Section 1250

Section 1250

A section of the Internal Revenue Code that the IRS uses to maximize tax revenue from depreciating assets by requiring the profit on the sale of a depreciating asset to be reported as ordinary income rather than capital gain. Because capital gains are taxed at a lower rate than most ordinary income, the IRS uses Section 1250 to make up for some of the tax revenue lost in the depreciating asset. This is called recapture of depreciation; it is assessed if the assets are sold for a price higher than their depreciated value. For example, suppose one buys a computer for $700 and, after a year, it depreciates to $600. If one then sells the computer for $650, one has recaptured $50 worth of depreciation. This $50 is taxed as ordinary income.
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Section 1250

When real property is sold, gain must be recaptured as ordinary income to the extent of the depreciation claimed in excess of straight line. Section 1250 is the section of the Internal Revenue Code that requires this treatment. Also see "Recapture of Depreciation."
Copyright © 2008 H&R Block. All Rights Reserved. Reproduced with permission from H&R Block Glossary
References in periodicals archive ?
The higher rates of 25% for certain depreciated property (technically unrecaptured IRC section 1250 gain) and 28% for collectibles continues to apply post-TCJA.
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Sale Sale Adjusted Price Expense Basis Gain Inventory $10,000 $500 $8,000 $1,500 Land 42,000 2,100 15,000 24,900 Building 48,000 2,400 36,000 9,600 Machine A 71,000 3,550 63,800 3,650 Machine B 24,000 1,200 22,040 760 Truck 6,500 325 5,376 799 Goodwill $201,500 925 -0- 17,575 $220,000 $11,000 $150,216 $58,784 The building was acquired in 2002, the year the business began, and it is Section 1250 property.
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(3q) In the case of an installment sale of IRC Section 1250 property (i.e., generally, most real estate subject to the allowance for depreciation under IRC Section 167, (4q) regulations state that unrecaptured IRC Section 1250 gain (which is generally taxed at a maximum marginal rate of 25%--see Q 7524) must be taken into account before any adjusted net capital gain (taxed at a maximum of 15%/0%--see Q 7524).
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In summary, there are essentially four groups of capital assets: (A) short-term capital assets which are taxed at normal rates; (B) 28 percent capital assets, generally consisting of collectibles gain or loss, and IRC Section 1202 gain (qualified small business stock, see page 508); (C) 25 percent capital assets, consisting of assets that generate unrecaptured IRC Section 1250 gain; and (D) 15 percent and 5 percent capital assets, consisting of all other long-term capital assets.
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