You might be able to minimize the tax hit from depreciation recapture. Potential strategies include purchasing replacement property in a Section 1031 exchange, timing the sale of business property to when you're in a lower tax bracket, and investing in a Qualified Opportunity Fund.
Sections 1245 and 1250 were enacted to close the loophole that resulted from allowing depreciation deductions on assets to offset ordinary income while taxing gain from the sale of these depreciated assets as capital gains.
Unrecaptured Section 1250 gains are usually taxed at a 25% maximum rate. Section 1250 gains can be offset by Section 1231 capital losses. Section 1250 applies to real property, whereas Section 1245 applies to personal property.
Moving Back In to Save on Taxes
Moving back into your rental to claim the primary residence gain exclusion does not allow you to exclude your depreciation recapture, so you might still owe a hefty tax bill after moving back, depending on how much depreciation was deducted (IRS, 2023).
How Can Individuals Avoid Depreciation Recapture? Depreciation recapture can be costly when selling something like real estate. Other than selling the property for less, which isn't a favorable option, ways around it could include using the IRS Section 121 exclusion or passing the property to your heirs.
If you like your rental property enough to live in it, you could convert it to a primary residence to avoid capital gains tax. There are some rules, however, that the IRS enforces. You have to own the home for at least five years. And you have to live in it for at least two out of five years before you sell it.
Since most depreciable real property is depreciated under the straight-line method, true section 1250 recapture generally does not apply. Some circumstances where it may apply is where accelerated and/or bonus depreciation property is taken on real property such as land improvements or qualified improvement property.
Depreciation expense taken by a real estate investor is recaptured when the property is sold. Depreciation recapture is taxed at an investor's ordinary income tax rate, up to a maximum of 25%. Remaining profits from the sale of a rental property are taxed at the capital gains tax rate of 0%, 15%, or 20%.
Capital losses that exceed capital gains in a year may be used to offset capital gains or as a deduction against ordinary income up to $3,000 in any one tax year. Net capital losses in excess of $3,000 can be carried forward indefinitely until the amount is exhausted.
If those fees cost you $300, you'd subtract that from the sale price. This value would be your net proceeds. You'd then subtract $12,000 from that value to earn a realized gain of $1,500. However, if there was a loss at the point of the depreciated asset's sale, you wouldn't be able to recapture a depreciation.
Under section 121 of the Internal Revenue Code, you may be able to exclude much of the gain from the sale of your main home that you also used for business or to produce rental income, if you meet the ownership and use tests.
Investors can defer depreciation recapture by engaging in a 1031 property exchange, also called a like kind exchange. The specific rules of a 1031 Exchange are outlined in section 1031 of the internal revenue code, but they can be complex.
Depreciation is a valuable deduction for rental property owners since it helps offset natural wear and tear or damages that happen over time. However, if you plan on selling the property, depreciation that's been taken out must be recaptured and paid back to the government.
The downside of depreciation is depreciation recapture, which rears its claws upon sale of a depreciated asset. Depreciation recapture is the portion of your gain attributable to the depreciation you took on your property during prior years of ownership, also known as accumulated depreciation.
This increase in depreciation expense causes your current losses to exceed $100,000 and allows you to offset the entire capital gain from sale. Check out more topics on rental property tax deductions: Rental Property Accounting Basics.
If the investor's property has been depreciated over many years, the additional depreciation — the part subject to “recapture” — may be relatively small. As a result, a significant portion of the gain due to depreciation may be treated as a long-term capital gain that can be offset with capital losses.
You can recover some or all of your improvements by using Form 4562 to report depreciation beginning in the year your rental property is first placed in service, and beginning in any year you make an improvement or add furnishings. Only a percentage of these expenses are deductible in the year they are incurred.
Determine Depreciation Recapture Value
Once you calculate whether the sale of your property is a net gain or loss, you can determine its depreciation recapture value. To calculate a property's depreciation recapture value, subtract the adjusted cost basis from the original cost basis.
Maximum Recapture Amount? The federally-subsidized amount which is 6.25%, multiplied by the highest principal amount of the mortgage, multiplied by the holding period percentage.
The recapture amount is included on line 31 (and line 13) of Form 4797. See the instructions for Part III. If the total gain for the depreciable property is more than the recapture amount, the excess is reported on Form 8949.
An easy and impactful way to reduce your capital gains taxes is to use tax-advantaged accounts. Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes on assets while they remain in the account.
Use a 1031 Exchange to Defer Capital Gains
It's a popular way to defer capital gains taxes when selling a rental home or even a business. Often referred to as a “like-kind” exchange, this tax deferment strategy is defined in Section 1031 of the Internal Revenue Code.
The total of all depreciation taken is the amount of gain that is subject to depreciation recapture tax. The federal tax rate for depreciation recapture is 25%.