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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