Section 1250

DEFINITION of 'Section 1250'

A section of the United States Internal Revenue Service Code stating that a gain from selling real property that has been depreciated should be treated as ordinary income. Section 1250 bases the amount of tax due on the type of property owned (e.g., section 8 housing, rehabilitated properties) and how many months the property was owned for.

BREAKING DOWN 'Section 1250'

For example, if an investor purchased a property and it depreciated from its original purchase price of $100,000 down to $70,000 over several years of ownership and then sold the property for $110,000, the taxable gain is $40,000, not $10,000. If the property is disposed of as a gift, transferred at death, sold as part of a like-kind exchange or disposed of through other methods, no possible taxable gain exists.

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