Depreciation recapture and passive losses when selling property at a loss?

Depreciation recapture and passive losses when selling property at a loss?

San Francisco, CA · Member since 2015 · 2 posts · 0 votes

I have a rental property with the following situation:

-$155K of passive carryover losses

-$100K of depreciation taken

-$700K adjusted cost basis (purchase price less depreciation)

- $775K net sale (selling price less realtor fees)

So my question is:

1. Under this situation I owe no capital gains but I owe 25% recapture depreciation x $75K for federal taxes?

2. What happens to the $25K of the $100K total depreciation that wasn't recaptured?

3. Can I still apply the full $155K of passive carryover losses to my ordinary income or will this be reduced by the $25K deprecation that wasn't recaptured?

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Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
11y
Originally posted by @Armeen Mazda:

I have a rental property with the following situation:

-$155K of passive carryover losses

-$100K of depreciation taken

-$700K adjusted cost basis (purchase price less depreciation)

- $775K net sale (selling price less realtor fees)

So my question is:

1. Under this situation I owe no capital gains but I owe 25% recapture depreciation x $75K for federal taxes?

2. What happens to the $25K of the $100K total depreciation that wasn't recaptured?

3. Can I still apply the full $155K of passive carryover losses to my ordinary income or will this be reduced by the $25K deprecation that wasn't recaptured?

1. You will only pay the recapture up to that point. 

2.  It is carried forward until such time as it may be applied to a future gain.

3. Yes, that will be applied at such time and NO it will not be reduced by the 25k of un-recaptured depreciation.

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  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    11y
    Originally posted by @Armeen Mazda:

    I have a rental property with the following situation:

    -$155K of passive carryover losses

    -$100K of depreciation taken

    -$700K adjusted cost basis (purchase price less depreciation)

    - $775K net sale (selling price less realtor fees)

    So my question is:

    1. Under this situation I owe no capital gains but I owe 25% recapture depreciation x $75K for federal taxes?

    2. What happens to the $25K of the $100K total depreciation that wasn't recaptured?

    3. Can I still apply the full $155K of passive carryover losses to my ordinary income or will this be reduced by the $25K deprecation that wasn't recaptured?

    1. You will only pay the recapture up to that point. 

    2.  It is carried forward until such time as it may be applied to a future gain.

    3. Yes, that will be applied at such time and NO it will not be reduced by the 25k of un-recaptured depreciation.

  • San Francisco, CA · Member since 2015 · 2 posts · 0 votes
    11y
    Thanks @Steven Hamilton II!

    I forgot to mention I will also have a capital gain loss on the property (net selling price - original purchase price).  

    So is it correct that I can also carry over these capital losses along with the uncaptured depreciation to apply to future capital gains?

    Will this only be triggered when I have gains from another investment property or will it be triggered if I sell my primary residence?
  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    11y

    You will have an ordinary loss that will be triggered that year that will offset your other income NOT just capital gains. (no carryover unless a NET operating loss occurs)  *That means it would offset ALL of your income and then some.

    Depreciation that is not recaptured will carry over several years until used.

  • Rental Property Investor · San Francisco, CA · Member since 2016 · 215 posts · 42 votes
    7y

    @Steven Hamilton II upon sale of this property, don't the passive carryover losses get added to the adjusted cost basis? So his new cost basis should be $855k and thus, no taxes owed regarding the recapture depreciation?

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    7y

    @Cliff T.

    Carryover losses have nothing to do with basis. They are simply released at the time of sale and can be applied against any income, including W2 income, as @Steven Hamilton II explained.

    However, I'm not sure what Steven meant with his #2 point about the excess depreciation when he said "2. It is carried forward until such time as it may be applied to a future gain." and "Depreciation that is not recaptured will carry over several years until used."

    I don't believe this is so. That unrecaptured depreciation was figured into the sales numbers, and it dies with the sale.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    7y
    Originally posted by @Cliff T.:

    @Steven Hamilton II upon sale of this property, don't the passive carryover losses get added to the adjusted cost basis? So his new cost basis should be $855k and thus, no taxes owed regarding the recapture depreciation?

     No, they do not. They are treated entirely separate and actually in a much more favorable way. They offset against your HIGHEST tax rate as opposed to capital gain rates.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    7y
  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    7y
    Originally posted by @Michael Plaks:

    @Cliff T.

    Carryover losses have nothing to do with basis. They are simply released at the time of sale and can be applied against any income, including W2 income, as @Steven Hamilton II explained.

    However, I'm not sure what Steven meant with his #2 point about the excess depreciation when he said "2. It is carried forward until such time as it may be applied to a future gain." and "Depreciation that is not recaptured will carry over several years until used."

    I don't believe this is so. That unrecaptured depreciation was figured into the sales numbers, and it dies with the sale.

     I was referring to any PAL that was carried forward until the sale itself. 

  • Member since 2019 · 1 post · 0 votes
    7y

    Is the annual depreciation minus the profit being offset by the depreciation my passive loss carryover for the year?  

    For example: I purchase a $275,000 rental property.  Annual rental income is $5,000.  Annual depreciation is $10,000.

    I claim $0 annual profit.  

    Do I claim $5,000 passive loss carryover each year?  Then when selling the property  after a year for $275,000, do I pay 25% tax on the $10,000 gain ($275,000-adjusted cost basis of $265,000)?  ...but use the $5,000 passive loss carryover to reduce my income? 

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

    Many posts talk a out the unused depreciation capture living on. 

    Does this mean any future real estate the op sells will have the depreciation recapture amount and taxes tacked on top of it? 

    If so, is that the only case where it will be revived? (Imagine a world where this is their only real estate investment does it apply to any other sales of assets or sources of income?) does it die with the OP when he passes?

    Thanks. 

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