All questions
Question 1
Grantham Corp's factory was condemned by the state. Grantham received a condemnation award of $500,000. The factory's adjusted basis was $320,000. Grantham reinvested $480,000 in a replacement factory within the required period and elects Section 1033. How much gain must Grantham recognize?
- $0
- $160,000
- $40,000
- $20,000 (correct answer)
Explanation: Realized gain = $500,000 - $320,000 = $180,000. Under Section 1033, gain is recognized to the extent proceeds exceed the cost of qualifying replacement property: $500,000 - $480,000 = 20,000.Recognizedgainisthelesserofrealizedgain(180,000) or unspent proceeds ($20,000) = 20,000.AnswerA(0) would require reinvesting the full 500,000.AnswerB(160,000) is the difference between replacement cost and original basis, not the Section 1033 formula. Answer C ($40,000) doubles the correct figure without basis in the computation. Question 2
Tessa's personal residence was destroyed by a tornado. She received insurance proceeds of $450,000. Her adjusted basis in the home was $200,000. She purchases a new home for $420,000 within the two-year replacement period and elects Section 1033 without applying Section 121. How much gain must she recognize?
- $250,000
- $30,000 (correct answer)
- $220,000
- $0
Explanation: Realized gain = $450,000 - $200,000 = $250,000. Under Section 1033, recognized gain equals the excess of proceeds over the cost of replacement property: $450,000 - $420,000 = 30,000.AnswerA(250,000) is the total realized gain with no replacement offset. Answer C (220,000)hasnovalidbasisintheSection1033formula.AnswerD(0) would require reinvesting at least $450,000 in replacement property or applying the Section 121 exclusion to shelter the remaining gain. Question 3
Under Section 1033(a)(1), when property is involuntarily converted directly into similar replacement property rather than into money first, which of the following correctly describes the tax treatment?
- No gain or loss is recognized and the basis of the replacement property equals the basis of the converted property - nonrecognition is mandatory with no election required. (correct answer)
- Gain is recognized to the extent the fair market value of the replacement property exceeds the adjusted basis of the converted property.
- The taxpayer must make a formal election on Form 8824 to defer gain recognition.
- The transaction is treated identically to a Section 1031 like-kind exchange, with the same property requirements and rules.
Explanation: Under Section 1033(a)(1), when property is directly converted into similar property (not money), no gain or loss is recognized and the basis of the replacement property equals the basis of the converted property. Nonrecognition is mandatory - no election is required. This differs from the Section 1033(a)(2) rule for conversions into money, which requires an election. Answer B is incorrect because direct conversion into similar property triggers no gain regardless of FMV versus basis. Answer C is incorrect; Form 8824 is the Section 1031 exchange form and no formal election is needed for a direct Section 1033(a)(1) conversion. Answer D is incorrect because while both are nonrecognition provisions, Section 1033(a)(1) is a separate statutory rule with different requirements than Section 1031.
Question 4
Ortega Corp received severance damages of $40,000 from a governmental authority that condemned an adjacent strip of land from Ortega's larger business parcel. No portion of Ortega's main parcel was condemned. What is the correct tax treatment of these severance damages?
- Ordinary income equal to the full $40,000 in the year received.
- A reduction of the basis of the remaining property first, with gain recognized only to the extent damages exceed that basis. (correct answer)
- Section 1231 gain fully taxable in the year received.
- A tax-free return of capital excluded entirely from income regardless of the remaining basis.
Explanation: Severance damages received in connection with a partial condemnation are applied first to reduce the basis of the remaining property. Only if the severance damages exceed the remaining adjusted basis does the excess constitute gain. This reflects the principle that severance damages compensate for the diminution in value of the remaining parcel rather than constituting proceeds from a sale. Answer A is incorrect because severance damages are not inherently ordinary income. Answer C is incorrect because gain is recognized only if and to the extent the damages exceed remaining basis - they are not automatically fully taxable. Answer D is incorrect because amounts exceeding basis result in recognized gain and are not permanently excluded.
Question 5
A corporation's office building (adjusted basis $400,000, FMV $900,000) was condemned. The corporation received $900,000. To defer all realized gain under Section 1033(g), what is the minimum amount the corporation must reinvest in qualifying like-kind replacement real property within the 3-year period?
