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nytcpa2012
Level 5
July 11, 2023

deprec recapture exceeds gain on primary residence used for rental 2 of 5 years

  • July 11, 2023
  • 1 reply
  • 11 views

Client owned home and lived tin 100% of the space for 3 of the five years. She rented out 80% of the property for the last 2 years of the five, and took depreciation for the 80% space.

Her gain on sale of the home is less than the depreciation recapture amount.  If she uses the primary residence exclusion, does she avoid the gain on the sale but owe back ALL of the depreciation?  Or does she only pay back depreciation (as ordinary income) to the extent of the gain?

 

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    1 reply

    sjrcpa
    Level 15
    July 11, 2023

    Is there a difference in this case?

    Gain to the extent of depreciation is taxable.

    Gain in excess of depreciation may be eligible for the exclusion.

    The more I know the more I don’t know.
    nytcpa2012
    Level 5
    July 11, 2023

    opposite of your answer. depreciation recapture amount exceeds gain.

    question was does taxpayer have to pay back all depreciation, even more than their gain?

            (then: wise to use the home exclusion even if deprec has to be repaid anyway?

    sjrcpa
    Level 15
    July 12, 2023

    My answer stands.

    Read it again.

    The more I know the more I don’t know.