Answer the following statements true (T) or false (F)

1. A business plans to sell its office building which it acquired and placed in service in 1995. Sec. 1250 requires a portion of gain realized on the sale of a building used in a business and depreciated under MACRS to be recaptured as ordinary gain.
2. For noncorporate taxpayers, depreciation recapture is not required on real property placed in service after 1986.
3. When corporate and noncorporate taxpayers sell real property placed in service after 1986, all depreciation taken will be taxed at a maximum rate of 25%.
4. Unrecaptured 1250 gain is the amount of long-term capital gain which would be taxed as ordinary income if Sec. 1250 provided for the recapture of all depreciation and not just additional depreciation.
5. The amount recaptured as ordinary income under either Sec. 1245 or Sec. 1250 can never exceed the realized gain


1. FALSE
Sec. 1250 requires recapture of accumulated depreciation in excess of the straight-line amount, but all buildings placed in service after 1986 must use straight-line under MACRS.
2. TRUE
Taxpayers are required to use straight-line depreciation under MACRS for property placed in service after 1986 so there is no "additional" depreciation under Sec. 1250.
3. FALSE
Corporations do not have a preferential long-term capital gains rate.
4. TRUE
Sec. 1250 requires recapture of only "additional" depreciation, the excess of accumulated depreciation using an accelerated method over recalculated accumulated depreciation using straight-line depreciation.
5. TRUE
Sec. 1245 and Sec. 1250 depreciation recapture provisions affect the character of the gain, not the amount of the gain. See Topic Reviews I:13-1 and I:13-2.

Business

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