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Conference nyoss1::market_investing

Title:Market Investing
Moderator:2155::michaud
Created:Thu Jan 23 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1060
Total number of notes:10477

81.0. "How do you treat payment for granting easement?" by GAMBLN::AXEL (Mike Axel) Wed Feb 26 1992 10:59

    In 1991 I received a payment from my town for granting them an easement
    to run a sewer line through my property. I'm not sure how this money
    should be treated. I called the IRS and they said that it isn't 
    income and should be used to reduce my property's basis at the time
    it is sold. If the payment is more than the sale price of the property,
    the difference would be treated as a capital gain. They said I don't
    have to file anything about this until I sell the property. Knowing the 
    accuracy of the IRS helpline, does this sound right? Has anyone had 
    experience with payments for easements?
    
    Mike
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81.1Go with basis reduction.CSCOA1::SOVEREIGN_Sbut once a knight is enough(?)Wed Feb 26 1992 16:4714
    The payment reduces your basis in the property *now*.  You will
    probably not reflect it until the time the property is sold, unless the
    $ amount is more than you have invested in the property. (Your "basis")
    
    If the payment is MORE than your basis in the property, it is a capital
    gain effective at the time the money changed hands, and should be
    reported as such.
    
    As fas as it applies, the easement payment reduces your basis in the
    "land" first, and then if any is left it reduces your basis in the
    structure.  (useful if you decide to convert it to rental or other
    business use later and have to depreciate it)
    
    Steve