Is the payout on a policy, rather than rebuilding the house, taxable? If the property is subsequently sold, is the total amount of the insurance payout, combined with the sale amount to determine the amount subject to capital gains tax?
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If you don't use the insurance proceeds to restore the property then you can look at the payout in terms of reducing the basis in the property - assuming this property is being held for personal use,
The property has been sold for an amount that is only a modest amount above its original purchase
How did you use the insurance proceeds?
If you did not use them to repair or replace damaged property, then you need to subtract those proceeds from your original cost basis - your purchase price.
Of course, much of the proceeds from the insurance will be used to replace items that were damaged, if not applied to the purchase of a new residence the majority of which in my case will be in the next year (2025). Are you suggesting that extensive item purchase records need be kept. Seems an impossible task, and one that can't possibly be determined in this taxable year 2024 to any significant degree.
Your opinion seems different than what I had been told
The problem is we are guessing at details.
You need to divide the insurance proceeds into house and contents.
If you don't rebuild the house and don't buy a new home, that portion of the settlement is not taxable, but it reduces your cost basis. Then, when you sell the remaining property, you use the reduced cost basis to calculate your gain. If the payout is more than the cost basis, you have a capital gain. If this was your main residence, you can still exclude the first $250,000 from capital gains tax (or $500,000 if married filing jointly). See publication 523. If you do purchase a new home, you ignore the lost value and the insurance payout (they cancel each other out) and your new home keeps the basis of your original home.
Example 1: You bought the home for $250,000. The insurance payout for the fire was $200,000. The payout is not taxable but your basis is reduced to $50,000. You sell for $200,000. You have a capital gain of $150,000.
Example 2: You bought the home for $250,000. The insurance payout for the fire was $400,000. Your basis is reduced to zero and you have a capital gain on the payout of $150,000. Then you sell the remaining property for $250,000. You have an additional $250,000 capital gain. If you sell within 2 years of the loss, you can apply the $250,000 exclusion and only pay tax on $150,000 (or if married, apply the $500,000 exclusion and pay no capital gains tax.)
Example 3. You bought the home for $250,000. The insurance payout for the fire was $400,000. You sell the remaining property for $200,000 and you purchase a new home for $650,000. You have no taxable event to report, but your cost basis on the new home (used to calculate your capital gain whenever you sell it) is $250,000, and not $650,000.
As far as the contents are concerned, you do not have to report a capital gain, as long as you replace the items with "property that is similar or related in service or use to the [destroyed] property". Same as the house, the new items carry the cost basis of the old items, which may affect a gain or loss calculation when you dispose of those items.
Example 4: You estimate the contents of your house (furniture, TVs, computers, etc.) originally cost $20,000. The fair market value at the time (for used items) was $10,000. Because you have a replacement cost policy, the insurance company pays $50,000. You purchase similar items to replace the destroyed items. You don't report a gain, but the cost basis of the new items is treated as being $20,000 rather than $50,000.
See publication 523 and 544,
https://www.irs.gov/publications/p544
Of course, much of the proceeds from the insurance will be used to replace items that were damaged, if not applied to the purchase of a new residence
To the extent you do so, you do not have a reportable gain. In fact, you would have nothing to report.
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