AUGUST 2015 - REAL ESTATE & HOME BUILDERS GUIDE - PAGE 21 Taxes on sale of investment property Tribune Content Agency -- July 2, 2015 claiming that you have a loss on the sale of the property. The real question is determining what the “basis” is for the property to determine what the profit is. Basis in non-tax jargon usually means what the property cost you plus any improvements and the depreciation you took on the property over the years. Depending on where you end up, the taxes you end up paying could be minimal -- that is to say, if you are truly selling the property at a loss, the loss could offset any taxes that you may owe. By Ilyce Glink and Samuel J. Tamkin, Tribune Content Agency Q : We have owned a property in Florida for about 10 years and have rente d it out to tenants on a long- term basis. The home is a true rental and is not a vacation home. We have been taking depreciation on our tax returns since we purchased it. Here’s our question: Upon sale of the property (likely at a loss), how is the accumulated depreciation handled for federal tax purposes? As you can see, your question seemed straightforward, but your specific circumstances might make it quite complicated. Given all of this, we go back to telling you to talk to an accountant or tax professional that handles real estate investments to go over all of the issues with you. A : You need to know that we are not accountants and that we’d advise you to talk to an accountant to go over your specific issues. When it comes to investment property, you need to have a person that knows the ins and outs of real estate investments, your personal finances and the many issues that you might come across. Having said that, in general, if you have taken depreciation over the years, you are required to repay that depreciation when you sell at a rate of 25 percent. That means that if you took $100,000 in depreciation on a property over the last number of years and you now sell, you owe the federal government $25,000. On the other hand, if you sell the property at a profit, you may also owe federal income taxes on the gain you have on the sale of the property. Depending on whether the sale if long term or short term capital gains, you will have to pay between 15 percent and up to 40 percent on the gains from the sale of the property. Lastly, in many situations, the Affordable Care Act also requires an additional tax on the sale of investment real estate at around 3.8 percent. In your situation, you’re (Ilyce Glink is the creator of an 18-part webinar+ebook series called “The Intentional Investor: How to be wildly successful in real estate,” as well as the author of many books on real estate. She also hosts the “Real Estate Minute,” on her YouTube channel. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.) (c) 2015 ILYCE R. GLINK AND SAMUEL J. TAMKIN. DISTRIBUTED BY TRIBUNE CONTENT AGENCY, LLC.