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Level 3
December 7, 2019
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Depreciation recapture on Real Property eligible for QBI?

  • December 7, 2019
  • 2 replies
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I've searched but can't seem to find a straight answer, would depreciation recapture due to real property used in a business like a home office qualify for the QBI deduction or is it just depreciation recapture on business equipment, etc that counts?  Thanks!


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Best answer by itonewbie

If you are talking about unrecaptured §1250, it is taxed as capital gain and not eligible for QBI deduction according to the code and regulations.  If you're talking about recaptures that are ordinary income (e.g. §1245), it is then eligible to the extent it is attributable to a qualified trade or business.

2 replies

itonewbie
itonewbieAnswer
Level 15
December 7, 2019

If you are talking about unrecaptured §1250, it is taxed as capital gain and not eligible for QBI deduction according to the code and regulations.  If you're talking about recaptures that are ordinary income (e.g. §1245), it is then eligible to the extent it is attributable to a qualified trade or business.

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RTS1823Author
Level 3
December 7, 2019
Thank you.  Yes, I was talking about unrecaptured 1250 gain.
Level 7
December 7, 2019