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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.
Image title: U.S. Individual Income Tax Return; Author: SE:W:CAR:MP: Short title: 2011 Form 1040; Date and time of digitizing: 03:45, 18 November 2008: Software used
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1231 Property is a category of property defined in section 1231 of the U.S. Internal Revenue Code. [1] 1231 property includes depreciable property and real property (e.g. buildings and equipment) used in a trade or business and held for more than one year.
Also, investment real estate is subject to an additional tax on any depreciation taken during your ownership of the property. That is taxed at the owner’s ordinary tax rate but capped at 25 percent.
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 ...
The most common tax depreciation method used in the U.S. is the Modified Accelerated Cost Recovery System or MACRS. This accelerates depreciation and provides greater deductions in the early years.