Selling a Rental Property: Capital Gains + Depreciation Recapture Tax (2026)

Most rental-property owners expect to pay long-term capital gains when they sell — and miss the second bill entirely: Section 1250 depreciation recapture. The IRS taxes all those annual depreciation deductions back at up to 25%, whether you claimed them or not. Brian's video walks through the mechanics. This editorial companion adds the IRS primary-source framework: the two-part gain split, the 'allowed or allowable' trap, NIIT, and 1031 like-kind exchanges.

Key takeaways

  • Selling a rental property triggers two separate tax mechanisms: (1) long-term capital gains on the appreciation above your original cost basis, and (2) Section 1250 depreciation recapture — taxed at a maximum 25% rate on the cumulative depreciation you claimed over the years. Both hit on the same sale.
  • The 'allowed or allowable' rule is the #1 trap: the IRS taxes back depreciation you COULD have claimed, even if you never did. Owners who skipped depreciation for years still owe recapture at sale time. Source: IRS Publication 527.
  • Residential rental property is depreciated over 27.5 years using straight-line MACRS. The total depreciation accumulated over your holding period is the amount subject to recapture. Source: IRS Publication 527.
  • A 1031 like-kind exchange can DEFER both the capital gains tax and the depreciation recapture — but not eliminate them. Strict IRS timelines apply: 45 days to identify replacement property, 180 days to close. Post-TCJA (2018), only real property qualifies. Source: IRS Publication 544.
  • The 3.8% Net Investment Income Tax (NIIT) may apply on top of capital gains and recapture if your MAGI exceeds $200,000 (single) or $250,000 (married filing jointly). Source: IRS Topic 559.
  • Track your cost basis, all improvements, closing costs, and depreciation claimed (Form 4562 each year) from day one. Missing records at sale make it nearly impossible to calculate gain correctly.
  • ClearValue Lending is not a CPA — consult a qualified tax professional for advice on your specific situation.

Tax disclaimer

ClearValue Lending is not a CPA, tax advisor, or registered investment advisor. This article is general tax education about how the IRS taxes rental property sales. It is not personalized tax or investment advice. Tax rules change — verify current rates, thresholds, and requirements at IRS.gov and with a qualified tax professional before acting on any information here.

Selling a rental property triggers two federal taxes: capital gains tax on your profit (up to 23.8% including the Net Investment Income Tax) and depreciation recapture taxed at up to 25% on every depreciation deduction you've claimed (IRS Publication 544). Most owners think long-term capital gains and stop there — what surprises them is that second layer the IRS adds on top. Every year you depreciated the property, you reduced your tax bill by deducting wear-and-tear. When you sell, the IRS claws back those deductions at a flat 25% rate.

How the gain is calculated — the two-part split

The tax math starts with your adjusted basis: purchase price, plus improvements and closing costs you capitalized, minus all depreciation you claimed (or could have claimed) over your holding period. The difference between your net sale proceeds and your adjusted basis is your total gain. That gain splits into two pieces for tax purposes.

The two-part gain split at sale

Gain componentWhat it representsTax rate
Depreciation recapture (Section 1250)Cumulative depreciation claimed (or allowable)Up to 25% maximum rate
Remaining capital gainAppreciation above original cost basis0%, 15%, or 20% long-term capital gains rate

Example: You buy a residential rental for $300,000 (land $50,000, structure $250,000). Over 10 years you depreciate the structure at $250,000 ÷ 27.5 years = $9,091/year × 10 years = $90,909 in cumulative depreciation. Your adjusted basis is now $300,000 − $90,909 = $209,091. You sell for $400,000 net. Total gain: $190,909. Of that, $90,909 is subject to depreciation recapture (up to 25%), and the remaining $100,000 is subject to long-term capital gains rates. This is a simplified illustration — consult a CPA for your specific numbers.

