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Business & farm
Let me do a scenario with you that illustrates how this can occur.
- Imagine an investor buys an $800,000 real estate property with a 40-year useful life(this is hypothetical only). Five years later, employing the accelerated depreciation method, this investor claims accumulated depreciation expenses in the amount of $120,000, resulting in a cost basis of $680,000.
- Let us further assume that this investor unloads the property for $750,000, resulting in a $70,000 total taxable gain. Due to the fact that the accumulated straight-line depreciation amounts to $100,000 (the $800,000 initial price, divided by 40 years, multiplied by five years of use), the Internal Revenue Service must then tax $20,000 of the actual depreciation exceeding straight-line depreciation, as ordinary income. The IRS would subsequently tax the $50,000 that remains of the total gain, at applicable capital gains tax rates.
- Under Section 1250, the recapture of gain as ordinary income is restricted to the actual gain recorded on a real property sale. In our example, if the investor unloaded the real property for $690,000, thereby producing a gain of $10,000, the Internal Revenue Service would only categorize $10,000 as ordinary income, not the additional $20,000.
If we apply the above scenario to your case, it sounds like your total gain was $10,000. Your 1250 ordinary gain was $5K because of a difference between the actual depreciation taken vs the depreciation that would have been taken if the straight-line method was used. The remaining $5K is capital gains. The good news in all this is that your capital gains is taxed at the capital gains rate.
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‎April 14, 2020
12:42 PM