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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.
Any unrecaptured gain from the sale of Section 1250 real property is taxed at a maximum 25% rate. Short-term capital gains are taxed as ordinary income according to the taxpayer’s tax bracket.
Separately, the tax on collectibles and certain small business stock is capped at 28%. The tax on unrecaptured Section 1250 gain — the portion of gains on depreciable real estate (structures used for business purposes) that has been or could have been claimed as depreciation — is capped at 25%.
Any unrecaptured gain from the sale of Section 1250 real property (25%) High net worth investors may have to pay a net investment income tax on top of the 20% they owe (3.8%)
A taxpayer can calculate net 1231 gains and losses, often referred to as the hotchpot, as capital gains, with the caveat that if the gain is less than any “non-recaptured losses” from the preceding five years, it is re-characterized as ordinary income [2] and is reported with Form 4797. “Non-recaptured loss” is covered by 1231(c).
Any unrecaptured gain from the sale of Section 1250 real property is taxed at a maximum 25% rate. Short-term capital gains are taxed as ordinary income according to the taxpayer’s tax bracket.
The recapture of depreciation is calculated by how much the company has over-depreciated the asset in its life. 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.
Capital gains refer to an increase in the value of an asset, such as a stock or a bond. If the investor sells that appreciated asset, it creates a realized capital gain, which is taxable.