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What is a 1033 Involuntary Conversion Exchange?

Updated: 9/18/2023
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Broskavich

Lvl 1
13y ago

Best Answer

Internal Revenue

Code Section 1033 allows taxpayers

to defer the capital gains associated

with real property that has

been involuntarily converted when

they purchase similar replacement

real property. If you are familiar

with a §1031 Like-Kind Exchange, it

works similarly.

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Related questions

What is a 1033?

The basis of property purchased as the result of an involuntary conversion on which gain is not recognized is the cost of the replacement property less the amount of gain not recognized on the conversion. If qualifying replacement property is received as the result of an involuntary conversion, the replacement property's basis is the same as the basis of the involuntarily converted property decreased by any loss recognized on the conversion and any money received and not spent on qualifying replacement property. The basis is increased by any gain recognized on the conversion and any cost of acquiring the replacement property (Code Sec. 1033 (b) ¶ 29,640, ¶ 29,644).


Why would you not just do a 1031 Like Kind Exchange if your real estate is involuntarily converted?

First of all, a §1031 Like-Kind Exchange only applies to property used in a trade or business or held for investment purposes. Therefore, you cannot take advantage of §1031 if your home is involuntarily converted. Second, the rules under §1033 are much more flexible than the rules under §1031. For example, the sales proceeds in a §1031 Exchange must be held by a Qualified Intermediary such as the ES Group until they are used to purchase the replacement property. However, the property owner can hold their own funds in a §1033 Involuntary Conversion Exchange. Also, when dealing with property that is used in a trade or business, or held for investment purposes, the taxpayer has 3 years to purchase the replacement property instead of the 180 days one would have in a §1031 Like-Kind Exchange.


What is 1033?

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