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Level 2
June 1, 2023
Solved

State purchase of right-of-way easement. First time having one of these. Are they exempt?

  • June 1, 2023
  • 1 reply
  • 24 views

My client's business property is being purchased by the state for an easement.  Not sure how to handle.  They are only take a part of the property for road expansion.

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Best answer by BobKamman

If all they are buying is an easement, they are not taking the property.  Although it might look like it.  You reduce the basis of the property -- maybe the whole parcel, maybe just that part, it depends on the facts and circumstances.  If the payment exceeds the basis, the rest is capital gain.  And keep track of all this in case the property is sold 20 years down the (easement) road.  

1 reply

BobKamman
BobKammanAnswer
Level 15
June 2, 2023

If all they are buying is an easement, they are not taking the property.  Although it might look like it.  You reduce the basis of the property -- maybe the whole parcel, maybe just that part, it depends on the facts and circumstances.  If the payment exceeds the basis, the rest is capital gain.  And keep track of all this in case the property is sold 20 years down the (easement) road.  

Level 2
June 2, 2023

 You sooooooo much.  My search of the IRS website didn't do much for me!!