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Selling Rental Property: Depreciation Recapture, Capital Gains, and 1031 Exchange Options

Written by Yarik Yarosh, CPA (US & Canada) September 5, 2026 · FL CPA license AC61704 · CPA Ontario

The tax bill on selling a rental property catches many investors off guard. During ownership, depreciation deductions reduce taxable income and feel like free tax savings. But the IRS treats those deductions as borrowed, not given, and collects them back at sale through depreciation recapture under IRC 1250. Every dollar of straight-line depreciation deducted (or that should have been deducted, even if the investor failed to claim it) becomes unrecaptured section 1250 gain, taxed at a maximum 25% rate. On top of that, any appreciation above the original purchase price is taxed as long-term capital gains (0%, 15%, or 20% depending on income), and the 3.8% net investment income tax under IRC 1411 applies to both components for higher-income taxpayers. The combined effective rate on a profitable rental property sale can exceed 30%. The primary tool for avoiding this tax is the IRC 1031 like-kind exchange, which defers all gain (both depreciation recapture and capital gain) when the proceeds are reinvested in another investment property.

✓Key takeaway

Tax components when selling a rental property:

ComponentTax RateApplies To
Unrecaptured section 1250 gain25% (maximum)Straight-line depreciation taken or allowed during the holding period
Long-term capital gains0%, 15%, or 20% (depending on income)Appreciation above original cost basis
Net investment income tax (IRC 1411)3.8%Both components, if MAGI exceeds $200,000 single / $250,000 MFJ
State income taxVaries by stateDepends on the state’s rules for capital gains

Key definitions:

TermCalculation
Original basisPurchase price + closing costs + improvements
Adjusted basisOriginal basis minus accumulated depreciation
Amount realizedSale price minus selling costs (commissions, closing costs)
Total gainAmount realized minus adjusted basis
Unrecaptured section 1250 gainTotal straight-line depreciation taken or allowed (capped at total gain)
Capital gainTotal gain minus unrecaptured section 1250 gain

How much tax will you owe when you sell a rental property?

What is the difference between short-term and long-term capital gains rates?

Assets held for one year or less generate short-term capital gains, taxed at your ordinary income tax rate (up to 37% federal). Assets held for more than one year qualify for long-term capital gains rates of 0%, 15%, or 20%, depending on your taxable income. High-income taxpayers may also owe the 3.8% net investment income tax (NIIT) under IRC 1411 on top of the capital gains rate. The holding period starts the day after you acquire the asset and includes the day you sell it. For business owners planning a sale, timing the disposition to cross the one-year threshold can save 15-20 percentage points in federal tax on the gain.

Can I offset capital gains with capital losses from other investments?

Yes. Capital losses first offset capital gains of the same type (short-term losses against short-term gains, long-term against long-term), then any remaining net loss offsets gains of the other type. If net capital losses exceed capital gains, you can deduct up to $3,000 of the excess against ordinary income ($1,500 if married filing separately). Unused losses carry forward indefinitely to future tax years, maintaining their character (short-term or long-term). The wash sale rule (IRC 1091) prevents you from claiming a loss if you repurchase substantially identical securities within 30 days before or after the sale. Tax-loss harvesting before year-end is a common strategy to realize losses that offset gains elsewhere in the portfolio.

Related guides:

Is rental depreciation taxed at a flat 25% when you sell?

No, 25% is a ceiling. The straight-line depreciation on a rental building becomes unrecaptured section 1250 gain, taxed at a maximum 25%, so the rate on that slice can be lower depending on your bracket. Section 1250 only treats depreciation beyond straight-line as ordinary income, and a rental depreciated on the normal straight-line schedule generally has none of that.

Appreciation above your original cost gets long-term rates if you held the property more than one year. For 2025 that’s 0% up to $96,700 of taxable income for joint filers, 15% up to $600,050 and 20% above; for 2026 the ceilings are $98,900 and $613,700. The 3.8% net investment income tax can apply on top once modified AGI passes $250,000 joint or $200,000 single, and those thresholds aren’t indexed.

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Cite this page

Yarik Yarosh, CPA. "Selling Rental Property: Depreciation Recapture, Capital Gains, and 1031 Exchange Options." Blue Cloud CPA, September 5, 2026, updated September 23, 2026. https://bluecloudcpa.com/guides/small-business-selling-rental-property-depreciation-recapture-1031

This guide is general information, not tax advice for your specific situation. Which points apply, and how, depends on your facts.