Unrecaptured Section 1250 Gain
Unrecaptured Section 1250 gain is the portion of gain on sale of depreciable real property attributable to straight-line depreciation taken — taxed at a maximum federal rate of 25%, higher than long-term capital gain rates but lower than ordinary income rates.
What it means
Section 1250 of the Internal Revenue Code applies to depreciable real property. When sold at a gain, the portion of the gain equal to the depreciation deductions taken (straight-line) is 'unrecaptured Section 1250 gain,' taxed at a federal rate up to 25% (not the 20% maximum long-term capital gain rate). Any additional gain above that is long-term capital gain. This creates a two-rate treatment for gains on depreciated real estate.
This is one of the main reasons 1031 exchanges provide value — the 25% recapture rate is meaningful, and deferring it via exchange preserves those dollars in the replacement property.
Example
Sell for $2M; adjusted basis is $1.2M ($1.6M original basis minus $400K depreciation). Gain: $800K. Unrecaptured 1250: $400K taxed up to 25%. Remaining $400K: long-term capital gain at up to 20% plus 3.8% NIIT.
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