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First Sale of Rental Property


Patrick Michael

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Preparing my first return with a sale of a residential rental unit and trying to understand how the gain is taxed.  The house was purchased in 2009 and has been depreciated, straight line, over 27.5 years. There is a a $106,877 gain and $31,772 in depreciation, none of which is considered "additional depreciation". This is were I'm getting confused. Some of what I have read says that the total amount of the gain that is the result of depreciation is taxed at 25%  and others said the entire gain is considered a LT capital gain (which I do not believe is true).  When I look at the Schedule D Tax Worksheet it looks like the gain from the depreciation is taxed at ordinary income rates with a maximum rate of 25%.  Is this correct?

Thanks

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As I understand it, and I could be very wrong, for real estate only the portion of depreciation in excess of SL is subject to recapture.  If the property has been depreciated under MACRS, there is no excess and hence no recapture.  The depreciation taken is subtracted from cost to yield the adjusted basis, so it raises the amount of capital gain, which is taxed at cap gain rates.  If over time the owner had added Sect 1245 property like appliances etc, those gains would be subject to recapture at the 25% rate.

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Without researching, it is my understanding that if there is a gain bigger that the depreciation allowed or allowable, the whole depreciation is taxed as ordinary income, which is consistent with the benefit received when the depreciation was allowed or allowable.

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On ‎01‎/‎19‎/‎2018 at 7:01 AM, Patrick Michael EA said:

  When I look at the Schedule D Tax Worksheet it looks like the gain from the depreciation is taxed at ordinary income rates with a maximum rate of 25%.  Is this correct?

Thanks

No.  Actually It is an unrecaptured section 1250 gain that is taxed at a maximum "capital gains" rate of 25%.

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