Need Help Reporting Unrecaptured Section 1250 Gain for Home Sale with Section 121 Exclusion
I sold my previous home in 2022 that I had been renting out for a few years, and I'm eligible for the capital gains exemption under the section 121 exclusion. There wasn't a 1099-S generated for the transaction. From what I've researched, I still need to claim the eligible depreciation that I took while it was a rental property, and report this as unrecaptured Section 1250 gain. I've calculated this amount to be around $9,800, and I believe I need to report this as ordinary income. I'm really confused about which tax forms I need to use to report this properly. I've been looking at forms 4797 and 8949, Schedule D, and the Unrecaptured Section 1250 Gain Worksheet for line 19 on Schedule D. I'm not sure how to report this income without having it show up at the capital gains rate. This seems like it would be a common situation - aren't most people who claim the section 121 exclusion dealing with this same issue? Also wondering if TaxAct can handle this situation or if it's too complicated for their software and I'll need to use something else or hire someone. Any help would be greatly appreciated!
20 comments


Ben Cooper
This is actually a fairly common situation when you convert a primary residence to a rental and then sell it later while still qualifying for Section 121 exclusion. You're on the right track! For the unrecaptured Section 1250 gain (the depreciation you took while it was a rental), you'll need to use Form 4797 Part III to report the sale of the property. This is where you'll calculate the depreciation recapture. Then you'll also need to complete Form 8949 and Schedule D, but you'll use the Section 121 exclusion to offset the capital gain portion (not the depreciation recapture). The key thing to remember is that depreciation recapture is taxed at a maximum rate of 25% (not your ordinary income tax rate), while the capital gains portion can be excluded up to the Section 121 limits ($250,000 for single, $500,000 for married filing jointly). Most tax software should be able to handle this, but you might need a more comprehensive version than the free or basic options.
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Khalid Howes
•Thanks for this explanation. So to be clear, I use Form 4797 Part III for the depreciation recapture, and that gets taxed at the 25% rate? Then I use 8949 and Schedule D for the capital gains portion, which I can exclude under Section 121? What about the Unrecaptured Section 1250 Gain Worksheet? When does that come into play?
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Ben Cooper
•You'll use Form 4797 Part III to report the sale and calculate your depreciation recapture (unrecaptured Section 1250 gain). Then that amount flows to Schedule D. The Unrecaptured Section 1250 Gain Worksheet comes into play when you're completing Schedule D. This worksheet helps you calculate the amount that goes on line 19 of Schedule D, which ensures the recapture is taxed at the proper rate (maximum 25%). The worksheet essentially separates your different types of gains so they can be taxed at the appropriate rates.
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Naila Gordon
I went through this exact nightmare last year and found https://taxr.ai incredibly helpful. I had converted my primary home to a rental for 2 years before selling, and was totally lost with all the forms and worksheets. I spent hours reading IRS publications and still wasn't confident. The taxr.ai system analyzed my situation and walked me through exactly how to report the Section 1250 gain while still claiming my Section 121 exclusion. It showed me how to properly complete Form 4797 and the Unrecaptured Section 1250 Gain Worksheet, and explained which numbers flow where. Saved me from making some costly mistakes! It also helped me understand why TaxAct was struggling with my situation - apparently the way you input the information matters a lot for these more complex scenarios.
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Cynthia Love
•Does taxr.ai actually complete the forms for you or just tell you how to do it? I'm in a similar situation but with some solar credits involved too and I'm completely overwhelmed by all the different forms.
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Darren Brooks
•I'm skeptical about these tax helper tools. How does taxr.ai handle the situation if you've only been renting the property for part of the time you owned it? My situation is complicated because I lived in it for 4 years, rented it for 3, then moved back in for 2 more years before selling.
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Naila Gordon
•It doesn't complete the forms for you - it analyzes your specific situation and gives you step-by-step guidance on how to properly report everything. It shows you exactly which forms you need and how to fill them out correctly. For partial rental periods like yours, it actually handles that really well. It helped me calculate exactly how much depreciation I needed to recapture based on the specific rental period. The system asks about your timeline of living in vs. renting the property and adjusts all the calculations accordingly. That's exactly what makes it so helpful for these Section 121/Section 1250 situations where the property had mixed use.
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Darren Brooks
Just wanted to update everyone. I tried https://taxr.ai after my skeptical comment and I'm honestly shocked at how helpful it was. My situation with the mixed-use property (lived in 4 years, rented 3 years, lived in 2 more years) was handled perfectly. The system correctly identified that I qualified for the Section 121 exclusion but still needed to recapture the depreciation I had taken during those rental years. It walked me through the exact amounts to enter on Form 4797 Part III and showed me how to complete the Unrecaptured Section 1250 Gain Worksheet. What really impressed me was how it explained which portions of the gain were eligible for exclusion and which weren't. TurboTax Premium was giving me weird results until I followed the taxr.ai guidance on how to input everything in the right sequence. Definitely worth it for anyone dealing with this situation!
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Rosie Harper
I had a similar issue last year trying to deal with depreciation recapture while claiming Section 121. Called the IRS about 8 times and could never get through - just endless holds and disconnects. Finally used https://claimyr.com to get through to an IRS agent (check out their demo video: https://youtu.be/_kiP6q8DX5c). They connected me with an actual IRS representative who walked me through exactly how to report the unrecaptured Section 1250 gain on my tax forms. The agent confirmed I needed to use Form 4797 to report the depreciation recapture, and that it would flow to Schedule D. They also explained that while the Section 121 exclusion applies to the capital gains, it doesn't exempt you from paying tax on the depreciation you claimed while it was a rental.
