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Jungleboo Soletrain

How is depreciation recapture calculated on a primary residence with a rental unit?

I've got a somewhat unique situation with our house. We've been living in what's basically a duplex - we live in the main part and rent out a separate apartment in the same building. We've been reporting all the rental income and expenses on Schedule E for years, and I've been taking depreciation deductions on the rental portion. I also have a home office in our living area where I do some consulting work, so I've been deducting depreciation for that space too. I'm starting to think about eventually selling the house and I'm trying to figure out how the depreciation recapture will work. If we originally bought the house for about $375k, and over the years we've claimed roughly $62k in total depreciation (between the rental unit and home office), and we end up selling the whole property for something like $625k... am I right in thinking that our capital gain would be calculated as $625k - ($375k - $62k) = $312k? I just want to make sure I understand how this works before we get too far down the road with selling plans. Thanks for any advice!

Yes, you're on the right track. When you sell your primary residence that has had depreciation taken on it (whether for a rental portion or home office), you'll need to recapture that depreciation. The way it works is exactly as you calculated - your adjusted basis would be your original purchase price ($375k) minus the total depreciation taken ($62k), which gives you $313k as your adjusted basis. When you sell for $625k, your gain would be $625k - $313k = $312k. Keep in mind that for the portion used as your primary residence, you may qualify for the Section 121 exclusion which allows you to exclude up to $250k ($500k if married filing jointly) of the gain. However, this exclusion doesn't apply to the depreciation recapture. The depreciation you've taken over the years is recaptured at a 25% tax rate, regardless of the Section 121 exclusion.

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Wait, so does that mean they'll have to pay the 25% recapture tax on the full $62k of depreciation regardless of the primary residence exclusion? And for the remaining gain, they'd get the $250k/$500k exclusion depending on filing status? I'm in a similar situation and trying to understand this better.

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Yes, that's exactly right. The $62k of depreciation will be recaptured and taxed at 25% regardless of the Section 121 exclusion. That's a fixed rule with the IRS - any depreciation taken after May 6, 1997, must be recaptured at the 25% rate when the property is sold. For the remaining gain (which would be $312k minus the $62k depreciation), they can apply the $250k/$500k exclusion depending on their filing status, assuming they meet the ownership and use tests (owned and lived in the home as their primary residence for at least 2 of the last 5 years before the sale).

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I went through something similar last year and found that using taxr.ai really helped me figure out my depreciation recapture situation. I had a primary residence where I rented out the basement and had taken depreciation for years. When I was getting ready to sell, I was super confused about how much I would owe. I uploaded my past Schedule E forms to https://taxr.ai and it analyzed my depreciation history and gave me a clear breakdown of what my recapture tax would be. It saved me from a major headache trying to dig through years of records myself!

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Ev Luca

How does that work? Do you just upload your tax returns and it figures everything out? I've been taking depreciation on my rental property for 7 years and I'm thinking about selling, but I honestly have no idea how much I've depreciated over the years.

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Does it actually give you proper tax advice? I'm skeptical that an AI tool would correctly handle something as complex as depreciation recapture with the primary residence exclusion. Did it actually save you money or just confirm what you already knew?

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You just upload your tax documents and it extracts all the relevant information. The system will identify all the depreciation you've claimed over the years on your Schedule E forms and calculate the total for you. It's super helpful if you haven't been keeping detailed records yourself. As for tax advice, it doesn't replace a CPA, but it definitely helped me understand my situation better. In my case, it identified about $8,000 in depreciation that I had forgotten about from an early year, which would have been recaptured regardless. Knowing the exact amount I had depreciated helped me properly calculate my adjusted basis and avoid a potential audit flag.

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I was really skeptical about using taxr.ai as mentioned above, but after stressing about my own depreciation recapture situation for weeks, I decided to give it a try. I had a similar setup - part of my house rented out for 6 years with depreciation deductions. The tool actually found that I had been inconsistently calculating depreciation and identified specific years where I had made errors. This helped me understand exactly what my adjusted basis should be. Ended up saving me from potentially underreporting my recapture amount, which could have triggered an audit. The documentation it provided would be super helpful if the IRS ever questions how I calculated my gain. Now I feel much more confident about my upcoming sale.

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If you're having trouble getting official clarification on your depreciation recapture situation, try Claimyr. I spent WEEKS trying to get through to the IRS about a similar situation with my duplex property. After 7 failed attempts waiting on hold, I used https://claimyr.com and they got me connected to an actual IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The agent walked me through exactly how to calculate my adjusted basis with the depreciation recapture and confirmed that I was still eligible for the primary residence exclusion on part of the gain. Totally worth it for the peace of mind.

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How does this actually work? I've tried calling the IRS so many times and just get stuck in those automated loops. Do they really get you through to a real person?

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Sounds like BS to me. I've never heard of any service that can magically get you through to the IRS faster than anyone else. The IRS phone system is the same for everyone. How could they possibly have a "special line" or whatever? Seems like a scam to make money off desperate people.

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It works by using their system that navigates the IRS phone tree for you and waits on hold so you don't have to. When an actual IRS agent picks up, you get a call connecting you directly to them. No more waiting on hold for hours! Yes, they really do get you through to a real person. That's the whole point of the service. I spoke with an actual IRS agent who had access to my tax records and could answer my specific questions about depreciation recapture on my property. The agent confirmed exactly how the 25% recapture rate would apply to my situation.

