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Level 2
posted Mar 27, 2021 2:12:55 PM

Do I need to recapture home office depreciation taken prior to May 6, 1997? If so, what is the significance of this date?

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1 Best answer
Level 15
Mar 27, 2021 3:13:36 PM

That is the date the law changed so that you can use the $250,000/$500,000 exclusion on the sale of your Principal Residence.

 

Depreciation before that date is eligible to be covered by the $250,000/$500,000 exclusion.  Depreciation after that date is not eligible to be covered by that provision.

4 Replies
Level 2
Mar 27, 2021 2:20:53 PM
Level 15
Mar 27, 2021 3:09:34 PM

I can't answer this with any degree of certainty. I also think that there's something about depreciation recapture on property placed in service before 1987 also. But don't know any of the particulars on that. A preliminary search of Pub 523 and 527 doesn't cause anything to "jump out" at me either.

Level 15
Mar 27, 2021 3:13:36 PM

That is the date the law changed so that you can use the $250,000/$500,000 exclusion on the sale of your Principal Residence.

 

Depreciation before that date is eligible to be covered by the $250,000/$500,000 exclusion.  Depreciation after that date is not eligible to be covered by that provision.

Level 2
Mar 27, 2021 3:31:04 PM

So, does the pre 1997 depreciation have to be recaptured?