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puravidapto
Level 7
May 6, 2023
Solved

Rental property sale: where to report on form 4797?

  • May 6, 2023
  • 1 reply
  • 19 views

Given the following data:
Purchase date: 01/01/2001
Building: 800k
Land: 200k
Sale date: 07/01/2022
Building price: 1,200k
Land price: 300k
Depreciation taken: 600k

I figured that:
- The capital gain is 500k
- The section 1250 gain (depreciation recapture) is 600k

How do I report the gain? Specifically, do I report:

- capital gain of 100k for the land in part I of form 4797
- capital gain of 400k for the building in part III of form 4797
- section 1250 gain of 600k for the building depreciation in part III of form 4797?

The Proconnect software does it report the capital gain for the land in part I, it reports in part III, and I have to force it, and that is why I need to make sure it is correct. 

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Best answer by TaxGuyBill

Thanks TaxGuyBill!

I agree that I do not enter anything other than 20-24 on form 4797, it is a straight line depreciation, but 600k is sec. 1250 gain, right? Specifically, I would enter (or the final result) would be:

Line 20: 1,200,000 (Gross sale price)
Line 21: 800,000 (Cost basis plus expenses of sale which is zero in this example)
Line 22: 600,000 (Depreciation)
Line 23: 200,000 (Adjusted basis)
Line 24: 1,000,000 (Total gain)

Of the 1,000,000 total gain, 400,000 is the capital gain, and 600,000 is the sec 1250 gain. Correct? The gain on the land 100,000 is capital gain as well, so the total capital gain is 500,000.

In this case, separating land from building does not make a difference, actually, when you sell a home, no one but yourself separates the price between land and building when reporting taxes. If I do not separate, I would have:

Line 20: 1,500,000 (Gross sale price)
Line 21: 1,000,000 (Cost basis plus expenses of sale which is zero in this example)
Line 22: 600,000 (Depreciation)
Line 23: 400,000 (Adjusted basis)
Line 24: 1,100,000 (Total gain)

Of the 1,100,000 total gain, 500,000 is the capital gain, 600,000 is the sec. 1250 gain, it is the same result, but how wrong is it?



@puravidapto wrote:


Of the 1,000,000 total gain, 400,000 is the capital gain, and 600,000 is the sec 1250 gain. Correct? The gain on the land 100,000 is capital gain as well, so the total capital gain is 500,000.

In this case, separating land from building does not make a difference, actually, when you sell a home, ... Of the 1,100,000 total gain, 500,000 is the capital gain, 600,000 is the sec. 1250 gain, it is the same result, but how wrong is it?


 

Yes.

Yes, it is the same result in this case.  However, (a) the Instructions for Form 4797 tell you to report it separately, and (b) in some cases can affect the 1231 gain/loss calculations and carryovers (if I remember correctly, that is primarily when the value decreases, but maybe there are other circumstances that I'm not thinking of).

 

1 reply

Level 15
May 6, 2023

@puravidapto wrote:

Purchase date: 01/01/2013
Building: 800k
Depreciation taken: 600k


 

Can we back up a bit?  How was a building 3/4 depreciated in less than 10 years?  Unless there are unusual circumstances, something seems wrong.

 

 

 


@puravidapto wrote:


- capital gain of 100k for the land in part I of form 4797
- capital gain of 400k for the building in part III of form 4797
- section 1250 gain for the building depreciation in part III of form 4797?


 

Yes.

No, the "total gain" from the building on line 24 is $1,000,000.  However, the depreciation seems questionable, so that needs to be figured out first.

For the 1250 gain ... we need to clarify how they claimed $600,000 of depreciation in only 10 years.

puravidapto
Level 7
May 6, 2023

Thanks for your reply! This is just an example, the actual depreciation is not part of the question, but to make the depreciation number work, I changed the purchase date to 2001.

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Level 15
May 6, 2023

But depreciation *IS* part of your question.  Your third question asked about entering 1250 gain on the 4797.

If only straight-line depreciation was used, line 26 of Form 4797 is only zeros.  So other than reporting the sale on lines 20-24, nothing is entered about "1250 gain" on the 4797.

If accelerated depreciation was used, that changes that answer because the "additional depreciation" (depreciation in excess of straight line) is on line 26.