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Glossary/Section 1231 property

What is Section 1231 property?

In short

Section 1231 property is depreciable property and real property used in a trade or business and held for more than one year. A net Section 1231 gain is treated as long-term capital gain; a net loss is ordinary.

Key takeaways

  • Depreciation recapture is applied first, before Section 1231 treatment.
  • Net gain is recharacterized as ordinary to the extent of net Section 1231 losses in the prior five years.
  • Inventory and property held mainly for sale to customers are excluded.

Where it's tested

REG: Property Transactions: Gains, Losses & Like-Kind Exchanges — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

A business sells equipment for $55,000. Original cost was $50,000 and accumulated depreciation was $30,000. How is the gain characterized?

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