A gain from the condemnation of your main home may be eligible for exclusion from taxable income, just as a gain from a sale. Gains from the condemnation of business or investment property may be postponed for income tax purposes by purchasing replacement property.
Involuntary Conversions
An involuntary conversion, for U.S. income tax purposes, is defined as an event in which your property is destroyed, stolen, condemned, or disposed of under threat of condemnation. Involuntary conversions can result in gains or losses, as is the case with sales or exchanges. The gain or loss in the case of an involuntary conversion is the difference between the money or property received in payment, such as an insurance reimbursement or condemnation award, and the owner’s adjusted basis in the property.
Tax Treatment of Gains or Losses
These gains and losses on involuntary conversions would generally be recognized for income tax purposes, unless the property affected is your main home. The gain or loss would normally be reported on Schedule D of Form 1040, if there is a gain on personal property, or a gain or loss on property held for investment, and on Form 4797 if the property involved is property held in a business. For involuntary conversions resulting from casualties (such as storms or fire) or theft, Form 4684 may need to be filed.
Normally you cannot deduct a loss on the involuntary conversion of personal property, although losses from casualties and thefts may be deductible as an itemized deduction on Schedule A of Form 1040. Depending on the type of property you receive, you may have to report a gain. If the property you receive as a result of the involuntary conversion is similar or related in service and use, you do not have to recognize any gain, and cannot deduct any loss, and the basis of the property you receive will be the same as the basis of the converted property. You are thereby postponing the recognition of any gain on the conversion until you sell or dispose of the replacement property.
If you receive money or other property that is not similar to the converted property, you can avoid the recognition of any gain on the conversion by buying replacement property within a certain period of time.