Coal Mine Subsidance

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  • spanel
    Senior Member
    • Oct 2008
    • 845

    #1

    Coal Mine Subsidance

    I have a client that is getting 2x-3x their house value for future subsidence issues.

    Is this taxable? How is this handled?

    Thanks

    Chris
  • Rapid Robert
    Senior Member
    • Oct 2015
    • 1983

    #2
    Not enough facts to answer.
    "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
    "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

    Comment

    • spanel
      Senior Member
      • Oct 2008
      • 845

      #3
      What other facts are needed.

      Client owns land/house and it getting paid for future damages or potential damages.

      Chris

      Comment

      • Rapid Robert
        Senior Member
        • Oct 2015
        • 1983

        #4
        edit: "What other facts are needed." First "fact", is why do you think it might not be taxable? After all, gross income includes all income from whatever source derived.

        edit #2: "What other facts are needed."​ What questions did you ask the client? Or is what you posted to begin all the information you have?

        Is the property being sold? (probably not but was not clear from first post). Who is paying? Why are they paying (just out of the goodness of their heart)? Why are they paying now instead of when property was purchased, or waiting until a problem actually arises? What is the property owner agreeing to in exchange for getting the money? Even if the house were to become totally worthless in the future due to a disaster, why would that involve getting 2-3 times the value of house now?

        Is this a one off, or a class of property owners getting the money? Can I still buy an affected property now and also get 2-3 times what I paid? I'll take that deal and gladly pay the tax!
        Last edited by Rapid Robert; 07-09-2024, 07:07 PM.
        "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
        "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

        Comment

        • Lion
          Senior Member
          • Jun 2005
          • 4699

          #5
          Read the contract.

          Comment

          • spanel
            Senior Member
            • Oct 2008
            • 845

            #6
            Haven't received the contract yet... Rep said it was tax free because of "there would be a loss". That being said, I dont agree. They are paying my client approx what the house is currently worth for future damages that might occur.

            "I think" what's going on is they are selling the house to the coal mines and buying it back for $1. If they have lived there 2/5 years, no tax on 250/500 profit. If they have not, then possible gain/loss at capitol gains rates..

            Chris

            Comment

            • Twin Turbo Z
              Senior Member
              • Feb 2014
              • 373

              #7
              Was it part of a class action lawsuit ?

              Comment

              • Rapid Robert
                Senior Member
                • Oct 2015
                • 1983

                #8
                Originally posted by Twin Turbo Z
                Was it part of a class action lawsuit ?
                If you would read the thread, you'd see that this is one of several questions already asked but not yet answered. It seems the OP doesn't really have much info yet, as certain "facts" presented have already changed (first it was "receiving 2-3 times the FMV of the property" now it is some kind of bizarre sale/re-purchase transaction).
                "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
                "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

                Comment

                • spanel
                  Senior Member
                  • Oct 2008
                  • 845

                  #9
                  No class action.

                  Again, I really need the contract.. Just speculating at this point. (client also has not received contract, just talked to rep)

                  Coal mines are long wall mining under his property and there is a 99% chance the property will "fall or subside" in the near future. They are paying in advance of this damage, in this case approx FMV of house. I was mistaken about the 2-3x the value.

                  The rep said it was tax free because he would have a loss.... but no details on how exactly its tax free.

                  Chris

                  Comment

                  • DoubleO
                    Member
                    • Feb 2020
                    • 81

                    #10
                    Is the company perhaps buying an easement or perhaps mineral rights?

                    Comment

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