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Old 03-25-2014, 11:47 PM
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Rental becomes primary residence and recapture of depreciation

Have rented this property for four years
Moved into this rental as primary residence, eight months ago.
Some numbers:
$165,000 base
minus $25,000 depreciation claimed
$145,000 basis -CGT
House will sell for $230,000

I know I need to live in home as primary for two years to avoid CGTaxes on gain.

"However, must I pay taxes on recaptured depreciation. Are there any actions I can take to delay or avoid this large tax. It appears that it will cost me somewhere around $15,000 in taxes. Is that correct??? And if I don't continue to live here for a full two years, then my total taxes would be $25,000???

No wonder people don't want to invest any longer.


Last edited by [email protected] : 03-26-2014 at 03:08 PM. Reason: to change yellow highlighting


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Old 03-26-2014, 02:27 PM
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Join Date: Oct 2010
Posts: 4,835
Quote:
Originally Posted by [email protected] View Post
Have rented this property for four years
Moved into this rental as primary residence, eight months ago.
Some numbers:
$165,000 base
minus $25,000 depreciation claimed
$145,000 basis -CGT
House will sell for $230,000

I know I need to live in home as primary for two years to avoid CGTaxes on gain.

However, must I pay taxes on recaptured depreciation. Are there any actions I can take to delay or avoid this large tax. It appears that it will cost me somewhere around $15,000 in taxes. Is that correct??? And if I don't continue to live here for a full two years, then my total taxes would be $25,000???

No wonder people don't want to invest any longer.
Have rented this property for four years
Moved into this rental as primary residence, eight months ago.
Some numbers:
$165,000 base
minus $25,000 depreciation claimed
$145,000 basis –CGT=adj basis is $140K; $165K-$25K=$140K
House will sell for $230,000=======>>>>>>>>then, ltcg is $90K;$230K-$140k, and sec 1250 ordinry gain taxed at 25% is $25K and $65K is sec 1231 LTCG taxed at 0~15%, depending on your tax bracket.

I know I need to live in home as primary for two years to avoid CGTaxes on gain.==========>>>>>correct;you , as a Homeowner who sells your primary residence, can exclude up to $250K (or up to $500K for married couples filing jointly) in capital gains from your taxes. The amount of gain that will qualify for the exclusion is limited based on the amount of time that the house is used as a primary residence. If the house is used other than as a primary residence, capital gains must be allocated between qualifying and non-qualifying use. Any non-qualifying use can potentially reduce the amount of capital gain that can be excluded.however, ou still need to recapture your unrecaptured sec 1250 ordinarygain.

However, must I pay taxes on recaptured depreciation. Are there any actions I can take to delay or avoid this large tax. It appears that it will cost me somewhere around $15,000 in taxes. Is that correct??? ==========>>>>>>>>>UNLESS you dispose of it, you do not need to pay sec 1250 ordinary gain tax. When the rental property is sold, any passive activity losses that were not deductible in previous years become deductible in full. This can help offset the tax bite of the depreciation recapture tax.this is not your case but rental properties can be sold as part of a like-kind exchange to defer both capital gains and depreciation recapture taxes.

And if I don't continue to live here for a full two years, then my total taxes would be $25,000???=========>>>>>>>>>yes as sec 1250 ordinary gain as said above



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