What happens to depreciation recapture in a 1031 exchange?

Question

How is depreciation recapture handled in a 1031 exchange, and what are the implications for the taxpayer in terms of ordinary income recognition and deferral of gains?

ARTE's Answer

When engaging in a 1031 exchange, one of the key benefits is the deferral of capital gains taxes, which includes the deferral of depreciation recapture. Depreciation recapture occurs when you sell a property for more than its depreciated value, and the IRS requires you to pay taxes on the depreciation deductions you previously claimed. However, a 1031 exchange allows you to defer this tax liability by reinvesting the proceeds into a like-kind property.

Here’s how it works:

When you sell your relinquished property, any depreciation you have claimed over the years is subject to recapture at a rate of up to 25%. In a typical sale, you would need to pay this tax in the year of the sale. However, by using a 1031 exchange, you can defer this recapture tax by rolling it into the new replacement property. The deferred depreciation is essentially carried over to the new property, and the tax liability is postponed until you eventually sell the replacement property without engaging in another 1031 exchange.

Let’s illustrate this with an example:

Imagine you own a rental property that you originally purchased for $300,000. Over the years, you’ve claimed $100,000 in depreciation, reducing your adjusted basis to $200,000. You decide to sell this property for $500,000. In a regular sale, you would have to pay capital gains tax on the $200,000 gain ($500,000 sale price – $300,000 original purchase price) and depreciation recapture tax on the $100,000 of depreciation claimed.

However, by utilizing a 1031 exchange, you can defer both the capital gains tax and the depreciation recapture tax. Let’s say you identify and purchase a new like-kind property for $600,000. By using Deferred.com as your qualified intermediary, we facilitate the exchange process, ensuring compliance with IRS regulations and helping you avoid constructive receipt of the funds.

In this scenario, the $100,000 of depreciation recapture is deferred and carried over to the new property. Your new property’s basis will be calculated as follows: the purchase price of the new property ($600,000) minus the deferred gain ($200,000), resulting in an adjusted basis of $400,000. The deferred depreciation recapture will remain with the new property, and you will not pay taxes on it until you sell the replacement property without engaging in another 1031 exchange.

By deferring the depreciation recapture through a 1031 exchange, you can continue to reinvest your equity into potentially more profitable properties, allowing your investment to grow without the immediate tax burden. At Deferred.com, we are committed to helping you navigate the complexities of 1031 exchanges, ensuring a smooth and tax-efficient transaction.

Have more questions? Call us at 866-442-1031 or send an email to support@deferred.com to talk with an exchange officer at Deferred.

Deferred's AI Real Estate Tax Expert (ARTE) is a free research tool. Trained on 8,000+ pages of US tax law, regulations and rulings, ARTE outperforms human test takers on the CPA exam. This is page has ARTE's response to a common 1031 Exchange question and should not be considered personalized tax advice.

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