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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.
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%)
As inherited assets are automatically revalued to their current or "stepped-up" basis, any capital gains are permanently exempted from taxation. Family farms and small businesses could qualify for an exemption of $1.3 million, effective 1998. Starting in 1999, the $10,000 annual gift tax exclusion was to be corrected for inflation.
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 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 ...
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.
While long-term capital gain rates can be 0%, 15% or 20%, keep in mind that any gain that exceeds the exclusion limit may also be subject to the net investment income tax (NIIT), a 3.8% tax that ...