# How to Figure Capital Gains on the Sale of Rental Property

by Steve Lander

When you sell a rental property, your profits are subject to capital gains tax since you don't get the same exclusions that you do on your personal residence. However, given that the Internal Revenue Service lets you use what you pay for closing costs and for property improvements to both reduce your selling price and increase your purchase cost, your profit might not be as large as you think. On the other hand, depreciation recapture might leave you with an additional unexpected tax bill.

## Amount Realized

Your gain doesn't come from subtracting your selling price from your total cost. The IRS lets you pull all of your sale-related expenses out of the price first to calculate what it calls the amount realized. For instance, if you sold the house for \$179,000, paid a 6.5 percent commission of \$11,635 and paid \$3,250 in closing costs, your amount realized would be \$164,115.

## Calculating Gain or Loss

To find your gain or loss, subtract your adjusted basis from your amount realized. If the number is positive, you have a gain that will be taxable. If it's negative, you have a loss that you can use to offset other taxable gains.To find the bottom line for house with a \$116,450 adjusted basis and a \$164,115 amount realized, subtract the former from the latter to find a total gain of \$47,665. The tax treatment of the gain depends on how long you held the asset -- short-term capital gains taxes apply to homes held for less than one year, and long-term gains apply if you hold it for more than a year.

## Capital Gains Tax

Assuming that you held the house for over a year and made a profit, your capital gains tax rate depends on your income. If your income falls in the lowest two tax brackets, your capital gains rate is zero percent. When you start paying taxes in the 25 percent bracket, the capital gains tax rate goes up to 15 percent. If your income is \$200,000 or higher if you're single or \$250,000 or higher if you're married, you'll have to pay a 3.8 percent Medicare surcharge, making your capital gains tax rate 18.8 percent. Finally, if you make over \$400,000 if you're single or \$450,000 if you're married, you pay the surcharge and a 20 percent capital gains rate for a total tax of 23.8 percent. If you held the house for less than a year, your tax rate will be your regular income tax rate, plus the 3.8 percent surcharge if your income is high enough. These rates were valid as of 2013, but can be altered at any time by the IRS and the federal government.

## Depreciation and Recapture

Even if you have a loss, you might still have to pay tax. The IRS has one more surprise for rental property owners. While you owned your rental property, you were entitled to depreciate the building and any improvements. If you sell it for more than the value after subtracting all of your depreciation, you'll have to pay a special 25 percent Section 1250 depreciation recapture tax on the depreciation you claimed. When you have a property with a \$125,000 adjusted basis and you've claimed \$55,000 in depreciation, the depreciated basis is equal to \$70,000. You pay the 25 percent recapture tax on the difference between the depreciated basis and the sales price, up to \$125,000. If you sell for more than that price, it's a capital gain and subject to the capital gains tax rate.