Depreciation recapture is the tax landlords discover on the closing statement. Here is what a typical 20-year rental costs to sell, and what each strategy does and does not fix.
By Hans Goldstein, EA, founder, Retirement Literacy Foundation · Updated
Admitted to practice before the IRS.
One page that shows every tax layer on your sale: federal capital gains, depreciation recapture, the 3.8% net investment income tax, and state tax.
The number
Rental bought for $400,000, depreciated $250,000, sold for $1,200,000, married couple, California, 2026
| Layer | Rate (source below) | Amount |
|---|---|---|
| Depreciation recapture (unrecaptured 1250, $250K) | ordinary rates, capped at 25% | about $37,500 |
| Long-term capital gain (about $800K) | 15% / 20% | about $140,200 |
| Net investment income tax | 3.8% of income over $250,000 | about $30,400 |
| California (whole gain, recapture included) | 1% to 12.3%, plus 1% over $1 million | about $93,400 |
| Total | about $301,500 (29% of the $1,050,000 gain) |
Rounded, illustrative, assumes no other income and no selling costs in the year of sale. Federal: 2026 brackets and $32,200 standard deduction (IRS Rev. Proc. 2025-32); California: 2026 FTB rate schedules (FTB Tax News, October 2026). With other income filling the lower brackets, the recapture line rises toward $62,500 (25%). See Sources and review at the bottom of the page.
The options, in plain language
Common questions
Yes, a full exchange defers all of it. An installment sale spreads the 25% slice over the payments, first in line, and taxes any equipment-type (Section 1245) recapture in year one.
If you lived there 2 of the last 5 years, yes on the gain, but not on depreciation taken after May 6, 1997. You can combine 121 and 1031.
That is an installment sale. The gain is taxed as principal arrives; interest is ordinary income.
Yes, Delaware statutory trusts are 1031-eligible on the way in and out, subject to the sponsor's timeline.
Audit trail
Reviewed for the Retirement Literacy Foundation, a 501(c)(3) education nonprofit. Prepared by Hans Goldstein, EA, retirement educator. Admitted to practice before the IRS. Informational only. Not tax, legal or investment advice. Every figure below cites its source so your CPA or attorney can check it.
Figures are 2026 federal and 2026 California amounts unless stated. Examples are illustrative, rounded, and assume no other income; your numbers will differ. Last reviewed October 10, 2026.
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Hans Goldstein is an Enrolled Agent, admitted to practice before the Internal Revenue Service. Not affiliated with or endorsed by the IRS.