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Level 2
June 8, 2020
Solved

Emminent Domain

  • June 8, 2020
  • 1 reply
  • 19 views

How and where do I report proceeds from an emminent domain payment, where it was just a small portion of total property.

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Best answer by BobKamman

@TaxGuyBill "doesn't it just reduce the Basis of the entire property?" 

You're thinking of an easement, which doesn't seem to be the case here.  

The state probably would have done an appraisal, which probably would have started with the value of the entire property.  Then it would have allocated that total value to the piece that was taken -- it might have been worth a lot more per square foot, because of the highway frontage, or a lot less, for that or some other reason.  If the state took 5% of the land but said it 10% of the total value, then apply 10% to the cost basis of the entire parcel.  

1 reply

George4Tacks
Level 15
June 9, 2020

Consider it the sale of "small portion of total property."

Answers are easy. Questions are hard!
Level 15
June 10, 2020

@George4Tacks wrote:

Consider it the sale of "small portion of total property."


If I remember correctly, unless you can identify the Basis of that specific piece of property, doesn't it just reduce the Basis of the entire property?  So the current year won't show a gain or loss.

Or am I mixing that up with something else?

George4Tacks
Level 15
June 10, 2020

IRC 1033 may be a possibility but @Short-timer would need to give us a bit more information. 

Answers are easy. Questions are hard!