- $400,000
- $500,000
- $450,000
- $900,000 (correct answer)
Explanation: To defer all gain under Section 1033, the taxpayer must reinvest an amount at least equal to the full amount realized (the $900,000 condemnation proceeds). Any shortfall between proceeds and the reinvestment amount equals recognized gain. The realized gain is $500,000, but to defer 100% of it, the corporation must reinvest the full 900,000ofproceeds,notmerelythegainamount.AnswerA(400,000) is only the adjusted basis of the converted property. Answer B (500,000)istherealizedgain,nottheminimumreinvestmentthreshold.AnswerC(450,000) has no basis in the Section 1033 reinvestment requirement. Question 6
A taxpayer who uses property in their trade or business applies the similar-or-related-in-service-or-use test under Section 1033. How does this standard differ from the test applied to investor-owners?
- Owner-users and investor-owners apply identical tests with no meaningful distinction between them.
- Owner-users apply a narrower test that requires replacement property to be located in the same geographic area.
- Owner-users apply a broader test focused on whether the replacement property exposes the taxpayer to the same type of business risk, rather than requiring identical physical use. (correct answer)
- Owner-users apply the like-kind standard from Section 1031 rather than the similar-or-related-in-service-or-use test.
Explanation: Courts have interpreted the similar-or-related-in-service-or-use standard differently for owner-users versus investor-owners. For owner-users, the test is more broadly construed to examine whether the replacement property exposes the taxpayer to the same type of business risks and serves similar business purposes. For investor-owners, the test is applied more narrowly, requiring the property to serve the same function and be used in the same way. Answer A is incorrect because courts do distinguish between these two groups. Answer B is incorrect; there is no geographic restriction in the similar-or-related test. Answer D is incorrect; owner-users still apply the Section 1033 similar-or-related standard, not the Section 1031 like-kind standard (unless Section 1033(g) applies to condemned real property).
Question 7
Stanton Corp sold condemned business real property for $1,200,000 with an adjusted basis of $700,000. Within the 3-year replacement period, Stanton purchased qualifying like-kind replacement real property for $1,100,000 and elects Section 1033(g). How much gain must Stanton recognize?
- $0
- $400,000
- $500,000
- $100,000 (correct answer)
Explanation: Realized gain = $1,200,000 - $700,000 = $500,000. Under Section 1033, recognized gain equals the excess of proceeds over replacement property cost: $1,200,000 - $1,100,000 = 100,000.AnswerA(0) would require reinvesting the full 1,200,000.AnswerB(400,000) equals replacement cost minus adjusted basis, which is not the Section 1033 gain recognition formula. Answer C ($500,000) is the full realized gain applicable only if no replacement property were purchased. Question 8
Mira's vacation cabin (adjusted basis $75,000) was destroyed by wildfire. She received $200,000 in insurance proceeds and purchased a replacement cabin for $175,000 within the two-year period. She elects Section 1033. What is the basis of Mira's replacement cabin?
- $175,000
- $75,000 (correct answer)
- $100,000
- $125,000
Explanation: Realized gain = $200,000 - $75,000 = $125,000. Recognized gain = $200,000 - $175,000 = $25,000. Deferred gain = $125,000 - $25,000 = $100,000. Basis of replacement cabin = cost - deferred gain = $175,000 - $100,000 = $75,000. This equals the original adjusted basis, reflecting that only $25,000 of gain was recognized and the remaining 100,000ofdeferredgainisbuiltintothereplacementcabin′sbasis.AnswerA(175,000) is the cost with no adjustment for deferred gain. Answer C (100,000)isthedeferredgainamount.AnswerD(125,000) is the total realized gain, not the replacement basis. Question 9
A rancher's breeding livestock was sold due to an extended drought. Under Section 1033(e), which of the following correctly describes the involuntary conversion rules applicable to weather-related livestock sales?
- The livestock must be replaced with identical animals of the same breed within 1 year.
- The rancher may replace the livestock with any farm property within 1 year.
- The replacement period is automatically extended to 4 years if the county is a federally declared disaster area.
