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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.
Any unrecaptured gain from the sale of Section 1250 real property (25%) If you have short-term capital gains (from an asset you held for less than one year), the rate for those gains is the same ...
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%.
The IRS wants to recapture some of the tax breaks you’ve been getting via depreciation throughout the years on assets known as Section 1250 property. Basically, this rule keeps you from getting ...
Capital gain (sales price – original price) and recapture depreciation which is (original cost – tax basis). The benefit is the increased capital from the appreciation of the asset which will be taxed at a new special rate depending on the tax law at the time of sale.
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).
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 ...