JohnH2
New Member

Investors & landlords

The rental property was never a personal residence because you did not live in it for two of the five years preceding the date of sale. The rental property would not be a capital asset so the gain would not be capital gain.  There would be no exclusion of gain, either. 

If you have a gain it would be ordinary, including depreciation recapture, and would be taxable for Federal.  With respect to your state tax, the gain on the disposal of real estate is generally taxable by the state where the real estate is located, not your resident state.  The state gain calculation may be different from the Federal calculation.

[Update]

Your resident state will tax all of your income, including out-of-state gain.  Usually the resident state grants a tax credit for taxes paid to the non-resident state; but since Texas has no income tax, this will not be the case.