The sale of rental real estate assets will generally result in depreciation recapture. Depreciation recapture occurs because the depreciation expense taken over the asset's life is a reduction to the asset's adjusted cost basis.

If the property used in a trade or business is held for at least one year before it is sold, the gain will generally qualify for Section 1231 treatment. Section 1231 is the best of both worlds for a taxpayer because the gains are treated as longterm capital gains, while any losses can be treated as an ordinary loss.

Within the Section 1231 amounts on the sale of real estate, there is often unrecaptured Section 1250 gain, which is a longterm capital gain, but it is subject to taxes at ordinary income tax rates, capped at a maximum of 25%.

In this video, I cover an LLC partnership example where we have a Section 1231 gain with unrecaptured Section 1250 amounts and varying applicable tax rates for different individual investors.

For the other videos covering these topics, check below:

1. How to Record Sale on Form 4797:    • How to Complete IRS Form 4797 For the...  
2. Nonrecaptured Section 1231 Losses:    • How to File IRS Form 4797  Nonrecapt...  

For a larger database of tutorials, please visit our website and search for your question:
https://knottlearning.com/

DISCLAIMER: The information provided in this video may contain information about tax, financial, and legal topics. Such materials are for informational purposes only and may not reflect the most current developments. These informational materials are not intended and should not be taken as tax, financial, or legal advice. You should contact an advisor to discuss your specific facts and circumstances. Selfhelp services may not be permitted in all states or jurisdictions. The use of these materials does not create an attorneyclient or confidential relationship. This video does not include information about every topic or issue related to these informational materials.

#Section1250 #Section1231 #Form4797