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Case Study - Partially Residential Property

Tom Stonehouse, a 72-year-old taxpayer, owns a four-unit apartment building that he had purchased five years ago. He occupies one unit as his personal residence and rents out three units. Desiring to move to a warmer climate, Tom decides to sell the building and move in with his nephew. Tom's records show the following:

Cost of building $80,000
Capital improvements + 8,000
  $88,000
Less: Depreciation on rental units -10,100
Adjusted basis $77,900

Tom sells the building for $220,000 and incurs selling expenses of $10,000. Since only one-fourth of the building was used as his personal residence, Tom would compute his gain as follows:

  Apartment Residence Rental Building
Usage allocation (1/4) (3/4)
(1) Selling price $ 55,000 $165,000
(2) Selling expenses - 2,500 - 7,500
(3) Amount realized (adjusted sales price) $ 52,500 $157,500
(4) Basis (including improvements) $ 22,000 $ 66,000
(5) Depreciation   - 10,100
(6) Adjusted basis $ 22,000 $ 55,900
(7) Realized gain ((3) minus (6)) $ 30,500 $101,600
(8) Gain subject to exclusion $30,500  
(9) Gain subject to tax   $101,600

Of the gains subject to tax on line (9), $10,100 would be taxed at a 25 percent rate since it represents deprecation that must be recaptured, and the remainder would be taxed at a maximum rate of 20 percent.



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