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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 (25%) High net worth investors may have to pay a net investment income tax on top of the 20% they owe (3.8%)
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 is taxed at a maximum 25% rate. Short-term capital gains are taxed as ordinary income according to the taxpayer’s tax bracket.
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.
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.
Exceptions include the higher 25% tax rate on unrecaptured Section 1250 gains, which is a type of depreciation-recapture income realized on the sale of depreciable real estate, and the 28% tax ...
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