How gain split between recapture and capital gain treatment

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Problem

The requirements that are needed for an asset to be subject to Section 1245 recapture are depreciable personal property. For this to apply there has to be a recognized gain on the sale. The gain that is recaptured is equal to the depreciation or amortization that was previously allowed on the asset. Under Section 1245 it is taxed as ordinary income instead of a capital gain. Even though the equipment was owned for less than a year the recapture can still occur. It doesn't matter the time something was owned but whether or not there has been depreciation. It this situation recapture does apply. Any gain that occurred is considered as a capital gain. Get the instant assignment help. What would happen if the equipment was sold for less than its original purchase price but more than its adjusted basis? How would the gain be split between recapture and capital gain treatment in that case?

Reference no: EM133901482

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