FW1031

Property Paths

Capital Gains Rental

Capital gains on rental property is a tax question that comes up for nearly every landlord in Fort Worth, Texas who is weighing a sale. When a rental property sells for more than its adjusted basis...

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Capital gains on rental property is a tax question that comes up for nearly every landlord in Fort Worth, Texas who is weighing a sale. When a rental property sells for more than its adjusted basis, the profit is generally taxed as a capital gain. If the property was held for more than one year, the gain is typically taxed at long term capital gain rates at the federal level, though the portion of the gain attributable to depreciation taken over the holding period is subject to unrecaptured Section 1250 gain treatment, which carries a maximum federal rate of twenty five percent rather than the lower long term capital gain rates. Texas does not impose a state income tax, so investors in Fort Worth, Tarrant County, and across the Dallas Fort Worth metroplex avoid a layer of state level tax that landlords in many other states must plan around, though the federal liability remains.

The adjusted basis used to calculate the gain starts with the original purchase price plus qualifying capital improvements, then subtracts total depreciation claimed during the ownership period. Investors who have owned a rental property in Fort Worth for many years often discover that years of depreciation deductions have reduced their basis substantially, which can produce a larger taxable gain than the simple difference between sale price and purchase price would suggest. Selling costs, including commissions and closing charges, generally reduce the amount realized and can be netted against the gain calculation. High income investors may also owe the three and eight tenths percent net investment income tax on rental gain in addition to standard capital gain and depreciation recapture rates.

A Section 1031 exchange is the primary tool available to defer both the capital gain and the depreciation recapture tax on a rental property sale, provided the relinquished property and the replacement property are both held for investment or business use and the exchange follows the forty five day identification period and one hundred eighty day exchange period administered through a Qualified Intermediary. Investors in Fort Worth considering a sale should model the tax liability under a straight sale against the deferral available through an exchange before deciding how to proceed, since the difference in after tax proceeds available for reinvestment can be significant.

WHAT'S INCLUDED

Explanation of adjusted basis and how depreciation reduces it over time

Overview of unrecaptured Section 1250 gain and its maximum federal rate

Discussion of the net investment income tax as it applies to rental sales

Introduction to how a 1031 exchange can defer the tax calculated on a rental property sale

COMMON SITUATIONS

01

Landlords in Fort Worth, TX comparing the after tax proceeds of a straight sale against a 1031 exchange

02

Investors who have owned a rental property for many years and are surprised by a low adjusted basis

03

Investors evaluating whether depreciation recapture changes the math on a planned sale

QUESTIONS WE ANSWER OFTEN

How is capital gain calculated on a Fort Worth rental property sale?

Capital gain equals the sale price minus the adjusted basis, which is the original purchase price plus qualifying improvements minus total depreciation claimed. Selling costs generally reduce the amount realized before the gain is calculated.

Does Texas add a state tax on top of federal capital gains tax?

No. Texas does not impose a state income tax, so investors in Fort Worth and across Tarrant County owe only the federal capital gain tax, depreciation recapture tax, and any applicable net investment income tax on rental property sales.

What is unrecaptured Section 1250 gain?

Unrecaptured Section 1250 gain is the portion of a rental property sale gain attributable to depreciation previously claimed. It is taxed at a maximum federal rate of twenty five percent, which is generally higher than standard long term capital gain rates.

Can a 1031 exchange defer capital gains tax on a Fort Worth rental property?

Yes. A properly structured 1031 exchange can defer both the capital gain and the depreciation recapture tax when the relinquished property and replacement property are both held for investment or business use and the exchange timeline and Qualified Intermediary requirements are followed.

Does the net investment income tax apply to rental property gains?

It can. Higher income investors may owe an additional three and eight tenths percent net investment income tax on rental property gain in addition to standard capital gain and depreciation recapture rates, depending on their overall income level.

EXAMPLE ENGAGEMENT

Example of the type of engagement we can handle

Service Type

Capital Gains Education

Location

Fort Worth, TX

Scope

Educational overview of how capital gain and depreciation recapture are calculated on a rental property sale, and how a 1031 exchange can defer both

Client Situation

An investor in Fort Worth, TX owned a rental property for many years and wanted to understand the tax exposure of a straight sale before deciding whether to pursue a 1031 exchange instead.

Our Approach

We walked through how adjusted basis, depreciation recapture, and net investment income tax combine to determine the total tax liability on a sale, then explained how the 1031 exchange timeline could defer that liability.

Expected Outcome

The investor understood the tax consequences of a straight sale compared to an exchange and could bring informed questions to their CPA before finalizing a decision.

Contact us to discuss your situation in Fort Worth, TX. We can share references upon request.

Identification rules

Plain English guide for IRS safe harbors

These rules protect exchange buyers in Fort Worth, TX. Each option is valid when you follow the written delivery requirements outlined by your Qualified Intermediary.

Three property rule

Name up to three properties of any value. Provide full legal descriptions and keep backups of delivery receipts.

Two hundred percent rule

Name more than three properties as long as aggregate fair market value stays under 200 percent of the relinquished price.

Ninety five percent rule

Identify any number of assets and close on at least 95 percent of the total value you listed.

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Educational content only. Not tax, legal, or investment advice.

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