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Under rules contained in the current Internal Revenue Code, real property is not subject to depreciation recapture. However, under IRC § 1(h)(1)(D), real property that has experienced a gain after providing a taxpayer with a depreciation deduction is subject to a 25% tax rate—10% higher than the usual rate for a capital gain.
This would result in a gain of $50,000, on which the investor would typically have to pay three types of taxes: a federal capital gains tax, a state capital gains tax and a depreciation recapture tax based on the depreciation he or she has taken on the property since the investor purchased the property.
The recapture allocation is taxed at ordinary rates as excess depreciation over the years essentially reduced taxable income. The basis value is the price of the fixed asset. Tax on recapture is calculated by = (BookValue – BasisValue) x TR Capital gains tax = (BasisValue – Salvage Value) x TR/2 Disposal tax effect (DTE) = (tax on recapture ...
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Tax return laws generally prohibit disclosure of any information gathered on a state tax return. [10] Likewise, the federal government may not (with certain exceptions) disclose tax return information without the filer's permission, [ 11 ] and each federal agency is also limited in how it can share such information with other federal agencies.
Taxes can be complicated, and it's not uncommon to make a mistake on a tax return. The Internal Revenue Service recognizes this and allows taxpayers to amend their returns to correct errors they...