27.5-year depreciation and the 'allowed or allowable' rule (IRS Pub 527)

  • Residential rental property — buildings and structures where 80% or more of gross rental income is from dwelling units — must be depreciated over a 27.5-year recovery period using the straight-line method under MACRS. The mid-month convention applies: depreciation begins in the month the property is placed in service, treated as beginning at the mid-point of that month. Land is not depreciable and must be separated from the structure's cost basis. IRS Publication 527 — Residential Rental Property
  • The 'allowed or allowable' rule: when calculating adjusted basis for purposes of gain or loss on a sale, basis must be reduced by depreciation that was 'allowed or allowable' — meaning the amount actually claimed OR the amount that could have been claimed, whichever is greater. An owner who never claimed depreciation cannot avoid basis reduction; the IRS treats the basis as if depreciation was taken. This means depreciation recapture at sale applies even if the owner skipped deductions in prior years. IRS Publication 527 — Residential Rental Property

Section 1250 recapture — the max 25% rate

Section 1250 of the tax code governs depreciation recapture on real property. For residential rental property depreciated under straight-line MACRS (the only method allowed since 1987), the recapture is called 'unrecaptured Section 1250 gain.' The IRS taxes it at a maximum rate of 25% — higher than the standard 15% or 0% long-term capital gains rate, but lower than ordinary income rates. The recapture amount equals the total depreciation allowed or allowable over your holding period.

Section 1250 recapture mechanics and Form 4797 (IRS Pub 544)

  • Unrecaptured Section 1250 gain — the portion of a real property gain attributable to depreciation claimed under straight-line MACRS — is taxed at a maximum rate of 25%. This rate applies only to the depreciation portion of the gain; any remaining gain above the original cost basis is taxed at the applicable long-term capital gains rate (0%, 15%, or 20% depending on taxable income). The recapture amount equals the depreciation 'allowed or allowable' over the holding period. Taxpayers compute Section 1250 gain on Form 4797 (Sales of Business Property), specifically in the 'Gain Treated as Ordinary Income' section. IRS Publication 544 — Sales and Other Dispositions of Assets
  • Section 1245 recapture (for personal property like equipment, vehicles, and appliances) is reported as ordinary income at the taxpayer's full marginal rate. Section 1250 recapture on real property is softer: the unrecaptured gain is capped at 25%. The distinction matters if you also sold depreciable personal property along with the building — a common scenario when a furnished rental or commercial building with equipment changes hands. IRS Publication 544 — Sales and Other Dispositions of Assets
The biggest shock at sale isn't capital gains — it's depreciation recapture. The IRS doesn't care whether you actually claimed the deduction. If you could have claimed it, they tax it back. Owners who skipped depreciation for years to 'keep it simple' still owe recapture on every year they held the property.
— Brian's ClearValue Lending Team

Long-term capital gains rates on the remaining appreciation

The gain above your original cost basis — the appreciation portion — is taxed at long-term capital gains rates if you held the property for more than one year. The IRS sets three rate tiers based on taxable income.

Long-term capital gains rates (IRS Topic 409)

  • Long-term capital gains rates for 2026: 0% for taxable income up to $49,450 (single) / $98,900 (married filing jointly); 15% for income between those thresholds and $545,500 (single) / $613,700 (MFJ); 20% for income above those upper thresholds. These rates apply to the appreciation portion of gain on a rental property sale — the portion above original cost basis, after the depreciation recapture piece is separately accounted for. Source: IRS Topic No. 409 (figures per IRS 2026 inflation adjustments; verify current-year thresholds at irs.gov/taxtopics/tc409 before filing). IRS — Topic No. 409 Capital Gains and Losses

The 3.8% Net Investment Income Tax (NIIT)

If your modified adjusted gross income (MAGI) exceeds the NIIT thresholds, an additional 3.8% tax applies to the lesser of your net investment income or the amount your MAGI exceeds the threshold. Rental property gain — including both the capital gain portion and the recaptured depreciation portion — counts as net investment income. This is a separate layer on top of both capital gains tax and depreciation recapture.

