The maximum amount of the unrecaptured § 1250 gain (25% gain) is the depreciation taken on real property sold at a recognized gain.

Name: The maximum amount of the unrecaptured § 1250 gain (25% gain) is the depreciation taken on real property sold at a recognized gain.
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The unrecaptured § 1250 gain is determined by taking the lesser of the recognized gain on the sale of real property and the depreciation taken on the property. It is taxed at a maximum rate of 25%.

The Maximum Amount of the Unrecaptured § 1250 Gain (25