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  2. Under recapture rules, ordinary income12345:
    • Depreciation recapture on real estate property is not taxed as ordinary income if straight-line depreciation was used.
    • The gain treated as ordinary income by §1245 is the amount by which the lower of the property’s amount realized or recomputed basis exceeds the property’s adjusted basis.
    • Excess depreciation claimed over straight-line depreciation is recaptured as ordinary income.
    • The ordinary income tax rate is typically applied to depreciation recapture on most properties.
    Learn more:
    This rule states that the depreciation recapture on real estate property is not taxed as ordinary income as long as a straight-line depreciation was used over the life of the property. So part of the gain beyond the original cost basis would be taxed as a capital gain but the part that relates to depreciation is taxed at the 1250 rule rate.
    smartasset.com/taxes/depreciation-recapture
    The gain treated as ordinary income by §1245 is the amount by which the lower of the property’s (1) amount realized or fair market value (depending on the type of disposition), or (2) recomputed basis (i.e., the property’s basis plus all amounts allowed for depreciation) exceeds the property’s adjusted basis.
    pro.bloombergtax.com/portfolio/depreciation-recapt…
    The excess of depreciation claimed over straight-line depreciation is recaptured as ordinary income, and thus taxed at ordinary income rates (but the amount of excess depreciation subject to recapture may be less for certain residential real estate or for real estate acquired before 1970).
    www2.1031dst.com/insights/daniel-raupp/understa…
    The ordinary income tax rate is typically applied to depreciation recapture on most properties. This rate can be as high as 37%, depending on the taxpayer's income bracket. It applies to the portion of the gain on the sale of a depreciated asset that's equivalent to the amount of depreciation claimed or claimable.
    www.financestrategists.com/tax/tax-planning/depre…

    Key Takeaways

    • Depreciation recapture is a tax provision that allows the IRS to collect taxes on any profitable sale of an asset that the taxpayer had used to previously offset taxable income.
    www.investopedia.com/terms/d/depreciationrecapt…
     
  3. People also ask
    Can a depreciable property be recaptured as ordinary income?However, part of the gain on the sale or exchange of the depreciable property may have to be recaptured as ordinary income on Form 4797. Use Part III of Form 4797 to figure the amount of ordinary income recapture. The recapture amount is included on line 31 (and line 13) of Form 4797. See the instructions for Form 4797, Part III.
    What is ordinary gain from depreciation recapture?All or part of any gain from the disposition of the property may be ordinary gain from depreciation recapture. For trade or business property held for more than 1 year, enter the amount from line 26 of Form 6252 on Form 4797, line 4.
    How is a recapture taxed?When you file your taxes, the IRS will treat your recapture as ordinary income. The IRS will also compare the asset’s realized gain with its depreciation expense. The smaller figure serves as the depreciation recapture. This also applies to real estate and rental properties.
    Is depreciation recapture taxable?There is no depreciation to recapture if a loss was realized on the sale of a depreciated asset. Depreciation recapture on real estate property is not taxed at the ordinary income rate as long as straight-line depreciation was used over the life of the property.
     
  4. WebDec 21, 2023 · The IRS refers to the gain that specifically relates to depreciation as “unrecaptured section 1250 gain.”. This rule states that …

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