Section 1250 and Section 1245 of the Internal Revenue Code pertain to the recapture of depreciation deductions claimed on certain types of property. Section 1245 property generally includes tangible personal property used in a trade or business, such as machinery, equipment, and vehicles. Section 1250 property typically encompasses depreciable real property, including buildings and structural components. The distinction lies in how depreciation recapture is calculated and taxed upon the sale of these assets. For example, a manufacturing plant would be considered Section 1250 property, while the machinery within the plant would fall under Section 1245.
Understanding the difference between these classifications is critical for accurate tax planning and compliance. Recapturing depreciation ensures that gains attributed to previously claimed deductions are taxed appropriately. Historically, the rules governing depreciation recapture have evolved to reflect changes in tax policy and economic conditions. Correctly categorizing assets as either Section 1250 or 1245 property is essential for determining the applicable tax rates and minimizing potential tax liabilities upon disposition.