DS30
New Member

Deductions & credits

It depends -

The amount subject to recapture at any disposition of property under Section 1245 or Section 1250 is defined as the lesser of the gain limitation or the "depreciation limitation" (reduced by the applicable percentage in the case of certain Section 1250 property), and the amount of gain recaptured and treated as ordinary income under those sections cannot exceed either the gain or depreciation limitations.

The Depreciation limitation would be determined by the amount of depreciation taken so if the amount of actual depreciation taken was less than the allowed depreciation calculated due to the 2% AGI limitation, then you will calculate the amount of the depreciation limitation for recapture based on the amount actually taken (if this amount was correctly calculated).

Also note that if you do not have a gain on the deemed sale of the asset, then you will not have to include any depreciation recapture.

View solution in original post