Section 133 "Involuntary" Exchange
§1033 Exchange - Involuntary Exchange
A §1033 exchange refers to a tax-deferral strategy under §1033 of the Internal Revenue Code, which applies when property is involuntarily converted—typically due to events like:
- Eminent domain (government seizure or condemnation)
- Natural disasters (fires, floods, etc.)
- Theft or destruction
Key Points
- Purpose: Allows you to defer capital gains taxes if you reinvest the proceeds from the loss or condemnation into similar (like-kind) property.'
- Timing: Generally, you have 2 years from the end of the tax year in which the gain is realized to reinvest (3 years in some government condemnation cases).
- Replacement Property: Must be similar or related in service or use to the property lost.
- No Intermediary Needed: Unlike a §1031 exchange, a §1033 does not require a Qualified Intermediary, and you can receive the proceeds directly.
Example:
If a property you own is taken by the government through eminent domain and you receive $1 million, you can defer capital gains taxes if you reinvest that money into qualifying replacement property within the allowed time frame.
A 1033 Exchange is a very complex exchange that requires several additional steps. Please contact us immediately to discuss the unique specifics of a 1033 Exchange.
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