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Glossary/Unrecaptured section 1250 gain

What is Unrecaptured section 1250 gain?

In short

Unrecaptured section 1250 gain is the part of an individual's gain on selling depreciable real property that comes from straight-line depreciation already taken. It is taxed at a maximum rate of 25%.

Key takeaways

  • Gain above the depreciation taken is taxed at the usual long-term capital gain rates.
  • Real property placed in service after 1986 uses straight-line depreciation, so there is generally no ordinary-income recapture.
  • Corporations face a different rule that treats 20% of the depreciation as ordinary income.

Example

A building bought for $500,000, depreciated by $120,000 and sold for $600,000: $120,000 is taxed at up to 25% and $100,000 at capital gain rates.

Where it's tested

TCP: Property Transactions: Advanced Planning — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

An individual sells a rental building at a gain. Part of the gain reflects straight-line depreciation taken. That portion (unrecaptured Section 1250 gain) is generally taxed at a maximum rate of:

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