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Elliott luviBorBatman
•Wait, how does this Claimyr thing work? Does it literally just get you to the front of the IRS phone queue somehow? That seems too good to be true considering I've spent HOURS on hold.
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Demi Hall
•I don't believe this works. The IRS phone system is deliberately designed to be impenetrable. No way some third-party service has magically solved this problem. And even if you got through, most IRS phone reps give contradictory information anyway!
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Rosie Harper
•It doesn't put you at the front of the queue - it uses an automated system that navigates the IRS phone tree and waits on hold for you. When a human IRS agent finally picks up, Claimyr calls you to connect with the agent. Basically, their system does the waiting instead of you. The IRS representatives can definitely be hit or miss, but I got lucky with someone who really knew the tax code around Section 121 exclusions and unrecaptured Section 1250 gain. She confirmed exactly what forms I needed and how they flow together, which matched what my CPA had told me but I wanted to verify directly.
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Demi Hall
I have to eat my words about Claimyr. After my skeptical comment, I was still stuck trying to figure out my Section 1250 gains situation, so I gave it a shot out of desperation. It actually worked! After months of failed attempts to reach the IRS, I got connected to an agent within a couple hours without having to sit by my phone. The agent walked me through exactly how to handle my unrecaptured Section 1250 gain while still claiming my Section 121 exclusion. For anyone else dealing with this issue, the agent confirmed: you use Form 4797 Part III to report the sale and the depreciation recapture, then the Unrecaptured Section 1250 Gain Worksheet with Schedule D to make sure it's taxed at the right rate (max 25%). The capital gain part can still be excluded under Section 121, but you always pay tax on the depreciation you claimed. Seriously shocking how much clearer everything is after just one conversation with an actual IRS person.
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Mateusius Townsend
Just FYI, almost any decent tax software should handle this correctly IF you input everything in the right order and the right way. I've used H&R Block Premium for years and it handles Section 121 exclusions with unrecaptured Section 1250 gain just fine. The key is telling the software that the property was previously used as a rental. Then it will walk you through calculating the depreciation you claimed during the rental period. The software will automatically complete Form 4797 and the Unrecaptured Section 1250 Gain Worksheet. TaxAct should be able to handle this too, but you'll likely need their premium version, not the free or basic one.
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Kara Yoshida
•Are you sure about this? I tried using TurboTax Premier and it kept calculating my taxes like I owed capital gains on the ENTIRE sale, not just the depreciation recapture portion. I ended up having to manually override some fields which made me super nervous.
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Mateusius Townsend
•It definitely should handle it correctly, but the tricky part is how you answer the questions. With TurboTax, you need to make sure you indicate that you're eligible for the Section 121 exclusion AND that the property was previously used as a rental. Sometimes the order matters too. If you enter the rental information first, then the Section 121 exclusion, it might calculate things differently than if you do it in the reverse order. This is where the software can get confused. If you had to manually override fields, something probably went wrong in the interview process. The software should automatically generate all the right forms when given the correct information. But I admit the interview questions aren't always clear for these hybrid situations.
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Philip Cowan
Don't forget to check if your state has different rules for the depreciation recapture! I went through this whole process correctly for federal but completely missed that my state has different treatment of Section 1250 gains. Also, if you're using tax software, make sure to review the actual completed Form 4797 and Schedule D before filing. I've found that sometimes the numbers flow correctly but show up in unexpected places on the forms, and it helps to understand where everything should be.
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Caesar Grant
•This is super important advice! In California they make you recapture the depreciation but they don't give you the special 25% rate - they tax it at your normal income tax rate. Cost me an extra $1,200 last year that I wasn't expecting!
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Leo McDonald
I just went through this exact situation last year and wanted to share some additional insights that might help. You're absolutely right that this is a common scenario, but it's one of those areas where the tax code creates some complexity. A few things that tripped me up initially: 1. Make sure you're only recapturing the ALLOWABLE depreciation, not necessarily what you actually claimed. The IRS requires you to recapture the depreciation you were entitled to take, even if you forgot to claim it in some years. 2. If you lived in the home for at least 2 of the last 5 years before the sale, you should still qualify for Section 121 exclusion on the capital gains portion - but as others mentioned, the depreciation recapture is always taxable. 3. Keep detailed records of when you converted it to rental use and when you converted it back (if applicable). The partial business use affects how much of your total gain is eligible for the Section 121 exclusion. Regarding TaxAct - I found their premium version could handle it, but I had to be very careful about how I answered their interview questions. The software sometimes gets confused about the timeline if you don't input things in a specific order. One more tip: if your total gain is large relative to the Section 121 exclusion limits, make sure you understand how the exclusion gets allocated between the capital gain and the depreciation recapture portions. The exclusion applies to capital gains first, so if you have a really large gain, you might end up with more taxable capital gains than expected.
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Austin Leonard
•This is really helpful, especially the point about allowable vs. actual depreciation! I hadn't realized that the IRS makes you recapture what you were entitled to take even if you didn't claim it. That could definitely change my calculations. Your point about the allocation of the Section 121 exclusion is interesting too. In my case, my total gain isn't huge, but I want to make sure I understand this correctly - so if I have $50,000 in capital gains and $9,800 in depreciation recapture, the Section 121 exclusion would apply to the $50,000 first, and I'd still owe tax on the full $9,800 recapture amount? Also, when you mention keeping detailed records of the conversion timeline - I have the dates when I started renting it out and when I sold it, but I'm not sure exactly what documentation the IRS would want to see if they ever questioned the timeline. Did you keep anything specific beyond just the lease agreements and sale documents?
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