Depreciation Recapture
Authority: IRC §§1245, 1250
Depreciation recapture is the rule that claws back prior depreciation deductions when an asset is sold at a gain. For personal property like equipment and vehicles (Section 1245 property), gain up to the total depreciation taken is taxed as ordinary income rather than capital gain; only gain above the original cost is capital gain. For real estate (Section 1250 property), straight-line depreciation is not recaptured as ordinary income, but the gain attributable to it, called unrecaptured Section 1250 gain, is taxed at a maximum 25% rate instead of the usual capital gains rates. Recapture is why accelerated deductions are a deferral, not a permanent exclusion: the benefit is the time value of money plus any rate arbitrage. Strategies that manage recapture include 1031 exchanges (which defer it), holding until death (basis step-up erases it), and installment sales (which do not defer 1245 recapture).
Example
A landlord sells a rental for $500,000 that she bought for $400,000 and depreciated by $110,000. Her $210,000 gain splits into $110,000 of unrecaptured Section 1250 gain taxed at up to 25% and $100,000 of regular long-term capital gain.
Related terms
MACRS (Modified Accelerated Cost Recovery System)
MACRS is the default depreciation system for tangible property placed in service after 1986. It assigns every asset...
Cost Segregation
Cost segregation is an engineering-based study that breaks a purchased or constructed building into components that...
Section 1031 Exchange
A 1031 exchange lets a real estate investor sell investment or business real property and defer all capital gains...
Step-Up in Basis
The step-up in basis resets the tax basis of inherited assets to their fair market value on the owner's date of...
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