Investors & landlords

there can be no 1250 recapture when depreciable real property is sold at a loss.  The purpose of 1250 recapture is to tax gain up to the amount of depreciation at a rate that is usually higher that the rate on the remaining long-term cap gain portion

 

U.S. Code § 1250 - Gain from dispositions of certain depreciable realty

 

 

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