- The replacement period is generally 4 years after the close of the first taxable year in which any part of the gain is realized, and replacement property may be livestock of a like kind or other property used for farming purposes (correct answer)
Explanation: Under Section 1033(e)(2), when livestock held for draft, breeding, or dairy purposes is sold due to drought, flood, or other weather conditions, the replacement period is 4 years after the close of the first taxable year in which any part of the gain is realized - significantly longer than the standard 2-year period. The IRS may further extend this period for areas that remain drought-designated. Qualifying replacement property includes livestock of a like kind or other property used for farming purposes, a broader standard than the general similar-or-related-in-service-or-use test. Answer D is correct. Answer A is incorrect because the standard is like-kind livestock or other farm property (not identical animals of the same breed), and the period is 4 years, not 1. Answer B is too broad in saying 'any farm property' without the like-kind livestock qualifier, and also states the wrong 1-year period. Answer C is incorrect; the 4-year period is the base replacement period under Section 1033(e)(2) applicable to all qualifying weather-related livestock sales - it is not a special automatic extension triggered only by a federal disaster declaration.
Question 10
Under Section 1033, which of the following events qualifies as an involuntary conversion that may allow nonrecognition of gain?
- A taxpayer sells rental property at a gain after deciding the market has peaked.
- A taxpayer exchanges business equipment for like-kind equipment under Section 1031.
- A taxpayer demolishes a building voluntarily to construct a larger facility on the same lot.
- A taxpayer's warehouse is destroyed by fire and the taxpayer receives insurance proceeds exceeding the building's adjusted basis. (correct answer)
Explanation: Section 1033 applies to involuntary conversions resulting from destruction, theft, seizure, requisition, or condemnation of property. A fire-destroyed warehouse with insurance proceeds exceeding the adjusted basis creates a gain eligible for Section 1033 nonrecognition if qualifying replacement property is purchased within the applicable period. Answer A is a voluntary sale and does not qualify under Section 1033. Answer B describes a Section 1031 like-kind exchange, a separate nonrecognition provision. Answer C is a voluntary demolition and does not constitute an involuntary conversion under Section 1033.
Question 11
Under Section 1033(b), when a corporation reinvests only part of the condemnation proceeds in replacement property, which of the following correctly describes the basis of the replacement property?
- The replacement property takes a fair market value basis as of the acquisition date.
- The replacement property takes a basis equal to the original condemned property's adjusted basis.
- The replacement property takes a full cost basis with no adjustment for any deferred gain.
- The replacement property takes a cost basis reduced by the gain not recognized (deferred) under Section 1033. (correct answer)
Explanation: Under Section 1033(b), the basis of replacement property equals the cost of the replacement property reduced by the gain not recognized (deferred) under Section 1033. This mechanism preserves the deferred gain inside the replacement property so that it is recognized upon a subsequent taxable disposition. Answer A (FMV basis) is appropriate only when gain is fully recognized, not when gain is deferred. Answer B (original property's adjusted basis) would equal the replacement basis coincidentally only when all proceeds are reinvested and all gain is deferred, but is not the statutory formula. Answer C is incorrect because the cost must be reduced by the amount of deferred gain under Section 1033(b).
Question 12
Holloway Corp owned a building used in its business (adjusted basis $240,000) that was condemned. The condemnation award was $400,000. Holloway reinvested $390,000 in qualifying replacement real property within the 3-year period and elects Section 1033(g). What is Holloway's basis in the replacement property?
- $240,000 (correct answer)
- $390,000
- $250,000
- $150,000
Explanation: Realized gain = $400,000 - $240,000 = $160,000. Recognized gain = $400,000 - $390,000 = $10,000. Deferred gain = $160,000 - $10,000 = $150,000. Basis of replacement property = cost - deferred gain = $390,000 - $150,000 = $240,000. Alternatively, basis = original adjusted basis + recognized gain = $240,000 + $10,000 - $10,000 = 240,000(bothmethodsconfirmthesameresult).AnswerB(390,000) is the cost with no deferred gain adjustment. Answer C (250,000)hasnovalidbasisintheformula.AnswerD(150,000) is the deferred gain, not the basis. Question 13
Alton's farm machinery (adjusted basis $13,000) was destroyed in a hailstorm. He received insurance proceeds of $25,000 and reinvested $22,000 in qualifying replacement machinery within the replacement period. Alton elects Section 1033. What is Alton's basis in the replacement machinery?
