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Updated almost 8 years ago on . Most recent reply

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Rizwan Misbah
  • Carol Stream, IL
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1031 Exchange, 1250 Recapture

Rizwan Misbah
  • Carol Stream, IL
Posted

Hi everyone, long time lurker, first time poster. Had a question regarding a partial 1031 exchange and how 1250 depreciation recapture is calculated, facts are below.

12/1985 - 2 flat property purchased for $60k, residential rental real estate (fully depreciated today, 0 tax basis)

6/2016 - enters into 1031 exchange, sells above property for $150k, receives property (also residential real estate), FMV of $100k, $50k in cash also received.

So we are deferring the $100k of gain due to the 1031, and recognizing the $50k as capital gain. My question is regarding the 1250 depreciation recapture. Do I split the recapture amount pro rata and $40k of it stays with the exchanged property and recognize $20k in recapture and $30k as cap gain?

Or do I recognize all $50k as recapture and the remaining $10k stays with the deferred? Or can I push all the recapture to the basis of the new exchanged property and not recognize any depreciation recapture this year?

I don't plan on selling this property in my lifetime (you never know) and will pass on to children who can benefit from the step up to FMV when I am gone.

Any help is greatly appreciated.

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