unrecaptured section 1250 gain
Defined in 1 place of the United States Code.
The term “unrecaptured section 1250 gain” means the amount of long-term capital gain which would be treated as ordinary income if—
(i) section 1250(b)(1) included all depreciation and the applicable percentage under section 1250(a) were 100 percent, and
(ii) in the case of gain properly taken into account after July 28, 1997, only gain from section 1250 property held for more than 18 months were taken into account.
Source
- 1997–199826 U.S.C. § 1Internal Revenue Code · Tax imposed · in this section
The term “unrecaptured section 1250 gain” means the excess (if any) of—
(i) the amount of long-term capital gain (not otherwise treated as ordinary income) which would be treated as ordinary income if section 1250(b)(1) included all depreciation and the applicable percentage under section 1250(a) were 100 percent, over
(ii) the excess (if any) of—
(I) the amount described in paragraph (4)(B); over
(II) the amount described in paragraph (4)(A).
Source
- 2005–present26 U.S.C. § 1Internal Revenue Code · Tax imposed · in this section
The term “unrecaptured section 1250 gain” means the excess (if any) of—
(i) the amount of long-term capital gain (not otherwise treated as ordinary income) which would be treated as ordinary income if section 1250(b)(1) included all depreciation and the applicable percentage under section 1250(a) were 100 percent, over
(ii) the excess (if any) of—
(I) the amount described in paragraph (5)(B); over
(II) the amount described in paragraph (5)(A).
Source
- 1998–200526 U.S.C. § 1Internal Revenue Code · Tax imposed · in this section