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HOME GLOSSARY SECTION 1245 PROPERTY · VOLUME I · 2026 EDITION
GLOSSARY ENTRY · DEFINED TERM

Section 1245 Property

Tangible personal property — equipment, FF&E, and the 5-year, 7-year, and 15-year components reclassified through cost segregation. On disposition, depreciation is recaptured under IRC §1245 as ordinary income at rates up to 37%.

STATUTE BASIS · IRC §1245

In context

§1245 property includes all MACRS classes shorter than 27.5 or 39 years — 3-yr, 5-yr, 7-yr, 10-yr, 15-yr, and 20-yr. The 15-yr land improvements category is §1245 property by reference under §1245(a)(3)(D), even though land improvements are commonly thought of as “real estate.”

On disposition:

§1245 recapture = lesser of (gain on disposition) or (total depreciation taken)

The recapture amount is taxed as ordinary income at rates up to 37%.

This means the 100% bonus depreciation taken in year 1 on a 15-year land improvement is fully recaptured at ordinary income rates on disposition — not at the 25% unrecaptured §1250 gain rate.

The §1245 vs §1250 distinction is what gives cost segregation its disposition-side complexity: components reclassified into §1245 buckets generate ordinary recapture, while the residual §1250 building basis benefits from the 25% rate cap. Hold-period modeling and bracket-at-sale assumptions determine whether the net is positive.

See /recapture/ for the topic hub.