In general, the recapture rules under Sections 1245 and 1250 are equally applicable to both individual and corporate taxpayers. However,
corporations may have more depreciation recapture (ordinary income) on the disposition of § 1250 property than individuals.
Post-Submission
Answers: $0; $57,498; $429,994; $487,492.
The recapture rules under §§ 1245 and 1250 are equally applicable to both individual and corporate taxpayers. However, corporations may have
more depreciation recapture (ordinary income) on the disposition of § 1250 property than individuals. Under § 291, a corporation will have
additional ordinary income equal to 20% of the excess of the amount of depreciation recapture that would arise if the property was § 1245
property over the amount of depreciation recapture computed under § 1250 (without regard to § 291). As a result, the § 1231 portion of the
corporation's gain on the disposition is correspondingly reduced by the additional recapture.
Under § 1250, recapture is limited to the excess of accelerated depreciation over straight-line depreciation. In general, only straight-line
depreciation is allowed for real property placed in service after 1986; thus, there will usually be no depreciation recapture on the disposition of §
1250 property (without regard to § 291). In contrast, all depreciation taken on § 1245 property is subject to recapture under that provision.
First, determine the recognized gain:
Sales price
$850,000
Less adjusted basis:
Cost of property
$650,000
Less cost recovery
(287,492) (362,508)
Recognized gain
$487,492
Second, determine the § 1245 recapture potential. This is the lesser of $487,492 (recognized gain) or $287,492 (cost recovery claimed).

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- Fall '17
- Depreciation, Taxes