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Home was destroyed by fire in April 2018. Insurance paid settlement for the house. Didn't rebuild, moved in with son and sold the lot. What will be claimed as income?

My 89 year old Dad's home was destroyed by the Tinder Fire in Northern AZ in April 2018. He and my Mom lived there since 1992 and it was paid for.  My Mom passed away in Dec 2017, so instead of rebuilding a home that he could not live in alone, he moved in with me and sold the lot.  Insurance paid a settlement for the house, other buildings, and trees. (The claim for personal property lost inside the home is still pending.)  What will he have to claim as income?
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JulieR
Expert Alumni

Home was destroyed by fire in April 2018. Insurance paid settlement for the house. Didn't rebuild, moved in with son and sold the lot. What will be claimed as income?

Generally, insurance proceeds for this type of claim are not taxable.  However, there may be a taxable gain if the insurance proceeds were in excess of the original cost of the property, which is likely the case since your parents purchased the property in 1992.  

If there is a taxable gain, your father can claim the primary residence exemption. If your main home was damaged or destroyed, and you lived there for at least two of the five years prior to the insurance event, then you can exclude $250,000 in insurance gains ($500,000 if you file jointly). This rule is exactly the same as if you sold your primary residence.

Example: If you bought your home 20 years ago with an adjusted basis of $90,000 but the insurer cut you a check for the home's fair market value of $200,000, thanks to the primary residence exemption, you have no tax liability despite the $110,000 gain.

The following article address this issue: Are Homeowner's Insurance Loss Payouts Taxable?  See the information under Involuntary Conversion Exclusions.

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