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If you sell an investment property for more than your depreciated basis then a 25% depreciation recapture tax is assessed. So if your depreciated basis in a property is $400,000, for example, and ...
The remainder of any gain realized is considered long-term capital gain, provided the property was held over a year, and is taxed at a maximum rate of 15% for 2010-2012, and 20% for 2013 and thereafter. If Section 1245 or Section 1250 property is held one year or less, any gain on its sale or exchange is taxed as ordinary income.
Disposal tax effect (DTE) can also be negative if our asset is sold for a price greater than its purchase price but it is also equal to sum of the two tax effects. If an asset has been fully depreciated (when the aggregate tax deductions are equal to the original cost of the asset) there are no additional tax implications placed on the asset.
This provision is said to give a taxpayer the "best of both worlds" as it allows the favorable capital gains tax rate on section 1231 property while avoiding the negative implications of capital loss treatment. Ordinary losses are 100% deductible, while capital losses are subject to an annual deduction limitation of $3,000 against ordinary income.
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.
You can sell your primary residence and avoid paying capital gains taxes on the first $250,000 of your profits if your tax-filing status is single, and up to $500,000 if married and filing jointly.
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 capital gains tax rate brackets for tax year 2023 remain the same as 2022, but the IRS updated the income ranges for each bracket. Still, the long-term capital gains tax does not exceed 15% ...