I have a client that is facing eminent domain for their land to run a natural gas pipeline on their property. What is the tax issue on that? They may be receiving more then they paid for their land.
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Tax Professional Answers
John Stancil
This is eminent domain and is treated as an involuntary conversion. They have two years to purchase replacement property and defer tax on any gain. Also, if only a part of the property is taken and the property is their principal residence, they can exclude the gain under Sec 121 if the rest of the property is sold within two years. If they do not purchase replacement property, and the whole property was not taken, you have to allocate basis to it to determine the gain. If the entire property was taken the excess over basis is gain. If a portion of the property was taken and the sale is reportable, basis must be allocated between the taken and remaining property.
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512 weeks ago