Nashville, TN · Member since 2017 · 12 posts · 5 votes
Hi all - 2 part question:
Scenario: Property purchased for $200,000 and put into service as rental property. Ten years later, investor moves back into the property for a period of two years and sells for $300,000. He has accumulated $30,000 in deprecation over this period. Investor wants to make use of the primary residence exclusion.
Question 1: Is the entire gain tax free for the investor, even though he only lived in the property for 2 years of the past 12, or only 1/6th of the gain tax free?
Question 2: How does deprecation recapture play into this? Is deprecation still tax free as long as the total of the gain+recapture is below $250,000, or is the deprecation recapture taxed in some other way?
Back in the day it was 100% tax free, our predecessors abused it and we’re stuck with your second guess. The percent that was used as a primary is the percent that is tax free. (1/6th in your example) (you owe taxes on 5/6ths of $100k at your capital gains rate .) ($83k give or take)
Depreciation recapture is going to be taxed at 25%. Your depreciation guess seems low unless the land was very valuable compared to the building. (In your example a guess would be 80% of the $200k was depreciable. $160k times about 4% per year times 10 years is 40%. So you took about $64k in depreciation and owe about $16k in recapture taxes.)