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I have to eat my words about Claimyr from my comment above. After another frustrating day trying to get through to the IRS about my depreciation recapture questions, I broke down and tried it. I was absolutely certain it wouldn't work, but I was connected to an IRS agent in about 15 minutes. The agent pulled up my records and walked me through exactly how to calculate the depreciation recapture on my property that I've been partially renting out. Confirmed that I need to recapture ALL depreciation at 25% regardless of the Section 121 exclusion. Would have taken me weeks more of trying to get this information on my own. Can't believe I'm saying this, but it was legitimately helpful.

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Don't forget to factor in state taxes too! I sold my duplex last year and was so focused on the federal depreciation recapture that I completely overlooked how my state would tax the gain. Some states have different rules for recapture than the federal government. In my case, I ended up owing an additional 7% to my state on top of the 25% federal recapture tax. Make sure you research your state's specific rules or consult with a local tax professional.

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Good point about state taxes. Do you also have to pay the Net Investment Income Tax (NIIT) of 3.8% on the depreciation recapture amount? I've heard conflicting things about this.

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Yes, that's another important consideration. The Net Investment Income Tax (NIIT) of 3.8% typically applies to investment income, including capital gains that exceed certain thresholds. For the rental portion of your property, the gain (including depreciation recapture) is likely subject to the NIIT if your modified adjusted gross income exceeds $200,000 for single filers or $250,000 for married filing jointly. The portion that qualifies for the primary residence exclusion wouldn't be subject to the NIIT, but the recaptured depreciation and any gain beyond the exclusion amount could be.

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Has anyone used the cost segregation approach to minimize depreciation recapture? I've heard you can break down the rental portion into components (appliances, carpet, fixtures) that depreciate faster than the building structure. When you sell, items fully depreciated to zero don't have recapture issues. Might be too late for OP but could help others.

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Cost segregation works better for larger rental properties than for a portion of your primary residence. I looked into it for my duplex and the cost of getting a proper cost segregation study done (around $3-5k) outweighed the potential tax benefits for a single unit. But if you have good records and can reasonably assign values to items like appliances yourself, you might be able to do a simplified version without a formal study.

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One thing to keep in mind is the timing of when you lived in different parts of the house. The IRS has specific rules about mixed-use properties where part was your primary residence and part was rental. If you've lived in the main part continuously as your primary residence for at least 2 of the last 5 years before selling, that portion should qualify for the Section 121 exclusion. However, for the rental unit portion, even if it's in the same building, the IRS typically treats it as a separate property for tax purposes. This means you'll definitely owe the 25% recapture tax on all depreciation taken for the rental unit, and that portion won't qualify for the primary residence exclusion. For your home office depreciation, this gets a bit more complex - if the office is within your primary residence area and you stop using it as an office before selling, you might be able to apply the Section 121 exclusion to that portion's gain, but you'll still owe recapture tax on the depreciation taken. I'd strongly recommend getting a tax professional to help you allocate the sale proceeds between the different uses of the property to make sure you're calculating everything correctly.

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This is really helpful clarification! I'm just getting started with understanding depreciation recapture and had no idea that the IRS treats different parts of the same building separately for tax purposes. So if I'm understanding correctly, even though it's all one property, the rental unit portion gets treated like a completely separate investment property when it comes to the Section 121 exclusion? That seems like it could significantly impact the overall tax liability depending on how much of the total property value is attributed to the rental portion versus the primary residence portion. How do you typically determine the allocation between the different uses? Is it based on square footage, or are there other factors the IRS considers?

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Great question about allocation methods! The IRS typically allows several approaches for determining the split between personal residence and rental portions, but square footage is the most common and defensible method. For example, if your rental unit is 800 sq ft and your total property is 2,400 sq ft, then 33% would be allocated to the rental portion and 67% to your primary residence. This percentage applies to both your original basis and the sale proceeds. However, you can also use other reasonable methods like: - Number of rooms (if they're similar in size) - Fair rental value comparison - Relative assessed values if your local tax assessor breaks them out separately The key is being consistent - whatever method you used when you first started taking depreciation deductions should generally be the same method you use when calculating the sale allocation. Keep good documentation of your methodology because the IRS may ask you to justify your allocation during an audit. One important note: if you've been using a specific percentage on your Schedule E forms over the years for the rental portion, stick with that same percentage for the sale calculation. Changing it could raise red flags.

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This is exactly the kind of detailed guidance I was looking for! I'm in a similar situation where I've been renting out about 30% of my home (based on square footage) for the past 4 years. I've been consistently using that 30% figure on my Schedule E forms, so it sounds like I should stick with that same percentage when I eventually sell. One follow-up question - when you mention keeping good documentation of the methodology, what specific records should I be maintaining? I have floor plans showing the square footage breakdown, but are there other documents the IRS typically wants to see if they audit the allocation? Also, do you know if there are any special considerations if you've made improvements to different parts of the property over the years? For example, if I renovated the rental unit's kitchen but not my own kitchen, does that affect how the basis gets allocated?

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