NIIT thresholds and scope (IRS Topic 559)

  • The 3.8% Net Investment Income Tax applies to individuals whose MAGI exceeds $200,000 (single or head of household), $250,000 (married filing jointly), or $125,000 (married filing separately). Net investment income includes gains from selling investment real estate, rental income not derived from active business operations, and investment interest. Taxpayers compute NIIT liability on Form 8960. Source: IRS Topic No. 559. IRS — Topic No. 559 Net Investment Income Tax

1031 like-kind exchange — deferral, not elimination

A Section 1031 like-kind exchange allows you to sell a rental property and defer both the capital gains tax and the depreciation recapture — but only if you reinvest the proceeds in a qualifying replacement property under strict IRS timelines. The taxes are deferred to a future sale, not forgiven. If you hold the replacement property until death, your heirs receive a stepped-up basis — effectively eliminating the deferred gain — but this depends on estate tax law as it exists at that time.

1031 exchange rules — timelines and post-TCJA scope (IRS Pub 544)

  • Under IRS Section 1031, a like-kind exchange allows deferral of both capital gains tax and depreciation recapture when investment property is exchanged for qualifying replacement property. Post-Tax Cuts and Jobs Act (TCJA, effective 2018), Section 1031 exchanges are limited to real property only — personal property (equipment, vehicles, artwork) no longer qualifies. Critical timelines: (1) the replacement property must be identified in writing within 45 days of closing the sale of the relinquished property; (2) the replacement property must be received (closed) within 180 days of the sale, or by the due date of the tax return (including extensions) for the tax year of the sale, whichever is earlier. A qualified intermediary (QI) must hold the exchange proceeds — the taxpayer cannot receive or control the funds during the exchange period. Source: IRS Publication 544. IRS Publication 544 — Sales and Other Dispositions of Assets

Section 121 home-sale exclusion — a narrow exception

If the property was your primary residence for at least two of the five years immediately before the sale, you may be eligible for the Section 121 exclusion ($250,000 for single filers, $500,000 for married filing jointly). The exclusion applies to the capital gain portion only — depreciation recapture is never excluded under Section 121. And if the property has been used as a rental during the five-year lookback period, the exclusion may be partially limited. The rules here are narrow and fact-specific; a CPA is essential.

The recordkeeping imperative

Accurate gain calculation at sale depends entirely on records you create from day one. Missing records don't reduce your tax obligation — the IRS will apply the most unfavorable interpretation. Keep all of the following for the life of the investment and at least three years after sale.

  • Purchase settlement statement (HUD-1 or Closing Disclosure) — original cost basis
  • Records of all capital improvements (not repairs) — increases your basis
  • All Form 4562 filings from each tax year — documents depreciation actually claimed
  • Sale settlement statement — net proceeds, selling costs
  • Any prior 1031 exchange records — the carryover basis from a prior exchange affects your current gain calculation

SMB owners with rental holdings — the back-end tax surprise

Many small business owners hold rental properties as part of their retirement or wealth-building strategy. When it's time to exit — whether to fund a business expansion, transition the business, or retire — the tax consequences on that rental sale can significantly reduce expected net proceeds. If you're looking to capitalize on real-estate equity or fund your next business move, ClearValue Lending can help match you to financing options that fit your situation.

Related resources

Frequently asked questions

What is depreciation recapture on a rental property sale?

When you own rental property, the IRS allows you to deduct a portion of the building's cost each year as depreciation (27.5-year straight-line for residential rental under MACRS). Those annual deductions reduce your taxable income while you own the property. When you sell, the IRS taxes back that cumulative benefit. The 'recaptured' depreciation — called unrecaptured Section 1250 gain for real property — is taxed at a maximum rate of 25%, separately from the capital gain on appreciation. Source: IRS Publication 544.

Do I owe depreciation recapture if I never claimed depreciation?

