How to calculate capital gains tax when state buys part of my property for road expansion?
So I'm in a weird situation and could use some tax advice. About 8 years ago, I bought my house for $75k (got a sweet deal because the previous owner was relocating for work and needed a quick sale). Currently the property is valued around $130k and I still have about $48k left on the mortgage. Here's where it gets complicated - the state transportation department is planning a road widening project and they're buying a strip of my front yard (about 15% of my total property). They've offered me $75k for just that small section they're taking. I have no idea how to handle the capital gains on this! I'm not selling the whole property, just a piece of it. Do I need to somehow calculate what percentage of my original purchase price applies to just that section? My annual income is around $82k, and I file separately from my spouse. I usually do my taxes myself with tax software since they're pretty straightforward, but this has me confused. I want to make sure I'm doing this legally while also not overpaying on taxes. Any guidance would be really appreciated!
20 comments


Amina Sy
This is actually a fairly common situation with partial property sales, especially for government projects. You'll need to figure out your "basis" in the portion being sold, which is essentially what part of your original purchase price applies to the section they're taking. Since they're taking about 15% of your property, a simplified approach would be to allocate 15% of your original purchase price ($75k × 15% = $11,250) as your basis for the part being sold. Your capital gain would then be $75k (what they're paying) minus $11,250 (your basis), which equals $63,750. However, there's a better approach if you have documentation. The most accurate method is to determine the basis by the relative fair market values at the time of purchase. If you have an appraisal from when you bought the property that breaks down land vs. improvements, that would be ideal. Remember that since this is a partial sale of your primary residence, you won't be able to use the primary residence exclusion ($250k for single filers, $500k for joint filers) that would normally apply to a full home sale.
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Oliver Fischer
•Thanks for explaining this! Question though - wouldn't the fact that the government is forcing this sale through eminent domain affect the tax situation? I thought there might be some special rules for involuntary conversions. Also, would it make any difference if they're only taking land and not any part of the actual house structure?
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Amina Sy
•Excellent questions! For involuntary conversions due to eminent domain, you may qualify for tax deferral under Section 1033 of the tax code if you reinvest the proceeds in similar property within a specific timeframe (usually 2-3 years). This could allow you to postpone paying tax on the gain. Yes, it absolutely matters that they're only taking land. Since they're not taking any structures, your basis calculation should focus on the land value portion of your purchase price, not the building value. If your property tax assessment or original purchase documents separate land value from building value, use that ratio to determine your basis more accurately.
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Natasha Petrova
I went through something similar with a county road expansion last year and found this amazing service called taxr.ai (https://taxr.ai) that helped me figure out exactly how to handle it. The tool analyzed my property documents and purchase history and gave me a detailed breakdown of how to calculate my basis for the partial sale. What was really helpful is that they explained how to document everything properly for the IRS. They even generated a report I could attach to my tax return that showed exactly how I calculated the basis for the portion of land that was sold. Saved me a ton of stress and probably prevented an audit!
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Javier Morales
•Did it help you figure out if you qualify for that Section 1033 thing the other commenter mentioned? The involuntary conversion rule? That sounds like it could save a bunch in taxes but I wonder if it's complicated to claim.
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Emma Davis
•How long did the analysis take? I'm facing a similar situation but with a utility company taking an easement on my property and my tax filing deadline is coming up pretty soon.
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Natasha Petrova
•Yes, the tool specifically addressed Section 1033 for involuntary conversions. It walked me through a questionnaire to determine if I qualified and then explained the timeline requirements for reinvesting. It's definitely not something I would have figured out on my own, but they made it really straightforward. The analysis took less than 24 hours once I uploaded my documents. They have a priority processing option if you're on a tight deadline. For your easement situation, they'd be able to help determine if it counts as a sale or just a partial interest transfer, which makes a big difference for tax purposes.
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Emma Davis
I just want to provide an update after using taxr.ai for my easement situation! I was skeptical at first, but I'm so glad I tried it. The service really delivered exactly what I needed - a clear breakdown of how to calculate my basis in the portion of property affected by the easement. The most valuable part was their explanation of how easements differ from outright sales for tax purposes. Turns out I needed to treat it as a partial interest rather than a partial sale, which changed my whole tax approach. They also identified a special provision that applied to my utility easement that I would have completely missed. Their documentation report saved me hours of research and gave me peace of mind that I'm filing correctly. Definitely worth checking out if you're dealing with any kind of partial property transaction!
