestern disaster area. Online tax filing Property in the Kansas disaster area compulsorily or involuntarily converted after May 3, 2007, but only if substantially all of the use of the replacement property is in the Kansas disaster area. Online tax filing Property in the Hurricane Katrina disaster area compulsorily or involuntarily converted after August 24, 2005, as a result of Hurricane Katrina, but only if substantially all of the use of the replacement property is in the Hurricane Katrina disaster area. Online tax filing Extended replacement period for taxpayers affected by other federally declared disasters. Online tax filing    If you are affected by a federally declared disaster, the IRS may grant disaster relief by extending the periods to perform certain tax-related acts for 2013, including the replacement period, by up to one year. Online tax filing For more information visit www. Online tax filing irs. Online tax filing gov/uac/Tax-Relief-in-Disaster-Situations. Online tax filing Weather-related sales of livestock in an area eligible for federal assistance. Online tax filing   Generally, if the sale or exchange of livestock is due to drought, flood, or other weather-related conditions in an area eligible for federal assistance, the replacement period ends 4 years after the close of the first tax year in which you realize any part of your gain from the sale or exchange. Online tax filing    If the weather-related conditions continue for longer than 3 years, the replacement period may be extended on a regional basis until the end of your first drought-free year for the applicable region. Online tax filing See Notice 2006-82. Online tax filing You can find Notice 2006-82 on page 529 of Internal Revenue Bulletin 2006-39 at www. Online tax filing irs. Online tax filing gov/irb/2006-39_IRB/ar13. Online tax filing html. Online tax filing    Each year, the IRS publishes a list of counties, districts, cities, or parishes for which exceptional, extreme, or severe drought was reported during the preceding 12 months. Online tax filing If you qualified for a 4-year replacement period for livestock sold or exchanged on account of drought and your replacement period is scheduled to expire at the end of 2013 (or at the end of the tax year that includes August 31, 2013), see Notice 2013-62. Online tax filing You can find Notice 2013-62 on page 466 of Internal Revenue Bulletin 2013-45 at www. Online tax filing irs. Online tax filing gov/irb/2013-45_IRB/ar04. Online tax filing html. Online tax filing The replacement period will be extended under Notice 2006-82 if the applicable region is on the list included in Notice 2013-62. Online tax filing Determining when gain is realized. Online tax filing   If you are a cash basis taxpayer, you realize gain when you receive payments that are more than your basis in the property. Online tax filing If the condemning authority makes deposits with the court, you realize gain when you withdraw (or have the right to withdraw) amounts that are more than your basis. Online tax filing   This applies even if the amounts received are only partial or advance payments and the full award has not yet been determined. Online tax filing A replacement will be too late if you wait for a final determination that does not take place in the applicable replacement period after you first realize gain. Online tax filing   For accrual basis taxpayers, gain (if any) accrues in the earlier year when either of the following occurs. Online tax filing All events have occurred that fix the right to the condemnation award and the amount can be determined with reasonable accuracy. Online tax filing All or part of the award is actually or constructively received. Online tax filing For example, if you have an absolute right to a part of a condemnation award when it is deposited with the court, the amount deposited accrues in the year the deposit is made even though the full amount of the award is still contested. Online tax filing Replacement property bought before the condemnation. Online tax filing   If you buy your replacement property after there is a threat of condemnation but before the actual condemnation and you still hold the replacement property at the time of the condemnation, you have bought your replacement property within the replacement period. Online tax filing Property you acquire before there is a threat of condemnation does not qualify as replacement property acquired within the replacement period. Online tax filing Example. Online tax filing On April 3, 2012, city authorities notified you that your property would be condemned. Online tax filing On June 5, 2012, you acquired property to replace the property to be condemned. Online tax filing You still had the new property when the city took possession of your old property on September 4, 2013. Online tax filing You have made a replacement within the replacement period. Online tax filing Extension. Online tax filing   You can request an extension of the replacement period from the IRS director for your area. Online tax filing You should apply before the end of the replacement period. Online tax filing Your request should explain in detail why you need an extension. Online tax filing The IRS will consider a request filed within a reasonable time after the replacement period if you can show reasonable cause for the delay. Online tax filing An extension of the replacement period will be granted if you can show reasonable cause for not making the replacement within the regular period. Online tax filing   Ordinarily, requests for extensions are granted near the end of the replacement period or the extended replacement period. Online tax filing Extensions are usually limited to a period of 1 year or less. Online tax filing The high market value or scarcity of replacement property is not a sufficient reason for granting an extension. Online tax filing If your replacement property is being built and you clearly show that the replacement or restoration cannot be made within the replacement peri
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Individual Shared Responsibility Provision - Exemptions