- $10,000
- $13,000 (correct answer)
- $22,000
- $9,000
Explanation: Realized gain = $25,000 - $13,000 = $12,000. Recognized gain = $25,000 - $22,000 = $3,000. Deferred gain = $12,000 - $3,000 = $9,000. Basis of replacement machinery = cost - deferred gain = $22,000 - $9,000 = 13,000.ThisequalsAlton′soriginaladjustedbasis,confirmingthatthedeferredgainispreservedinsidethereplacementproperty.AnswerA(10,000) has no basis in the Section 1033 formula. Answer C (22,000)isthecostwithnodeferredgainadjustment.AnswerD(9,000) is the deferred gain itself, not the basis. Question 14
Kelso Corp's plant was destroyed in a flood. Kelso received insurance proceeds of $800,000 against an adjusted basis of $500,000. Kelso purchased qualifying replacement property for $750,000 within the replacement period and elects Section 1033. How much gain does Kelso recognize?
- $0
- $300,000
- $50,000 (correct answer)
- $250,000
Explanation: Realized gain = $800,000 - $500,000 = $300,000. Under Section 1033, recognized gain equals the excess of proceeds over replacement property cost: $800,000 - $750,000 = 50,000.AnswerA(0) would require reinvesting at least the full 800,000inproceeds.AnswerB(300,000) is the full realized gain and applies only if no replacement property is purchased. Answer D ($250,000) equals the difference between replacement cost and original basis, which is not the Section 1033 recognized gain formula. Question 15
A taxpayer received $300,000 in insurance proceeds when business property with an adjusted basis of $100,000 was destroyed. The taxpayer spent $280,000 on qualifying replacement property and elects Section 1033. What is the taxpayer's basis in the replacement property?
- $100,000 (correct answer)
- $280,000
- $80,000
- $180,000
Explanation: Realized gain = $300,000 - $100,000 = $200,000. Recognized gain = $300,000 - $280,000 = $20,000. Deferred gain = $200,000 - $20,000 = $180,000. Basis of replacement property = cost - deferred gain = $280,000 - $180,000 = $100,000. This is confirmed by the alternative formula: basis = original basis + recognized gain = $100,000 + $20,000 - $20,000 ... more precisely, basis = $280,000 - $180,000 = 100,000.AnswerB(280,000) is the cost of the replacement with no deferred gain adjustment. Answer C ($80,000) would result from subtracting the full 200,000realizedgainfromthecost.AnswerD(180,000) is the deferred gain amount, not the basis. Question 16
Packard Corp's delivery truck (adjusted basis $15,000, FMV $40,000) was stolen. Packard received insurance proceeds of $40,000 and purchased a replacement delivery truck for $40,000 within the replacement period. Packard elects Section 1033. What is Packard's basis in the replacement truck?
- $40,000
- $15,000 (correct answer)
- $25,000
- $30,000
Explanation: Realized gain = $40,000 - $15,000 = 25,000.Becausereplacementcost(40,000) equals the proceeds ($40,000), all gain is deferred and recognized gain = $0. Deferred gain = $25,000. Basis of replacement truck = cost - deferred gain = $40,000 - $25,000 = 15,000.Thisequalstheoriginaladjustedbasisoftheconvertedtruck,confirmingthatthedeferredgaincarriesintothereplacementproperty.AnswerA(40,000) is the cost with no deferred gain adjustment. Answer C (25,000)istheamountofdeferredgain,notthebasis.AnswerD(30,000) has no basis in the Section 1033 formula. Question 17
A taxpayer's business land (held for more than one year, adjusted basis $150,000) is condemned by the city. The taxpayer receives $600,000 and does not purchase replacement property. What is the character of the $450,000 gain recognized?
- Ordinary income, because the award was paid by a government authority rather than a private buyer.
- Short-term capital gain, because condemnation proceeds are treated as a current-year event regardless of holding period.
