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Capital Gains Tax on Investment Property

Long-term versus short-term rates, state tax, and recapture combine on a Detroit investment property sale; here is how the pieces fit and where deferral fits in.

Investment property sits in a different tax category than a primary home, and owners moving assets around the Detroit metro, from a Troy office condo to an industrial parcel near the Warren rail spur, deal with several tax variables stacking on top of each other at once: holding period, depreciation recapture, state tax, and in some cases the net investment income surtax. None of these are avoidable simply by holding the property longer, and each has a different mechanism, which is why a single blended estimate rarely holds up once a CPA runs the actual numbers.

Long-Term Versus Short-Term Rates

Property held more than one year qualifies for long-term capital gains rates, which top out well below ordinary income tax brackets; property held a year or less is taxed at ordinary rates instead. A flip or a short-hold repositioning play in Southfield or Ferndale that closes before the one-year mark loses access to the lower rate entirely, which is worth factoring into the exit timeline from the day the property is acquired, not the week before the sale.

Recapture Sits on Top of the Capital Gain

Any depreciation claimed while the property was held as a rental or business asset is recaptured separately from the rest of the gain, generally at a rate capped around 25 percent. An investor who has owned a multifamily building for many years and depreciated it fully will often find recapture makes up a larger share of the total tax bill than the appreciation-driven gain does, particularly in a market where price growth has been moderate compared to depreciation taken. This is worth calculating early, since it can shift an owner's sense of whether a sale is worth pursuing at all in a given year.

State Tax and the Net Investment Income Tax

Michigan taxes capital gains as ordinary income at its flat rate, with no separate lower rate for long-term gains at the state level, and higher-income sellers can also owe the federal 3.8 percent net investment income tax. A full projection run before listing, rather than an estimate based only on the federal long-term rate, is what keeps a seller from underestimating net proceeds by a meaningful margin.

Where a 1031 Exchange Fits

A 1031 exchange defers capital gains and recapture together by moving proceeds into replacement investment property through a qualified intermediary under IRS timing rules, rather than eliminating either. It is available for property held for investment or business use, which covers most of what falls under this heading, though it is one path among several and does not suit an investor who wants to exit real estate entirely rather than continue holding it in another form.

Modeling the Decision Before Listing

The comparison that matters is after-tax proceeds from an outright sale against after-tax position from an exchange into a new property, run with actual basis and depreciation numbers rather than rough estimates. That comparison, done with a CPA before the property goes to market, changes both the listing strategy and the timeline an owner should plan around once an offer is accepted. It also gives the owner a real number to compare against any purchase agreement contingencies tied to financing or inspection, rather than negotiating blind.

Common 1031 Exchange Questions

Does the one-year holding period reset if I refinance an investment property?

No, refinancing does not affect the holding period for capital gains purposes. The clock runs from the original acquisition date regardless of financing changes made along the way.

Is Michigan's capital gains tax rate different from the federal rate?

Yes, Michigan taxes capital gains as ordinary income at its flat state rate with no separate long-term rate, while federal law applies a lower rate to gains on property held over a year. Both apply to the same sale independently.

Can depreciation recapture apply if the property never turned a profit while I owned it?

Yes, recapture is based on depreciation deductions actually claimed, not on whether the property was cash-flow positive. A property that ran at a loss every year can still generate a recapture bill at sale if depreciation was taken.

How does a 1031 exchange interact with the net investment income tax?

Deferring the gain through a valid exchange generally means there is no current-year gain subject to the net investment income tax, since the gain itself is not recognized in that year. This should be confirmed against the specific transaction with a CPA.

What is the first step before deciding to sell an investment property outright versus exchange?

Pulling the depreciation schedule and running an after-tax comparison of both paths with a CPA, ideally before listing, since the identification and closing timelines for an exchange start the day the sale closes.

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