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Form 4797 1250 gain vs 1231

Form 4797, Part 3

 

When finding gain from sale of business property on line 24 of 4797 part III, previously reclaimed depreciation is allowed to reduce basis which means the gain reported on Sch K-1 line 9c (1250) is actually also included in the number on Sch K-1 line 10 (1231).

 

At what point does 9c 1250 gain get subtracted out of 10 to avoid paying both depreciation recapture tax ~25% and capital gains tax ~15%.  Which lines if it happens on Sch D?

 

 

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Form 4797 1250 gain vs 1231

the 1250 amount is not income on the return rather it is used to determine how much of the 1231 gain is taxed at the section 1250 rate. 

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