- Section 1231 gain, because the land is a business asset held more than one year, which may qualify for long-term capital gain treatment. (correct answer)
- Section 1250 recapture income, because the condemned property is real property used in a trade or business.
Explanation: A condemnation is treated as a sale or exchange for tax purposes. Business land held more than one year is a Section 1231 asset, and the resulting gain is Section 1231 gain. When net Section 1231 gains exceed losses for the year, they are treated as long-term capital gain (subject to the 5-year lookback rule for prior unrecaptured ordinary losses). Answer A is incorrect; character is not affected by the identity of the condemning party. Answer B is incorrect because holding period rules apply normally; business land held more than one year produces long-term gain treatment, not short-term. Answer D is incorrect because Section 1250 recapture applies to depreciable real property, not to unimproved land.
Question 18
Vera's principal residence (adjusted basis $150,000) was destroyed in a hurricane. She received insurance proceeds of $500,000. She reinvests 470,000inanewprincipalresidencewithin2years.VeraisasinglefilerwhoqualifiesfortheSection121exclusion(250,000) and elects to apply both Section 121 and Section 1033. What is the minimum gain Vera must recognize?
- $100,000
- $30,000
- $0 (correct answer)
- $350,000
Explanation: Realized gain = $500,000 - $150,000 = $350,000. The Section 121 exclusion shelters $250,000. Remaining gain after Section 121 = $100,000. When Section 121 and Section 1033 are combined, the amount that must be reinvested to defer all remaining gain equals proceeds minus the Section 121 exclusion = $500,000 - $250,000 = $250,000. Vera reinvested $470,000, which exceeds $250,000, so all remaining $100,000 is deferred under Section 1033. Total recognized gain = 0.AnswerA(100,000) is the gain remaining after Section 121 before the Section 1033 analysis. Answer B (30,000)wouldbetheSection1033recognizedgainifSection121werenotapplied.AnswerD(350,000) is the total realized gain before any exclusion or deferral. Question 19
A taxpayer elected Section 1033 nonrecognition after receiving condemnation proceeds but failed to purchase qualifying replacement property within the applicable replacement period. What is the tax consequence of this failure?
- The taxpayer forfeits future depreciation on any subsequently acquired property.
- The previously deferred gain becomes recognizable in the tax year the replacement period expires, and an amended return must be filed for the year of realization. (correct answer)
- The taxpayer receives an automatic 6-month extension of the replacement period.
- No consequence occurs because Section 1033 elections are irrevocable once made and the deferral is permanent.
Explanation: If a taxpayer fails to purchase qualifying replacement property within the replacement period, any gain deferred under Section 1033 becomes recognized in the tax year the replacement period expires. The taxpayer must file an amended return for the year the gain was first realized and pay any resulting tax plus interest. Answer A is incorrect; there is no forfeiture of depreciation rights on future property. Answer C is incorrect because there is no automatic 6-month extension, though the IRS may grant an extension when a timely application is filed and circumstances warrant. Answer D is incorrect; the Section 1033 deferral is contingent on replacement, not permanent, and fails if replacement does not occur within the required period.
Question 20
Under Section 1033(g), when real property used in a trade or business is condemned, which of the following correctly describes the replacement period and qualifying replacement property standard?
- A 2-year replacement period; replacement property must be similar or related in service or use.
- A 2-year replacement period; replacement property may be any like-kind real property.
- A 3-year replacement period; replacement property must be similar or related in service or use.
- A 3-year replacement period; replacement property may be any like-kind real property held for productive use in a trade or business or for investment. (correct answer)
Explanation: Section 1033(g) provides a special rule for condemned real property used in a trade or business or held for investment: the replacement period is 3 years, and the qualifying replacement property standard is relaxed to allow any like-kind real property (mirroring the Section 1031 standard), rather than the narrower similar-or-related-in-service-or-use test. Answer A is wrong on both the period (2 years) and the property standard. Answer B correctly identifies the like-kind standard but states the wrong 2-year period. Answer C states the correct 3-year period but applies the more restrictive similar-or-related standard that does not apply to condemned real property under Section 1033(g).