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California Real Estate Taxes

Depreciation Recapture and Investment Property Taxes

The tax that catches rental sellers off guard. Here is how depreciation recapture works, why it is often taxed more heavily than your gain, and how a 1031 exchange defers the whole thing.

Reviewed by Guillermo Serafin, Responsible Broker, DRE #01471159 · Serve First Realty Inc., DRE# 02133513 · Updated July 22, 2026

A small model house with a set of keys

Investment property is taxed differently from a home you live in, and the difference that catches the most sellers off guard is depreciation recapture. It is a tax on a benefit you already received, and on a rental held for many years it can add up to a large, unexpected number at closing. Understanding how it works, alongside the other ways investment property is taxed, is essential before you sell or plan an exit.

First, how depreciation works

When you own a residential rental, the tax code lets you deduct the cost of the building, not the land, over 27.5 years. This annual depreciation deduction reduces your taxable rental income each year, which is a real benefit while you hold the property. Commercial property depreciates over a longer schedule, but the principle is the same: you write off a portion of the building's value every year.

The catch is that depreciation also lowers your cost basis in the property. A lower basis means a larger gain when you sell, and the portion of that gain attributable to depreciation is taxed under its own rules.

Depreciation recapture at sale

When you sell, the government recaptures the depreciation you claimed. Federally, this recaptured amount is taxed at a rate up to 25 percent, higher than the long-term capital gains rate that applies to the rest of your gain. California does not have a separate recapture rate, but it taxes the recaptured amount as ordinary income at your full state rate, up to 13.3 percent, with no cap.

The result is that recapture is often taxed more heavily than the appreciation portion of your gain. On a property you have depreciated for a decade or more, the recapture tax alone can reach five or six figures. Because it is calculated on depreciation you were allowed to take, whether or not you actually claimed it, skipping depreciation to avoid recapture does not work; the IRS calculates it as if you took it.

The full tax picture on an investment sale

Selling a rental generally triggers three layers of tax. First, depreciation recapture on the depreciation taken. Second, capital gains tax on the appreciation above your original basis, taxed federally at 0, 15, or 20 percent plus a possible 3.8 percent surtax, and by California as ordinary income. Third, on high-value sales in certain cities, a local transfer tax. There is no primary-residence exclusion to soften any of it, which is why the total can be surprising.

This is the central reason investors turn to a 1031 exchange, which defers both the capital gains and the depreciation recapture entirely if you reinvest into like-kind property. Our 1031 deferral calculator shows how much tax an exchange would defer, including the recapture portion.

Planning around it

Beyond a 1031 exchange, investors use a few approaches. An installment sale spreads the gain, and the recapture, across multiple years to soften the bracket impact, though recapture rules on installment sales have their own wrinkles. Holding property inside a self-directed IRA changes the tax treatment entirely, since the IRA, not you, owns the asset, though that path has its own rules around non-recourse financing and unrelated business income. Our self-directed IRA guide covers that route. And at death, heirs may receive a stepped-up basis that eliminates the deferred gain and recapture, a key reason some investors hold and exchange rather than cash out.

The right approach depends on your goals, your other income, and what you plan to do next. If you own rental property and are thinking about selling, our guide for landlords lays out the options. For the tax specifics, a CPA who knows real estate is well worth the fee.

Selling a rental and worried about the tax? Serve First Realty helps you weigh the options, including a 1031 exchange, with Ashlar Lending on financing and Ashlar LDA on documents. For the recapture and capital gains math specific to your property, work with a real estate CPA.

Frequently asked questions

What is depreciation recapture?

When you sell a rental property, the government recaptures the depreciation deductions you took over the years. That recaptured amount is taxed federally at a rate up to 25 percent, and by California as ordinary income up to 13.3 percent. It is effectively a tax on a benefit you already received while you owned the property.

Can I avoid depreciation recapture by not claiming depreciation?

No. The IRS calculates recapture based on the depreciation you were allowed to take, whether or not you actually claimed it. Skipping the deduction does not avoid the recapture tax; it just costs you the annual benefit. The main way to defer recapture is a 1031 exchange into like-kind investment property.

How is a rental property sale taxed in California?

A rental sale generally triggers three things: depreciation recapture on the depreciation taken, capital gains tax on the appreciation, and possibly a local transfer tax on high-value sales. California taxes both the recapture and the gain as ordinary income up to 13.3 percent, with no primary-residence exclusion available for a rental.

Does a 1031 exchange defer depreciation recapture?

Yes. A properly executed 1031 exchange defers both the capital gains tax and the depreciation recapture, as long as you reinvest the full proceeds into like-kind investment property and follow the 45-day and 180-day deadlines. The deferred amounts carry into the new property until you sell without exchanging again.

How much is depreciation recapture on a long-held rental?

It depends on how much depreciation you claimed, which grows the longer you hold. On a property depreciated for a decade or more, the recaptured amount can be substantial, taxed federally up to 25 percent and by California at your full ordinary rate. A 1031 deferral calculator can estimate the recapture portion for your property.

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This article is general educational information, not legal, tax, or financial advice, and tax laws change and apply differently to each situation. Confirm any figures and strategies with a qualified CPA, tax attorney, or advisor before acting. Serve First Realty Inc. is a licensed California real estate brokerage (DRE# 02133513), not a law firm or tax advisor. Figures reflect 2026 rules and are subject to change.