Yes. The IRS 'allowed or allowable' rule means your cost basis is reduced by depreciation you could have claimed, even if you didn't. An owner who never filed a depreciation deduction still has an adjusted basis as if they had — and therefore still owes recapture at sale based on all the years depreciation was available. Skipping depreciation deductions doesn't avoid recapture; it just means you paid higher taxes while you owned the property AND owe recapture at sale. Source: IRS Publication 527.

How does a 1031 exchange defer depreciation recapture?

In a Section 1031 like-kind exchange, you reinvest the proceeds from the sale of one investment property into a qualifying replacement property, following strict IRS timelines (45-day identification / 180-day close). The gain — including both the capital gain portion and the accumulated depreciation recapture — is not recognized at the time of the exchange. Your basis in the replacement property carries over from the relinquished property, meaning the deferred taxes will come due when you eventually sell the replacement property (unless you exchange again or hold until death). The taxes are deferred, not forgiven. Source: IRS Publication 544.

What is the difference between Section 1250 and Section 1245 recapture?

Section 1245 applies to depreciable personal property — equipment, vehicles, machinery, and appliances. Section 1245 recapture is taxed as ordinary income at your full marginal rate. Section 1250 applies to real property (buildings, structures). For real property depreciated under straight-line MACRS (the only method allowed since 1987), the recapture is 'unrecaptured Section 1250 gain' and is capped at a 25% maximum rate — softer than ordinary income rates. If you sold a rental property that includes appliances, fixtures, or equipment that were separately depreciated, both sections may apply to different components of the sale. Source: IRS Publication 544.

Can I avoid both capital gains and recapture by gifting the property?

Gifting the property to another person defers the tax but doesn't eliminate it — the recipient takes your adjusted (depreciated) basis, so the gain and recapture carry to them and come due when they sell. If you gift appreciated property to a qualifying charity, you may receive a charitable deduction for the fair market value and avoid recognizing the gain yourself, subject to AGI limitations and IRS rules on charitable contributions of real property. If you hold the property until death, your heirs receive a stepped-up basis to fair market value, which can effectively eliminate the embedded gain — but this depends on estate tax law as it stands at the time. These strategies are tax-planning-level decisions that require a CPA or estate attorney.

How do I calculate depreciation recapture step-by-step before I sell?

Four steps: (1) Find your original cost basis — purchase price plus capitalized improvements and closing costs, less any depreciation you claimed (or could have claimed) on Form 4562 each year. (2) Calculate your adjusted basis: original cost minus cumulative depreciation 'allowed or allowable.' (3) Subtract adjusted basis from net sale proceeds (after selling costs) to get total gain. (4) Split the gain: the portion equal to total depreciation claimed is the unrecaptured Section 1250 gain (taxed at up to 25%); any remaining gain above the original cost basis is the capital gain portion (taxed at 0%, 15%, or 20%). You report this on Form 4797 (Sales of Business Property) and carry the amounts to Schedule D and Form 1040. Example: $90,909 cumulative depreciation on a property sold for a $190,909 total gain — the first $90,909 goes on Line 26/32 of Form 4797 as unrecaptured Section 1250 gain; the remaining $100,000 flows to Schedule D as long-term capital gain. Source: IRS Publication 544 (Form 4797 instructions).

Does an installment sale let me spread out depreciation recapture over multiple years?

No. This is one of the most costly installment-sale surprises: depreciation recapture under Section 1245 and Section 1250 must be recognized in full in the year of sale, regardless of how the payments are structured. You cannot defer recapture income across the installment period — only the capital gain portion above original basis can be spread proportionally over the years you receive payments. If you sell a rental property for $500,000 and receive a $100,000 down payment in Year 1, you still report the entire depreciation recapture amount on your Year 1 return even though you haven't yet received most of the proceeds. This can create a significant tax liability in Year 1 without the cash to cover it. Source: IRS Publication 537 (Installment Sales).

Can capital losses from stocks or other investments offset my depreciation recapture?

