{"id":44500,"date":"2023-01-22T12:39:00","date_gmt":"2023-01-22T12:39:00","guid":{"rendered":"https:\/\/businessyield.com\/?p=44500"},"modified":"2023-02-10T14:40:33","modified_gmt":"2023-02-10T14:40:33","slug":"depreciation-recapture","status":"publish","type":"post","link":"https:\/\/businessyield.com\/real-estate-investment\/depreciation-recapture\/","title":{"rendered":"DEPRECIATION RECAPTURE: Definition and How To Calculate It","gt_translate_keys":[{"key":"rendered","format":"text"}]},"content":{"rendered":"

What exactly is depreciation recapture in the IRS and how do you calculate it on assets like real estate and property that you may have purchased? If you intend to sell an item that has been depreciated for tax purposes, you should read the following instructions. We\u2019ll look at how depreciation recapture can lead to higher tax payments and how, with a little forethought, you can avoid the impact on your finances and your rental property.<\/p>\n

What Is Depreciation Recapture?<\/h2>\n

Depreciation recapture is a procedure that allows the IRS to recover taxes on a taxpayer\u2019s financial gain from the sale of an asset. Rental buildings, equipment, furniture, and other assets are examples of capital assets. Once the term of an asset has expired, the IRS requires taxpayers to report any gain from the disposal or sale of that asset as regular income. Property and equipment depreciation recapture requirements differ. A capital gains tax is levied on real estate and property depreciation recapture. However, capital gains tax is not included in the depreciation recapture for equipment and other assets. But before we get into recapture, you first understand how depreciation works. We\u2019ll look at how depreciation works in more detail below.<\/p>\n

What Assets Are Subject to Depreciation Recapture?<\/h3>\n

Under Section 1231 of the IRS code, any capital asset held for more than one year might be considered a depreciable asset and is referred to as 1231 property. This is followed by Sections 1245 (capital property that is not real estate or improvements on real estate) and 1250. (real property and land).<\/p>\n

In case you\u2019re wondering, assets such as stocks, bonds, mutual funds, commodities, and precious metals are not subject to depreciation recapture since they either have no operating expenses<\/a> or have minor operational expenses that have no impact on the assets cost basis. In contrast, machinery wears and tears, reducing its market value and utility. Hence, the real property is susceptible to maintenance costs.<\/p>\n

Rental Property Depreciation Recapture<\/h2>\n

One of the most significant distinctions between depreciation recapture for equipment and rental properties is that the final recapture value for properties includes capital gains tax. This means that any profit you make from selling your property will be subject to both capital gains and other taxes. The IRS taxes a portion of your gain as a capital gain, and the depreciation-related component is taxed at a higher rate. The IRS refers to the gain related to depreciation as \u201cunrecaptured section 1250 gain.\u201d<\/p>\n

How to Plan for Depreciation Recapture on Rental Property<\/h2>\n

Now for the good news. When a rental property is sold, passive activity losses that were previously not deductible become fully deductible. This can help to mitigate the tax consequences of the depreciation recapture tax.<\/p>\n

A rental property can also be sold in a like-kind exchange to avoid capital gains and depreciation recapture taxes. When a sale is not followed by a purchase, taxes are deferred until a later date.<\/p>\n

Depreciation Recapture Examples<\/h3>\n

The manner in which your gain is recouped is determined by the sort of asset in question. Section 1250 of the tax code applies to real estate property, whereas Section 1245 applies to other sorts of assets. Each specifies the conditions under which recapture can be taxed as regular income rather than at the 25% rate.<\/p>\n

Section 1250: Residential Rental Properties<\/h4>\n

Section 1250 applies to all property purchased or sold after December 31, 1975. It states that any gain on the sale of a property may be taxed as ordinary income in accordance with your marginal or top tax level, based on the lesser of the following:<\/p>\n