Two Part Question on Sale of Rental Property

Two Part Question on Sale of Rental Property

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?

Thank you so much for any assistance!

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  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    7y

    @Logan I.

    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.)

  • Nashville, TN · Member since 2017 · 12 posts · 5 votes
    7y

    @Bill B.

    :(. I was afraid of that. Thank you for the explanation though!

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    7y

    No worries

    Ps. The exemption is if it was a primary first and you sell with 3 years of moving out after living there at least 2 years. 

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    7y

    @Logan I.

    It seems like you have non-qualified use of the home since the property was originally a rental turned personal residence.

    Furthermore, there is depreciation recapture on the property that will need to be considered.

    You may want to see if you can convert it back to an investment property and take advantage of section 1031 exchange.

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