Tax Implications of Selling Fully Depreciated Property
Taxes are crucial not only for revenue generation but also for wealth retention. Different investment options carry varied tax implications, and sometimes, an investment with lower returns but more favorable tax treatment can be more beneficial than one with higher returns but substantial tax burdens. For instance, capital gains taxes, which might seem insignificant, can result in a taxpayer facing a total tax burden of up to 42.1% on their gross proceeds in some states due to combined taxes.
Category
IRC
Tax Rate
Depreciation Recapture
Section 1250
Up to 25.0%
Federal Capital Gains Tax
Section 1231
Up to 20.0%
Net Investment Income (NIIT)
Section 1411
Up to 3.8%
State Capital Gains Tax
N/A
Up to 13.3%
Total Tax Burden
Up to 42.1%
1. Depreciation Recapture Tax: Recovers tax benefits from property depreciation deductions upon sale, often capped at 25% for real estate.
2. Federal Capital Gains Tax: Levied on profits from asset sales, with lower rates for long-term gains.
3. Net Investment Income Tax (NIIT): Adds a 3.8% tax on investment income for high earners, primarily to fund Medicare.
4. State Capital Gains Tax: Varies by state and can significantly impact net investment proceeds (see next slide for details).
2024 State Tax Rates on Long-Term Capital Gains
1. Higher Rates: California (13.30%), New York (10.90%), and New Jersey (10.75%) have high rates on long-term capital gains.
2. Lower Rates: Arizona (1.875%) and New Mexico (3.54%) tax capital gains at lower rates than ordinary income.
3. No Tax: Texas, Florida, and Nevada do not tax long-term capital gains.
4. Same as Ordinary Income: States like Illinois and Colorado tax capital gains at the same rate as ordinary income.
Tax Impact on Financial Returns
When fully depreciated real estate is sold, the proceeds are taxed asSection 1250recapture or long-term capital gains.Depreciation recapture can be taxed up to 25%, significantly reducing reinvestment funds and future income potential.
Additionally, sellers face a net investment income surtax of up to 3.8% and state capital gains taxes, which can reach 13.3%in states like California. Combined, these taxes can result in a total liability of $421,000, or an effective tax rate of 42.1%.
Illustrative Scenario
When a fully depreciated $1 million asset is sold with a total tax burden of 42.1%, deferring the taxes results in an additional $421,000 in net sales proceeds. By reinvesting this amount at a 6% capitalization rate, the investor could see:
Tax-deferred strategies like 1031 Exchanges and 721 Exchanges let investors reinvest all proceeds from sold properties into new ones, treating deferred tax as an interest-free loan from the government. This can boost cash flow and property value. However, the tax is postponed, not waived.
The tax basis of an asset is its initial purchase price plus capital expenditures, minus depreciation. When sold, capital gains taxes are based on the difference between the asset’s tax basis and its sale price.
Real estate can be held for generations, passing to heirs without incurring capital gains taxes if not sold. When heirs sell, taxes are based on the property’s value at inheritance, reducing the tax burden. The step-up in basis rule adjusts an inherited asset’s cost to its market value at the owner’s death, significantly lowering capital gains taxes for heirs.
Savvy investors use the “defer ’til you drop” strategy, deferring taxes until death, allowing heirs to benefit from the step-up in basis, which erases the deferred tax liability. This doesn’t affect estate taxes, but it eases capital gains tax responsibilities.
'Defer 'Til You Drop' Strategy
Consider a fully depreciated asset valued at $1 million sold with an effective tax rate of 42.1%. Through a tax-deferred exchange, an investor defers the $421,000 tax liability, effectively receiving an interest-free loan from the government. This deferred amount can be leveraged to generate additional returns and is not due until the asset is sold in a taxable transaction.
If the asset owner dies before selling it, the heir inherits it with a basis stepped up to its fair market value (FMV) at the date of death. This adjustment eliminates the $421,000 tax liability, effectively forgiving the interest-free loan from the government. If the heir sells the asset immediately at its FMV of $1 million, they owe no taxes and receive the full proceeds.
The full benefits of tax-deferred strategies often become apparent with the basis step-up, a key aspect of the “defer ’til you drop” strategy. This highlights the importance of timing and inheritance in maximizing tax advantages.
Long Term Tax Impact on Financial Returns
Tax-deferred exchanges are among the most advantageous provisions in the tax code, providing real estate investors a significant opportunity to grow their wealth. The tax burden from selling an investment property can be substantial and varies by state. By utilizing a tax-deferred exchange, investors can defer their tax obligations if they comply with IRS rules, acquire replacement property of equal or greater value, and reinvest all sale proceeds.
Assumptions
Initial Cain
$1.0M
Cap Rate
6.0%
Cash Flow Growth y/y
3.0%
Tax Burden
42.1%
Time Horizon
30 yrs
Number of Transactions
3
Basic Step Up
No
Illustrative Scenario
Modeling a 30-year period with a property transaction every 10 years and annual cash flow growth of 3% clearly shows the substantial impact of tax deferral on investment returns. After 30 years, in the tax-deferred scenario:
Monthly cash flow would be $6,600 higher
Fair Market Value (FMV) of the real estate would increase by $1.3 million
This assumes no step-ups in basis during the period.
Long Term Financial Returns – Without Basis Step-Up
Illustrative Scenario (continued)
Deferring taxes through tax-deferred transactions can significantly enhance an investor’s financial performance. Over a 30-year period, this strategy can:
Increase the Internal Rate of Return (IRR) by 4.1%
Boost the Multiple of Invested Capital (MOIC) by 1.8x
Raise total cash flows by $1.8 million
This assumes no step-ups in basis during the period.
Assumptions
Initial Cain
$1.0M
Cap Rate
6.0%
Cash Flow Growth y/y
3.0%
Tax Burden
42.1%
Time Horizon
30 yrs
Number of Transactions
3
Basic Step Up
Yes
Long Term Financial Returns – With Basis Step-Up
Illustrative Scenario (continued)
Assuming a step-up in basis to Fair Market Value (FMV) at the end of the 30-year period, the financial performance sees even more significant enhancement. This adjustment would:
Increase the Internal Rate of Return (IRR) by 4.7%
Boost the Multiple of Invested Capital (MOIC) by 2.9x
Raise total cash flows by $2.9 million
To put this into perspective, all three metrics would more than double by simply deferring taxes and implementing a step-up in basis at the conclusion of the 30-year timeline.
Assumptions
Initial Cain
$1.0M
Cap Rate
6.0%
Cash Flow Growth y/y
3.0%
Tax Burden
42.1%
Time Horizon
30 yrs
Number of Transactions
3
Basic Step Up
Yes
Medalist Tax Alpha Cheat Sheet
We created a Tax Alpha Cheat Sheet as a quick reference to help you understand the characteristics of various tax-advantaged strategies. Whether your priority is liquidity, ease of estate planning, or low volatility, this cheat sheet provides the essential information you need to make informed investment decisions.