M-MTax
Level 12

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@Opus 17 wrote:
  • You bought a car for $20,000, it was totaled, and you received $25,000 in replacement cost coverage.  $5000 is taxable.
  • You bought a car for $20,000, and used it in business and claimed $10,000 of depreciation.  It was totaled and you received $15,000 present value as damages.  Because your adjusted cost basis is reduced by depreciation, your basis is now $10,000, so $5000 is business income. 

Only thing is that if ALL of the insurance proceeds are used to buy replacement property, like a replacement for the car, then any gain could be deferred under Section 1033.

 

The replacement property must be of similar or like-kind, however.