This can lead to a
recapture of depreciation, which is taxable as corporate in: come, and a taxable capital gain on the sale.
Even after utilisation of available net operating loss carry forwards, classifying Equinix assets as real estate is expected to result in a tax liability due to the reclassification to real property of certain assets that had been depreciated and amortized as personal property and the resulting recapture of depreciation and amortisation expenses.
The total recapture of depreciation and amortisation expenses across all relevant assets is expected to result in US tax liabilities of approximately USD340m to USD420m, which have been accrued as income tax liabilities on Equinix's balance sheet.
* These side effects include, in taxable exchanges of cost-segregated property, possible
recapture of depreciation under Sec.
(60) The portion of that gain equal to the depreciation deductions allowed to B will constitute ordinary income under the recapture of depreciation rules.
There is no reason that the gain that B recognized on the sale of that income interest, other than the recapture of depreciation element, will not receive capital gain treatment.
If not related to the buyer, the seller of business assets is entitled to report capital gain.6 The major exceptions relate to 1)
recapture of depreciation, 2) appreciated inventory, and 3) accounts receivable owned by cash-method taxpayers.
And remember, the tax on
recapture of depreciation (cost recovery) is 25 percent.
(The tax rate for a high-income taxpayer is 25% on the
recapture of depreciation, while the regular tax rate is used for the
recapture of depreciation for a low-income individual.)
1250
recapture of depreciation on residential rental property and nonresidential real property placed in service after December 31, 1986, and on substantial improvements thereto, is not required since that property must be depreciated under the straight-line method thus resulting in no excess depreciation.
The transfer of property, other than by sale or exchange, from the individual debtor to the estate is not treated as a disposition for any provision of the Code (e.g., gain or loss,
recapture of depreciation, recapture of investment tax credits, etc.) (Sec.