Partially. Capital losses from other investments (stocks, other property) can offset the capital gain portion of your rental property sale — the appreciation above your original cost basis. However, capital losses cannot directly offset the unrecaptured Section 1250 gain (the 25%-rate recapture piece). The IRS tax-rate worksheet in the Schedule D instructions applies capital losses to gains in a specific order that preserves the 25% rate on the recapture amount. In practice, a large capital loss in the same year can reduce your total taxable gain on the sale, but the ordering rules mean the recapture component is the last to benefit. Work through Schedule D's 'Unrecaptured Section 1250 Gain Worksheet' (in the Schedule D instructions) or with a CPA to see the exact tax impact. Source: IRS Schedule D Instructions (Unrecaptured Section 1250 Gain Worksheet).

What happens to accumulated depreciation recapture when a rental property is inherited?

When rental property is inherited, the heir receives a stepped-up basis equal to the fair market value of the property on the date of the owner's death (IRC §1014). This effectively eliminates the accumulated depreciation recapture built up during the prior owner's holding period — the heir's new basis starts at FMV, wiping out the deferred recapture liability. The heir then begins depreciating the inherited property from the new stepped-up basis over the standard recovery period (27.5 years for residential rental). This is one of the few ways depreciation recapture can be permanently eliminated rather than merely deferred via a 1031 exchange. Note: Congress periodically revisits step-up-in-basis rules — consult a CPA or estate attorney for the current law at the time of inheritance. Source: IRS Publication 559 — Survivors, Executors, and Administrators (irs.gov/publications/p559).

Does the Section 121 home-sale exclusion eliminate depreciation recapture on a rental property?

No. The Section 121 home-sale exclusion ($250,000 for single filers / $500,000 for married filing jointly) applies only to the capital gain portion of the sale — it never excludes depreciation recapture. Even if the property qualifies for the full exclusion because it was your primary residence for at least 2 of the 5 years before sale, the IRS taxes the accumulated depreciation back at the Section 1250 recapture rate (up to 25%) as a separate item. Additionally, if the property was used as a rental during any portion of the 5-year lookback period, the 'nonqualified use' rules under IRC §121(b)(5) may reduce the exclusion amount proportionally. Properties that served as both a primary residence and a rental require careful Form 4797 and Schedule D treatment — a CPA is essential. Source: IRS Publication 523 — Selling Your Home (irs.gov/publications/p523).

IRS primary sources for this article

  • IRS Publication 527 (Residential Rental Property) — depreciation rules for residential rentals: 27.5-year MACRS straight-line, mid-month convention, 'allowed or allowable' basis reduction rule, and how to track adjusted basis from purchase through sale. IRS Publication 527 — Residential Rental Property
  • IRS Publication 544 (Sales and Other Dispositions of Assets) — Section 1250 recapture mechanics, the max 25% rate on unrecaptured Section 1250 gain, Form 4797 reporting, Section 1031 like-kind exchange rules including 45-day identification and 180-day close timelines, and the post-TCJA real-property-only limitation. IRS Publication 544 — Sales and Other Dispositions of Assets
  • IRS Topic No. 409 (Capital Gains and Losses) — long-term capital gains rate tiers (0%, 15%, 20%) and taxable income thresholds; the 12-month holding period requirement for long-term treatment; and the unrecaptured Section 1250 gain max 25% rate for real property. IRS — Topic No. 409 Capital Gains and Losses
  • IRS Topic No. 559 (Net Investment Income Tax) — 3.8% NIIT rate, MAGI thresholds ($200,000 single / $250,000 MFJ), coverage of real estate gains and rental income, Form 8960 reporting. IRS — Topic No. 559 Net Investment Income Tax
  • IRS Topic No. 414 (Rental Income and Expenses) — general framework for rental income taxation, depreciation deductions using Form 4562, and references to Publication 527 and Publication 946 for depreciation mechanics. IRS — Topic No. 414 Rental Income and Expenses

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