This is a depreciation recapture. However, if taxpayer instead sells the widget for $1300, because their adjusted basis is $600, the result is a $700 gain. Of that amount, $400 of the gain (equivalent to the total amount of depreciation taken during the time owned) is taxed as ordinary income, and the remaining $300 is taxed at the more favorable capital gains tax rate. While this section is correct for Section 1245 property (in the U.S.A), it is not correct for Section 1250 property. For Section 1250 assets (real estate), Recaptured Depreciation is defined as "Additional Depreciation" in IRS Publication 544 (see column 3 on page 30 of the 2016 version of this publication). Additional Depreciation is the portion of Accumulated Depreciation in excess of straight line. It is taxed at ordinary income tax rates, which have a maximum rate of 39.6% or 37% after 2018(to the extent of any gain realized). The portion of Accumulated Depreciation which corresponds to straight line depreciation is called "Unrecaptured Section 1250 Gain" (though sometimes informally called "Unrecaptured Depreciation", and it is taxed at a maximum rate of 25% (also to the extent of any gain realized). The remainder of any gain realized is considered long-term capital gain, provided the property was held over a year, and is taxed at a maximum rate of 15% for 2010-2012, and 20% for 2013 and thereafter. If Section 1245 or Section 1250 property is held one year or less, any gain on its sale or exchange is taxed as ordinary income. Though this article is about Recaptured Depreciation, it would probably be a good place to explain Unrecaptured 1250 Gain as well as Long-Term and Short-Term Capital Gain. There should not be any differences between the treatment of Section 1245 property and Section 1250 property. Loss When a taxpayer takes a loss on the sale of an asset, there is no depreciation recapture. However, the taxpayer may qualify for ordinary loss treatment under IRC § 1231. Property affected IRC § 1245(a)(3) lists the property for which depreciation recapture rules apply. Under IRC § 1245(a)(3)(A), all personal property that can provide a depreciation offset to ordinary income is subject to depreciation recapture. Under rules contained in the current Internal Revenue Code, real property is not subject to depreciation recapture. However, under IRC § 1(h)(1)(D), real property that has experienced a gain after providing a taxpayer with a depreciation