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Section 1250


Section 1250 refers to a provision in the United States Internal Revenue Code (IRC) that deals with the taxation of gains from the sale of depreciable real property. Under Section 1250, a portion of the gain attributable to depreciation is taxed at a higher rate than the standard capital gains rate. This provision is aimed at recapturing a portion of the depreciation tax benefit provided earlier to the property owner.


The phonetics for the keyword “Section 1250” can be represented as:/ˈsɛkʃən tuːˈɛlv ˈfɪfti/Breakdown:- Section: /ˈsɛkʃən/- 12: /tuːˈɛlv/- 50: /ˈfɪfti/

Key Takeaways

Please note that I need more context or subject matter about the specific Section 1250 you want to know about. Assuming you’re referring to Section 1250 of the Internal Revenue Code (IRC) of the United States, here are three main takeaways:

  1. Section 1250 concerns the recapture of depreciation on real property.
  2. The provision requires taxpayers to report any unrecaptured Section 1250 gains when selling or disposing of depreciable real property.
  3. The unrecaptured gain is taxed at a maximum rate of 25%, separate from the capital gains tax rate.



Section 1250 is an important term in business and finance, as it refers to the tax provisions governing depreciation recapture on depreciable real property. Essentially, it ensures that profits from the sale of such property are taxed at appropriate rates. When a property owner claims depreciation deductions on a depreciable real property, it typically reduces the property’s taxable basis, which in turn, increases the chance of higher taxable gains upon its sale. The tax code, through Section 1250, recharacterizes a portion of these gains as “unrecaptured section 1250 gain,” effectively mandating that they be taxed at a higher rate than long-term capital gains. This provision aims to discourage real estate tax strategies that involve rapid depreciation and resale, by bringing parity in tax treatment and preventing potentially abusive tax benefits.


Section 1250, part of the Internal Revenue Code, serves a crucial purpose in the financial and business domain by providing a regulatory framework for the taxation of profits derived through the depreciation of real property. The primary objective of implementing Section 1250 is to create a balance within the tax system by preventing tax avoidance tactics linked to property depreciation. It seeks to accomplish this by recapturing the depreciation taken on certain types of real properties, stratifying the difference between ordinary income and capital gains tax rates, and applying an alternative taxation rate accordingly. To understand the application of Section 1250, it is essential to recognize the context of different property types and the depreciation method utilized in real estate. Properties that fall under Section 1250 include commercial, residential, and industrial buildings, excluding land. These structures are typically depreciable using the Modified Accelerated Cost Recovery System (MACRS) over a predetermined recovery period for tax purposes. When such a property is sold, the depreciation amount taken throughout the holding period is subject to recapture, thus converting net gains from the lower capital gains tax rate into higher ordinary income tax rates. Through this mechanism, Section 1250 ensures that taxpayers are unable to exploit the depreciation system for unjust tax benefits and maintains equity within the overall tax structure.


The term “Section 1250” refers to a section of the U.S. Internal Revenue Code, which deals with the taxation of income related to the depreciation of real property. Essentially, it governs the recapture of depreciation on real estate when it is sold at a gain. Here are three real-world examples concerning Section 1250: 1. Commercial Property Sale: An investor has owned a commercial property for several years, using it as rental income. The investor was claiming allowable depreciation on the property each year. The property has now appreciated in value and the investor wants to sell the property at a gain. During the sale, the investor may be required to recapture some or all of the previously claimed depreciation under Section 1250 rules, which may result in a higher tax bill than expected due to the depreciation recapture. 2. Conversion of Personal Residence to Rental: An individual converts their personal residence into a rental property. As a rental property, the owner starts claiming depreciation deductions on the property. Later, they decide to sell the property at a gain and may be subject to Section 1250 recapture rules on the depreciation deductions they have taken. 3. Real Estate Investment Trust (REIT): A Real Estate Investment Trust (REIT) owns multiple commercial properties and regularly claims depreciation on them. When the REIT sells a property, it may be subject to Section 1250 recapture rules on the depreciation that was claimed, potentially resulting in a higher tax liability for the trust and its investors.

Frequently Asked Questions(FAQ)

What is Section 1250?
Section 1250 refers to a provision of the U.S. Internal Revenue Code that specifically deals with the taxation of gains from the sale or exchange of depreciable real property. It applies to property that has been subject to depreciation over time, such as commercial and residential rental buildings.
What types of properties are subject to Section 1250?
Section 1250 applies to depreciable real property, which includes commercial and residential rental buildings, excluding land and any property that falls under Section 1245, such as personal property or certain types of business equipment.
How does Section 1250 affect taxes on gains from property sales?
When a depreciable real property is sold at a price higher than its adjusted tax basis (purchase price minus accumulated depreciation), a gain is realized. Section 1250 mandates that gains from these sales are subject to taxation as ordinary income to the extent of any “unrecaptured Section 1250 gain,” while the remaining gain is treated as a long-term capital gain taxed at a lower rate.
What is unrecaptured Section 1250 gain?
Unrecaptured Section 1250 gain refers to the part of the gain resulting from the depreciation deductions previously taken on a property. This amount is subject to tax at a maximum rate of 25%. Essentially, it is designed to recapture a portion of the tax advantages received due to depreciation.
How do I calculate the unrecaptured Section 1250 gain?
To calculate the unrecaptured Section 1250 gain, first, determine your property’s adjusted tax basis, which is the original purchase price minus accumulated depreciation. Next, subtract the adjusted basis from the property’s selling price to find the total gain. Lastly, identify the portion of the gain attributed to accumulated depreciation; this amount is your unrecaptured Section 1250 gain.
Can I defer the tax on unrecaptured Section 1250 gain?
Yes, you can defer taxes on unrecaptured Section 1250 gain by participating in a like-kind exchange, also known as a 1031 exchange. To do this, you must follow the strict rules laid out under Section 1031 of the Internal Revenue Code, which involves exchanging your property for a new property of equal or greater value and using the equity from the sold property to purchase the new one.
Is there a way to avoid unrecaptured Section 1250 gain?
If you have never claimed depreciation on your property or have always used the straight-line method of depreciation, the unrecaptured Section 1250 gain may not apply, as it typically arises when any part of the depreciation is claimed using an accelerated method. However, it is best to consult a tax advisor to determine your specific situation.

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