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Capital Gains

Tax Tip #279: Section 1231 Gain Treatment on Rental Sales

Rental property held over one year qualifies for Section 1231 treatment. Gains are taxed at long-term capital gains rates (0%, 15%, or 20%). Losses are treated as ordinary losses that can offset W-2 income. This asymmetric treatment is one of the best tax features of real estate. However, the 5-year lookback rule recaptures prior Section 1231 losses as ordinary income on current gains.

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