Depreciation Recapture

Definition: A tax provision that requires a property owner who has claimed depreciation deductions on investment property to pay tax on the previously deducted depreciation when the property is sold. The recaptured depreciation is taxed at a maximum federal rate of 25%.

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What Is Depreciation Recapture?

When a Florida real estate investor owns a rental property, they deduct depreciation from their taxable income every year. Over 27.5 years (residential) or 39 years (commercial), these deductions can total hundreds of thousands of dollars in tax savings.

But the IRS does not let investors keep those tax benefits forever. When the property is sold, the IRS "recaptures" those depreciation deductions by taxing them at a special 25% recapture rate (Section 1250 of the Internal Revenue Code). This is called depreciation recapture.

How It Works

Consider this example: An investor buys a commercial building for $1,000,000 and claims $300,000 in total depreciation deductions over 12 years. The investor then sells the building for $1,200,000.

Avoiding Recapture with a 1031 Exchange

The most powerful tool for deferring depreciation recapture is a 1031 Exchange. By reinvesting the sale proceeds into a like-kind replacement property within strict IRS timelines, the investor defers both the capital gains tax AND the depreciation recapture tax indefinitely. Many sophisticated investors use sequential 1031 exchanges throughout their career, never paying recapture until they die, at which point their heirs receive a stepped-up basis that eliminates the recapture entirely.

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Barnes Walker Tax-Optimized Dispositions

Barnes Walker's real estate tax attorneys structure Florida investment property sales to minimize depreciation recapture exposure, coordinating 1031 exchanges, installment sales, and charitable trust strategies that defer or eliminate the 25% recapture tax. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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