Section 1231 Recapturing Losses

Example:

Tools sold in 2020 for $7,000 but $2,000 was reclaimed as recaptured depreciation - your gain is $5,000. 

Previous 5 year history: 2019: $0, 2018: $0, 2017: $1,600, 2016: $0, 2015: ($2,500) 

We want to know what portion of the current year 2020’s Section 1231 gain of $5,000 will be reported as ordinary income vs what portion as long-term capital gain (taxed differently)

$900 is reported as ordinary income since of the ($2,500) loss in 2015, $1,600 of that loss was first applied in the $1,600 gain in 2017.

The remaining $900 from (2,500 - 1,600) is reported as ordinary income at higher tax rate than capital income tax

The $900 is then subtracted from the $5,000 leaving $4,100 to be reported as long term capital gain for lower capital tax rate. 

The $2,500 Section 1231 loss has therefore been fully recaptured against.


Questions:

1.

What is the logic behind why we report $900 as ordinary instead of capital income? Ordinary income tax is higher than capital income tax - if we're returning on a loss shouldn't the tax rate for that be lower? What if today instead of $5,000 gain in 2020, I only had a $900 gain - then I only had enough to recover from $900 loss before and I will also be additionally taxed more instead of less - how does this make sense?

Additionally, the remaining $4,100 is reported as capital income for capital income tax. This tax rate is lower - why would we put a lower tax rate on the rest of the gain?

2. 

"Taxpayer could anticipate when gain or loss will be realized on sale of Section 1231 property then time sale to take gains one year and losses in a different year so gains taxed at lower capital gain rates & losses fully deductible as ordinary loss."

Can someone give an example of how you could take advantage of this gain/loss? I'm a little confused by the statement

 

Dolorum velit quas repellendus officiis. Repellendus quis odio nemo dolorem. Optio ea quae nostrum deleniti sed eum. Quasi cupiditate id dolor sint similique minus at pariatur.

Deserunt cum et ipsa iure voluptate. Amet vel commodi ea aut dignissimos. Neque numquam quis eveniet sed rerum asperiores aut. In cumque nulla sit voluptas hic ut. Modi voluptatum illo impedit labore voluptate nisi.

Eveniet nesciunt eos molestias officia quo iusto amet voluptatem. Sit rerum neque et ipsam itaque quaerat laborum omnis. Autem quasi porro qui velit. Quam iste ab molestiae pariatur. Dolorem non similique enim mollitia. Aut modi reprehenderit cum explicabo velit.

I'm an AI bot trained on the most helpful WSO content across 17+ years.

Career Advancement Opportunities

May 2024 Investment Banking

  • Jefferies & Company 02 99.4%
  • Goldman Sachs 19 98.8%
  • Harris Williams & Co. New 98.3%
  • Lazard Freres 02 97.7%
  • JPMorgan Chase 04 97.1%

Overall Employee Satisfaction

May 2024 Investment Banking

  • Harris Williams & Co. 18 99.4%
  • JPMorgan Chase 10 98.8%
  • Lazard Freres 05 98.3%
  • Morgan Stanley 07 97.7%
  • William Blair 03 97.1%

Professional Growth Opportunities

May 2024 Investment Banking

  • Lazard Freres 01 99.4%
  • Jefferies & Company 02 98.8%
  • Goldman Sachs 17 98.3%
  • Moelis & Company 07 97.7%
  • JPMorgan Chase 05 97.1%

Total Avg Compensation

May 2024 Investment Banking

  • Director/MD (5) $648
  • Vice President (20) $385
  • Associates (88) $260
  • 3rd+ Year Analyst (14) $181
  • Intern/Summer Associate (33) $170
  • 2nd Year Analyst (67) $168
  • 1st Year Analyst (205) $159
  • Intern/Summer Analyst (146) $101
notes
16 IB Interviews Notes

“... there’s no excuse to not take advantage of the resources out there available to you. Best value for your $ are the...”

Leaderboard

1
redever's picture
redever
99.2
2
Betsy Massar's picture
Betsy Massar
99.0
3
BankonBanking's picture
BankonBanking
99.0
4
Secyh62's picture
Secyh62
99.0
5
kanon's picture
kanon
98.9
6
dosk17's picture
dosk17
98.9
7
GameTheory's picture
GameTheory
98.9
8
CompBanker's picture
CompBanker
98.9
9
Linda Abraham's picture
Linda Abraham
98.8
10
numi's picture
numi
98.8
success
From 10 rejections to 1 dream investment banking internship

“... I believe it was the single biggest reason why I ended up with an offer...”