DianeW777
Employee Tax Expert

Business & farm

It depends. Form 4797 will sort it out as far as capital gain and the portions taxed at different rates. For rental property (not any appliances or equipment not attached to the building) also has a capital gain rate. Any gain in excess of the recapture amount will be taxed as indicated by @CesarJ  at the capital gains tax rates. 

 

The $70k would be taxed as Section 1250 property and has a maximum rate of 25%. If your total gain was $120K including the recapture amount then you should not see $190 on your form 1040, Line 7a.  If the combined gain is $190k then you do see the correct amount.

 

The amount of gain up to the amount of depreciation claimed would be subject to a maximum rate of 25%, while any excess gain if applicable, would receive the lower 0% - 20% depending on income level, if the holding period was greater than one year. Both of these amounts will end up on Schedule D, then Form 1040.  It begins on Form 4797 and transfers.

@tcampbe962 

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