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Level 4
September 13, 2022

How to record sale of Air Rights

  • September 13, 2022
  • 2 replies
  • 20 views

If  a client sells air rights above their building, is that a capital gain or ordinary income?

If capital gain, is basis zero?

Thanks, Joe

 

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    2 replies

    Intuit Community Champion
    September 13, 2022

    I would think it is an asset, and therefore subject to capital gain/loss. As far as basis it would be what he paid for said air rights, Probable zero basis

    JOEPCPAAuthor
    Level 4
    September 13, 2022

    Thanks much

     

    BobKamman
    Level 15
    September 13, 2022

    On the other hand, most of what he paid for the entire property might be allocated to the air rights.  If you want 27 pages instead of two sentences, check this out:

    chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://scholar.smu.edu/cgi/viewcontent.cgi?article=2329&context=jalc

    JOEPCPAAuthor
    Level 4
    September 21, 2022

    Thank you!