asked

A taxpayer used to have a Schedule C musician trade/business, during which musical instruments were purchased and depreciated. The trade ceased and was inactive for a couple of years. The taxpayer took the fully depreciated asset as a personal asset (basis zero). When they sell that asset, is there any depreciation recapture? Assume original cost of $20,000 and full depreciation. Assume the instrument appreciated to $50,000, is sold, and total income is in the net investment tax range. I'm struggling with treating this as a personal asset sale, subject to NIIT, or as a sale of a business asset. Thanks in advance.

April 1st, 2024

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