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sem824
New Member

donors depreciation recapture gifted property

I was gifted a property in 2009 that the donor used as a rental. the donor is now deceased, am I responsible for the recapture of the depreciation the donor took during the period they used it as a rental when I go to sell?

 

 

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2 Replies

donors depreciation recapture gifted property

Because you received the property as a gift, the adjusted basis of the donor transferred to you  and if this was rental property where depreciation was claimed, you may have to recapture some of the gain as ordinary income rather than capital-gain income. 

 

The rules are complicated so I highly recommend you seek local professional assistance if you don't want to do the research yourself. 

 

Read this thread on this topic :  https://ttlc.intuit.com/community/investments-and-rental-properties/discussion/tax-on-giving-rental-...

Hal_Al
Level 15

donors depreciation recapture gifted property

Q.   Am I responsible for the recapture of the depreciation the donor took during the period they used it as a rental when I go to sell?

A. Simple answer: yes.  The fact that the original owner is now deceased does not change the answer.  But, taxes are complicated. See Cretter-3's reply for more info. 

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