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Casualty loss for a farm barn

Ekhaterina
Level 3

My client experienced structural failure to his farm barn in 2023 as the result of high winds in a storm.  Insurance paid out FMV of the barn, which was far greater than adjusted basis.  Rather than try to repair or rebuild the barn, the owner paid to have it torn down and the debris removed from the property; then he used the claim proceeds from the wind-damaged barn, to make repairs to a different barn that is used for an entirely different purpose.  The barn that was repaired using the insurance payout was experiencing normal decline due to age, and did not experience wind damage.  I have been looking into the best options for this client's tax return, and have come across a distinction between Sec. 162 and 165 for this purpose.  It appears that Sec. 162 may be preferable for deduction of both the tear-down expenses, and the deterioration repairs expenses, but I have not been able to determine whether I need to file Form 4684, and/or adjust the basis for the farm buildings and recognize gain.  In this case, one of the buildings was completely removed, but the other was returned to a more useful condition using the insurance money.  There is a trust that also has an interest in this farm with part ownership in both barns.  I am assuming that both the individual return and the trust return would use the same methodology and forms for this activity.  If anyone can provide a clear picture regarding exactly what needs to be done in this regard for the tax return, that would be very helpful.  

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taxiowa
Level 9
Level 9

Read the rules on 1033 exchange.  You do not have to fix up old damaged property.  You can build on or replace within 2 years with another property. You have to attach a statement to both the year insurance proceeds is received and year replacement property is built to show that proceeds were used for casualty loss.  Form 4684 is used to report gain or loss.  You are reporting neither as long as replacement property is built within 2 years and entire insurance proceeds are used for replacement.

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taxiowa
Level 9
Level 9

Read the rules on 1033 exchange.  You do not have to fix up old damaged property.  You can build on or replace within 2 years with another property. You have to attach a statement to both the year insurance proceeds is received and year replacement property is built to show that proceeds were used for casualty loss.  Form 4684 is used to report gain or loss.  You are reporting neither as long as replacement property is built within 2 years and entire insurance proceeds are used for replacement.

Ekhaterina
Level 3

Thank you for your response.  I am somewhat familiar with the 1033 exchange, but I am not sure if it can be used since the client has no intention of replacing the wind-damaged barn that has now been fully torn down.  His main goal was to fix up the other barn for an entirely different use.  Since these two barns had/have completely different uses, do they qualify as an appropriate "exchange" set?  Can the repairs to the other barn qualify to fulfill the requirements of a 1033 exchange?  I believe all of the work to restore the other barn to better condition has been completed within 2023, and the related expenses fully paid, within the same year the insurance claim was filed and paid (2023).  If this would actually work for the 1033 exchange, I could probably complete the whole process of this within this same year's tax return.  I will review the instructions for the 1033 exchange, but would also appreciate your thoughts regarding these further questions.  My client would be very happy to not have to pay tax on this insurance payout.  The wind-damaged barn was fully depreciated and had no basis.

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taxiowa
Level 9
Level 9

As long as the other barn is simular and related in use for the same business it would be considered like kind.  This qualifies insurance payment for non-taxable status.

Ekhaterina
Level 3

Awesome!  Thank you so much, TaxIowa!

Ekhaterina

 

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