Section 24949.2 Of Article 3. Nontaxable Exchanges From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 15. >> Article 3.
24949.2
. (a) For purposes of Sections 24943 through 24945, if real
property (not including stock in trade or other property held
primarily for sale) held for productive use in trade or business or
for investment is (as a result of its seizure, requisition, or
condemnation, or threat or imminence thereof) compulsorily or
involuntarily converted, property of a like kind to be held either
for productive use in trade or business or for investment shall be
treated as property similar or related in service or use to the
property so converted.
(b) (1) Subdivision (a) shall not apply to the purchase of stock
in the acquisition of control of a corporation described in
subdivision (a) of Section 24944.
(2) Subdivision (a) shall apply with respect to the compulsory or
involuntary conversion of any real property only if the disposition
of the converted property (within the meaning of subdivision (b) of
Section 24943) occurs after December 31, 1960.
(c) (1) A taxpayer may elect, at such time and in such manner as
the Franchise Tax Board may prescribe, to treat property which
constitutes an outdoor advertising display as real property for
purposes of this part with respect to which an election under Section
24356.2 (relating to election to expense certain depreciable
business assets) is in effect.
(2) An election made under paragraph (1) may not be revoked
without the consent of the Franchise Tax Board.
(3) For purposes of this subdivision, the term "outdoor
advertising display" means a rigidly assembled sign, display, or
device permanently affixed to the ground or permanently attached to a
building or other inherently permanent structure constituting, or
used for the display of, a commercial or other advertisement to the
public.
(4) For purposes of this subdivision, an interest in real property
purchased as replacement property for a compulsorily or
involuntarily converted outdoor advertising display defined in
paragraph (3) (and treated by the taxpayer as real property) shall be
considered property of a like kind as the property converted without
regard to whether the taxpayer's interest in the replacement
property is the same kind of interest the taxpayer held in the
converted property.
(d) In the case of a compulsory or involuntary conversion
described in subdivision (a), paragraph (1) of subdivision (b) of
Section 24944 shall be applied by substituting "three years" for "two
years."
(e) Subdivision (d) shall apply with respect to any disposition of
converted property (within the meaning of Section 24944) after
December 31, 1976.