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Old 04-15-2005, 11:05 PM
D. Stussy
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Default Re: Home office Recapture

Stuart A. Bronstein wrote:
- quote -

> jcoggshall[at]comcast.net wrote:

> > Help me understand something since I was unable to find any
> > postings that answered this common situation....
> > > I am an employee who is currently required to work out of my

> > home. Therefore I must depretiate that portion of the home's
> > value in which I use it as an office. That depretiation
> > works out to be $1,200 a year. However, the amount of my
> > Misc deduction over 2% of my AGI is only $160 dollars. Now
> > when I sell my house, I must still recapture the $1,200 from
> > the depretiation, even though I was only actually able to
> > realize a $160 deduction. Am I missing something?


> As I recall, the code says you must recapture depreciation
> "allowed or allowable." So my guess is that you're out of
> luck.


I'm not certain that means that he was out of luck.
Remember that although it did contribute towards the total
that eventually exceeded the 2% AGI floor, there is a
distinct ordering (tiers) to the expenses under IRC 280A.
Therefore one could argue that the depreciation (last tier)
was not "allowed" due to being absorbed by the 2% floor. Is
there a court case or TAM on this?

- quote -

> Maybe you should just sell your house when your taxable
> equity reaches $250,000. Then you can get a new house and
> start over from scratch.


That won't help him as post May-97 depreciation may be
recognized regardless as ordinary income on the sale. (Or
whatever form 4797 comes out to be).

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Old 04-12-2005, 07:57 PM
Stuart A. Bronstein
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Posts: n/a
Default Re: Home office Recapture

jcoggshall[at]comcast.net wrote:

- quote -

> Help me understand something since I was unable to find any
> postings that answered this common situation....
> I am an employee who is currently required to work out of my
> home. Therefore I must depretiate that portion of the home's
> value in which I use it as an office. That depretiation
> works out to be $1,200 a year. However, the amount of my
> Misc deduction over 2% of my AGI is only $160 dollars. Now
> when I sell my house, I must still recapture the $1,200 from
> the depretiation, even though I was only actually able to
> realize a $160 deduction. Am I missing something?


As I recall, the code says you must recapture depreciation
"allowed or allowable." So my guess is that you're out of
luck.

Maybe you should just sell your house when your taxable
equity reaches $250,000. Then you can get a new house and
start over from scratch.

Stu

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 04-11-2005, 08:30 PM
jcoggshall@comcast.net
Guest
 
Posts: n/a
Default Home office Recapture

Help me understand something since I was unable to find any
postings that answered this common situation....

I am an employee who is currently required to work out of my
home. Therefore I must depretiate that portion of the home's
value in which I use it as an office. That depretiation
works out to be $1,200 a year. However, the amount of my
Misc deduction over 2% of my AGI is only $160 dollars. Now
when I sell my house, I must still recapture the $1,200 from
the depretiation, even though I was only actually able to
realize a $160 deduction. Am I missing something?

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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home, office, recapture
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