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GalaxyGlider
If you're having trouble getting clear answers from the IRS about how to handle this situation, try using Claimyr (https://claimyr.com). I spent weeks trying to get through to the IRS for a similar situation with a partial property sale, but the hold times were ridiculous. With Claimyr, I actually got through to an IRS agent in about 20 minutes who confirmed exactly how to report my partial property sale and what documentation I needed to include with my return. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with even directed me to a specific publication that addressed my situation and confirmed I was eligible for tax deferral since mine was an involuntary conversion. Totally worth it instead of waiting on hold for hours or guessing about the right approach.
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Malik Robinson
•Does this service actually work? Seems too good to be true. I've literally spent HOURS on hold with the IRS trying to get answers about property sales.
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Isabella Silva
•I'm very skeptical. Why would I pay for something that should be a free government service? The IRS should be reachable without having to use some third-party service. This seems like it's taking advantage of a broken system.
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GalaxyGlider
•It absolutely works! The service basically navigates the IRS phone tree for you and waits on hold in your place. When they reach an actual agent, you get a call to connect with them. I was doubtful too, but it saved me hours of frustration. I understand the concern about paying for access to a government service, and I agree the system should work better. But for me, the time savings was worth it. I had already wasted nearly 3 hours on multiple calls trying to get through on my own, so the fee was worth it to finally get my questions answered by an actual IRS representative.
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Isabella Silva
I need to eat my words and apologize for my skepticism about Claimyr. After another failed 1.5 hour attempt to reach the IRS myself, I broke down and tried the service. Within 25 minutes I was talking to an actual IRS representative who helped clarify my partial property sale questions. The agent confirmed I could defer taxes on my gain through the involuntary conversion rules AND provided specific guidance on how to document everything on my return. They even emailed me the specific forms I needed. Getting this information directly from the IRS gave me confidence that I'm handling everything correctly. For anyone dealing with this kind of specialized tax situation, getting accurate information straight from the IRS is incredibly valuable. I still wish the system worked better, but in the meantime, this service solved a real problem for me.
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Ravi Choudhury
Don't forget to check if your state has any additional tax considerations for eminent domain sales! In my state, we have special provisions that can reduce or defer state taxes on these transactions. The rules can be completely different from federal. Also, keep ALL documentation from the state regarding the sale - appraisals, offers, final contracts, everything. You may need those to substantiate your basis calculations if you're ever audited.
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QuantumQuest
•Thanks for the reminder about state taxes! I completely forgot about that angle. Did you find your state had any favorable treatment for these kinds of forced sales?
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Ravi Choudhury
•In my case, our state actually has a special exclusion for eminent domain sales that are under a certain threshold. The first $50,000 of gain was completely exempt from state taxes, which was a nice surprise. Even if your state doesn't have special provisions, many follow the federal rules for involuntary conversions. Check your state's department of revenue website or call them directly - in my experience, state tax agencies are often easier to reach than the IRS.
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Freya Andersen
Something nobody's mentioned yet - make sure you're accounting for any improvements you've made to the property since purchase when calculating your basis! If you've added landscaping, fencing, a driveway, or other improvements to the area being taken, those costs increase your basis and reduce your taxable gain.
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Omar Farouk
•Great point! How would you document those improvements if they were done years ago? I've made lots of changes to my property but don't have all the receipts.
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Nick Kravitz
This is a complex situation that definitely requires careful documentation! One thing I'd add to the excellent advice already given is to consider getting a professional appraisal of just the portion being taken. Even though the state offered $75k, having an independent appraisal can help support your basis calculations and provide additional documentation for the IRS. Also, since you mentioned this is an eminent domain situation, make sure you understand the timeline for any Section 1033 election if you decide to go that route. You generally have until the end of the tax year that's 2 years after the year you realized the gain to complete a qualifying replacement purchase. Given the complexity and the significant dollar amounts involved, this might be worth consulting with a tax professional who has experience with involuntary conversions and partial property sales. The cost of professional advice could easily be offset by ensuring you handle this correctly and don't miss any beneficial tax provisions.
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Sean Flanagan
•This is really helpful advice! I'm actually dealing with a similar situation but on a smaller scale - the city is taking a small corner of my lot for a storm water management project. Quick question about the Section 1033 timeline you mentioned - does the "qualifying replacement purchase" have to be similar property in the same area, or could I use those proceeds toward improvements on my remaining property? Also, do you know if there's a minimum dollar threshold for this to apply? I'm leaning toward getting that professional appraisal you suggested since the city's offer seems pretty generous and I want to make sure I'm not missing anything tax-wise.
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