Depreciation lets you deduct the cost of an asset over its useful life, reducing taxable income each year. It is one of the more valuable features of owning business or rental property.
It is also a deferral rather than a permanent benefit. When you sell, the depreciation you claimed reduced your basis, which increases your gain — and a portion of that gain is taxed at ordinary rates rather than at capital gains rates.
What changed in 2026
- Full first-year expensing returned. Restored bonus depreciation increased the amounts subject to eventual recapture — see bonus depreciation.
- Cost segregation adoption grew. Accelerating depreciation into shorter-lived components increased near-term deductions and future recapture — see cost segregation.
- The allowed-or-allowable rule stayed firm. Not claiming depreciation continued to provide no protection.
- Exchange rules stayed restricted to real property. Deferring recapture on personal property remained unavailable through exchanges.
How it works
Depreciation reduces your basis in the asset. Lower basis means larger gain when you sell.
That much is arithmetic. The recapture rules then determine how much of that gain is taxed at ordinary rates rather than at capital gains rates.
| Asset type |
Treatment |
| Personal property — equipment, vehicles |
Gain up to depreciation claimed is ordinary income |
| Real property — buildings |
Depreciation portion taxed at a special rate above long-term capital gains |
| Land |
Not depreciable, so no recapture |
For equipment, the recapture is straightforward and can be substantial: gain up to the total depreciation claimed is ordinary income. Sell a fully-depreciated machine for a meaningful sum and essentially the whole amount is ordinary income.
For buildings, the depreciation portion is taxed at a rate above the long-term capital gains rate but generally below the top ordinary rate, with the remaining gain taxed at capital gains rates.
The practical consequence is that a property sale has at least two tax components at different rates, and modelling it as a single capital gain understates the bill.
Allowed or allowable
The rule that catches people who thought they had avoided the problem.
Recapture applies to the depreciation you were allowed to take, not merely what you actually claimed. Skipping depreciation deductions does not preserve your basis — the basis is reduced by the depreciation you could have taken regardless.
So failing to claim depreciation means losing the deduction and facing the recapture. The worst of both.
This affects rental owners who did not realise depreciation was available, or who omitted it thinking it simplified their return. There are procedures for correcting missed depreciation, and they are worth pursuing rather than accepting the loss.
Deferring it
A like-kind exchange can defer both the gain and the recapture on qualifying real property, by rolling the proceeds into replacement property. The deferred amounts carry forward into the new property's basis rather than disappearing — see like-kind exchange rules.
Note the restriction: these exchanges apply to real property only. Equipment and other personal property no longer qualify, which removed a previously common deferral route.
An installment sale spreads gain across years as payments are received, which can keep you in lower brackets. Recapture on personal property is generally recognised in the year of sale regardless, which limits the benefit — see installment sales.
Holding until death may result in a basis step-up under current rules, eliminating both gain and recapture for heirs. That is an estate planning consideration rather than a strategy for a lifetime sale — see step-up basis explained.
Common mistakes
- Budgeting a sale at capital gains rates. Recapture is separate and at higher rates.
- Not claiming depreciation to avoid recapture. Does not work; loses the deduction too.
- Forgetting the home office component. Depreciation claimed there is recaptured on the home sale — see the home office deduction.
- Assuming an exchange covers personal property. It does not.
- Aggressive acceleration without modelling the exit. Cost segregation increases future recapture.
- Not tracking depreciation by component. Different components recapture differently.
FAQ
Can I avoid recapture entirely?
Not on a taxable sale. It can be deferred through a qualifying exchange, or eliminated for heirs through a basis step-up under current rules. A straightforward sale realises it.
Does this apply to a primary residence?
Only to the extent depreciation was claimed — typically for a home office or a period of rental use. That portion is recaptured and not sheltered by the residence exclusion.
How do I find out how much depreciation I have claimed?
Your depreciation schedules, maintained year to year. If they are incomplete, reconstructing them before a sale is necessary and much easier than doing it afterwards.
Does bonus depreciation change the recapture?
It accelerates the deductions, so more depreciation is claimed earlier, so more is subject to recapture sooner. The total is not increased; the timing is.
Where to go next
For the accelerated deductions that increase future recapture, read bonus depreciation and cost segregation. For deferral, like-kind exchange rules.
This is general information, not tax advice. Recapture rules are detailed and asset-specific; consult a qualified preparer before a sale.