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Depreciation Recapture Explained: Sections 1245 and 1250

KEY INSIGHT
Depreciation recapture means part of your gain on selling a depreciated asset is taxed as ordinary income. For equipment (section 1245) the gain is ordinary income up to the depreciation taken; for buildings (section 1250) only additional depreciation is recaptured as ordinary income, and unrecaptured section 1250 gain is taxed at a maximum 25% (IRS).
At a glance

Key Facts

Section 1245 (equipment)
Gain is ordinary income up to depreciation taken
Section 1250 (buildings)
Only additional depreciation is ordinary income
Unrecaptured 1250 gain
Maximum 25% rate
Form
Form 4797 and Schedule D
Introduction

Depreciation is a deduction you enjoy for years and pay back when you sell. How much comes back, and at what rate, depends on whether the asset is equipment or a building.

This guide explains sections 1245 and 1250, additional depreciation, the 25% maximum rate, and works through an equipment sale. It follows IRS Publication 544 (the 2025 revision, for 2025 returns, the latest the IRS had posted when checked) and IRS Topic 409; real estate investors should also read our capital gains tax hub.

Section 01

What Recapture Means

Depreciation lowers your taxable income while you own an asset. When you sell, the IRS takes some of that benefit back: you may have to report the recognized gain as ordinary income from depreciation recapture. The rules differ for equipment (section 1245 property) and buildings (section 1250 property).

PropertyRuleSource
Section 1245 propertyA gain on the disposition is treated as ordinary income to the extent of depreciation allowed or allowable on the propertyIRS Pub. 544
Section 1250 propertyA gain is treated as ordinary income to the extent of additional depreciation allowed or allowable on the propertyIRS Pub. 544
Unrecaptured section 1250 gainThe portion from selling section 1250 real property is taxed at a maximum 25% rateIRS Topic 409

Section 1245 property also now includes qualified production property, if designated and elected under section 168(n) and placed in service after July 4, 2025 (added by Public Law 119-21, the One Big Beautiful Bill Act), according to Pub. 544.

Section 02

Additional Depreciation on Buildings

If you hold section 1250 property longer than 1 year, the additional depreciation is the actual depreciation adjustments that are more than the depreciation figured using the straight-line method. If you hold section 1250 property for 1 year or less, all the depreciation is additional depreciation.

You will not have additional depreciation if, for example, the property was residential rental or nonresidential real property placed in service after 1986, you held it longer than 1 year, and, if it was qualified property, you made a timely election not to claim any special depreciation allowance (Pub. 544 lists other cases). In that case the ordinary-income recapture under section 1250 is zero; the depreciation is instead treated as unrecaptured section 1250 gain, taxed at a maximum of 25%. Use the Unrecaptured Section 1250 Gain Worksheet in the Instructions for Schedule D (Form 1040) to figure it.

Section 03

Worked Example: Equipment (Section 1245)

StepAmount
Purchase price of equipment$10,000
Depreciation claimed$6,000
Adjusted basis (cost minus depreciation)$4,000
Sale price$9,000
Gain (sale price minus adjusted basis)$5,000
Ordinary income from recapture (gain, limited to depreciation of $6,000)$5,000

The whole $5,000 gain is below the $6,000 of depreciation claimed, so it is all treated as ordinary income. A gain above the depreciation claimed is not recapture; Pub. 544 treats it as section 1231 gain. The Form 4797 instructions send a section 1231 gain with no prior nonrecaptured section 1231 losses to Schedule D as a long-term capital gain (for property held more than one year).

Section 04

Reporting It

Gain or loss on business property is generally reported on Form 4797, and any gain or loss on the part of a home used for business is ordinary gain or loss as applicable, reportable on Form 4797. Section 1231 gain that is treated as capital gain is carried from Form 4797 to Schedule D. For the capital gains side see our capital gains brackets guide, and for forms that come with a sale see our Form 8949 guide.

Section 05

Official Sources

IRS Publication 544: Sales and Other Dispositions of Assets, IRS Topic no. 409: Capital gains and losses.

FAQ

Frequently Asked Questions

How do you calculate depreciation recapture tax?

For section 1245 property (such as equipment), gain is ordinary income up to the depreciation allowed or allowable. For section 1250 property (real property), ordinary-income recapture covers only additional depreciation, and unrecaptured section 1250 gain is taxed at a maximum 25%.

What does Section 1250 of the IRS tax code refer to?

Section 1250 property, generally depreciable real property such as buildings. Gain on its disposition is treated as ordinary income to the extent of additional depreciation.

What is additional depreciation?

If you hold section 1250 property longer than 1 year, it is the actual depreciation adjustments that are more than the depreciation figured using the straight-line method.

What is the maximum rate on unrecaptured section 1250 gain?

The IRS says the portion of any unrecaptured section 1250 gain from selling section 1250 real property is taxed at a maximum 25% rate.

Where do I report depreciation recapture?

On Form 4797 for business property, with section 1231 gain that is treated as capital gain carried to Schedule D.

How do I figure unrecaptured section 1250 gain?

Use the Unrecaptured Section 1250 Gain Worksheet in the Instructions for Schedule D (Form 1040).

Does recapture apply if I sold for a loss?

Recapture applies to gain. If you sold at a loss there is generally no gain to recapture, but loss rules differ, so check Pub. 544.
Disclaimer:This guide gives general tax information for educational purposes and is not tax, legal or financial advice. Rules, forms and deadlines are set by the IRS and Congress and can change; check the official sources linked here and talk to a qualified tax professional about your own situation.
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