 

The individual shared responsibility provision requires you and each member of your family to have basic health insurance coverage (also known as minimum essential coverage), qualify for an exemption, or make an individual shared responsibility payment when you file your federal income tax return.

How you get the exemption depends upon the type of exemption for which you are eligible. You can obtain some exemptions only from the Marketplace in the area where you live, others only from the IRS, and yet others from either the Marketplace or the IRS.

This chart shows the types of exemptions available and whether they must be granted by the Marketplace, claimed on an income tax return filed with the IRS, or either may be granted by the Marketplace or claimed on a tax return. For additional information about how to get exemptions that may be granted by the Marketplace, visit HealthCare.gov/exemptions.

Information will be made available later about how to report health insurance coverage and claim exemptions on your income tax return.

Exemptions May only be granted by Marketplace May be granted by Marketplace or claimed on tax return May only be claimed on tax return
Coverage is considered unaffordable - The amount you would have paid for employer-sponsored coverage or a bronze level health plan (depending on your circumstances) is more than eight percent of your actual household income for the year as computed on your tax return. Also see the second hardship listed below, which provides a prospective exemption granted by the Marketplace if the amount you would have paid for coverage is more than eight percent of your projected household income for the year.    
Short coverage gap - You went without coverage for less than three consecutive months during the year. For more information, see question 22 of our questions and answers.    
Household income below the return filing threshold - Your household income is below the minimum threshold for filing a tax return. Learn more about household income    
Certain noncitizens - You are neither a U.S. citizen, a U.S. national, nor an alien lawfully present in the U.S.    
Members of a health care sharing ministry - You are a member of a health care sharing ministry, which is an organization described in section 501(c)(3) whose members share a common set of ethical or religious beliefs and have shared medical expenses in accordance with those beliefs continuously since at least December 31, 1999.  

 

 

 

 

 

Members of Federally-recognized Indian Tribes - You are a member of a federally-recognized Indian tribe.    
Incarceration - You are in a jail, prison, or similar penal institution or correctional facility after the disposition of charges.    
Members of certain religious sects - You are a member of a religious sect in existence since December 31, 1950, that is recognized by the Social Security Administration (SSA) as conscientiously opposed to accepting any insurance benefits, including Medicare and Social Security.    
Hardships:      
  • Your gross income is below the filing threshold. To find out if you are required to file, use our Interactive Tax Assistant.
   
  • Two or more family members' aggregate cost of self-only employer-sponsored coverage exceeds 8 percent of household income, as does the cost of any available employer-sponsored coverage for the entire family.
   
  • You purchased insurance through the Marketplace during the initial enrollment period but have a coverage gap at the beginning of 2014. See this HHS Question and Answer.
   
  • You are experiencing circumstances that prevent you from obtaining coverage under a qualified health plan. Learn more about the criteria for this exemption.
   
  • You do not have access to affordable coverage based on your projected household income.
   
  • You are ineligible for Medicaid solely because the State does not participate in the Medicaid expansion under the Affordable Care Act.
   
  • You are an American Indian, Alaska Native, or a spouse or descendant who is eligible for services through an Indian health care provider. Learn more.
   
  • You have been notified that your health insurance policy will not be renewed and you consider the other plans available unaffordable. See HHS guidance and HHS Questions and Answers for more information.
   

 

 

Page Last Reviewed or Updated: 24-Mar-2014

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