{"id":100181,"date":"2018-06-30T11:00:27","date_gmt":"2018-06-30T17:00:27","guid":{"rendered":"https:\/\/www.biggerpockets.com\/renewsblog\/?p=100181"},"modified":"2021-03-16T13:57:45","modified_gmt":"2021-03-16T19:57:45","slug":"cost-segregation-why-give-your-money-to-the-irs-when-they-let-you-keep-it","status":"publish","type":"post","link":"https:\/\/www.biggerpockets.com\/blog\/cost-segregation-why-give-your-money-to-the-irs-when-they-let-you-keep-it","title":{"rendered":"Why Give Your Money to the IRS When You Could Keep it?"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Do you own an investment property valued at $1,000,000 or more?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Do you pay federal income taxes?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Do you operate a corporation or entity that is for-profit?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Are you planning to the hold the property for more than one year?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">If you answered yes to all of these questions, you are eligible to enter a raffle that will be held at the end of this article. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Just kidding. But you are eligible for major tax benefits, so keep reading. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">You already know that real estate is the best industry to be in, but \u00a0you\u2019re about to learn that it\u2019s even better than you thought. Why? Because of all the tax perks that come along with it.<\/span><\/p>\n<h2>What is Depreciation?<\/h2>\n<p><span style=\"font-weight: 400;\">It&#8217;s one of the best gifts Uncle Sam gave to property owners and real estate investors. Depreciation is a special tax deduction based on the concept that the more something is used, the lower its value goes. When you drive a new car off the lot, it immediately goes down in value. It\u2019s the same with real estate. Every year, the IRS allows you to take a deduction of the property value against that loss in value. (This does not include the value of the land, which doesn\u2019t depreciate each year). But here\u2019s the best part \u2014 this applies even if your property value is <\/span><i><span style=\"font-weight: 400;\">appreciating <\/span><\/i><span style=\"font-weight: 400;\">each year!<\/span><\/p>\n<p><em><strong>Related:<\/strong>\u00a0<a href=\"\/renewsblog\/2015\/04\/26\/cost-segregation-increase-annual-depreciation-save-money\/\" target=\"_blank\" rel=\"noopener\">How to Use Cost Segregation to Increase Annual Depreciation (&amp; Save Money!)<\/a><\/em><\/p>\n<p><span style=\"font-weight: 400;\">Simply put, depreciation is a paper write off for real estate. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">OK, so I understand what depreciation is. And I know that a residential property is depreciated over 27.5 years\u2014and a commercial over 39. But what does it mean to <\/span><i><span style=\"font-weight: 400;\">accelerate<\/span><\/i><span style=\"font-weight: 400;\"> that depreciation?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">These are very long periods of time. To make the benefits of depreciation more tangible, the IRS established shorter \u201clives,\u201d as follows: <\/span><\/p>\n<ol>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Five years for personal property within the building (flooring, boilers, etc.)<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Fifteen years for \u2018land improvements\u201d outside the building.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The standard 27.5\/39 year rate for the structure of the actual building.<\/span><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">What does this mean for you? You can depreciate the value of the first two categories of assets at a faster rate and start saving on taxes during those first few years after purchase. These savings you can reinvest in other ventures. <\/span><\/p>\n<h2>How Much of a Property Can Generally be Re-classified Through Cost Segregation?<\/h2>\n<p><span style=\"font-weight: 400;\">Usually between 10 percent and 30 percent of the property value.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">OK, so let\u2019s make sure I understand this completely. What are some examples of five-year personal property?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Flooring, carpeting, wall coverings, appliances, furnishings, special purpose lighting, special purpose plumbing, special purpose electric, and much more.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">What are examples of 15 year property\u00a0 land improvements?<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Asphalt, fencing, landscaping, signage, etc.<\/span><\/p>\n<p><em>Wait. So, all these years I\u2019ve been willingly lending the IRS my money when I could have possibly lowered my tax liability to ZERO?<\/em><\/p>\n<p><span style=\"font-weight: 400;\">Umm&#8230;yes. But you can stop today!<\/span><\/p>\n<p>Now comes my most important question:<\/p>\n<h2>Why Didn\u2019t my Accountant Tell me About This?<\/h2>\n<p><span style=\"font-weight: 400;\">A CPA isn\u2019t qualified to perform <a href=\"\/renewsblog\/2015\/04\/26\/cost-segregation-increase-annual-depreciation-save-money\/\" target=\"_blank\" rel=\"noopener\">cost segregation<\/a>. Tax knowledge is not enough. You also need to understand engineering to calculate how each structure depreciates. That\u2019s why there are cost segregation firms \u2013 which employ engineers that are trained in the tax code and tax experts who work together to conduct the cost segregation study. \u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Your CPA can certainly apply the results once the cost segregation study is complete. But the IRS recommends (not requires) that those \u201ccompetent in construction methodology or techniques\u201d perform the actual study determining how much you can save. <\/span><\/p>\n<h2>Who Works at These Firms, if Not Accountants?<\/h2>\n<p><span style=\"font-weight: 400;\">The firms hire engineers that are trained in the tax code <em>and<\/em> tax experts, and they work together to conduct the cost segregation study according the Cost Segregation Audit Techniques Guide from the IRS.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But you can\u2019t just make claims. Everything has to be documented: what you built, when it was built, and how much you paid for it. The construction budget or the AIA (American Institute of Architects) documents will be used during the study. <\/span><\/p>\n<h2>Does This Mean That Certain Materials and Building Methods Can Save me More Money?<\/h2>\n<p><span style=\"font-weight: 400;\">Yes. The materials used and how they are affixed make a difference in whether the property is considered a five-year property. As we said above, if something is part of the main structure, it is not personal property and can\u2019t be accelerated.<\/span><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-83723\" src=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2016\/11\/leadership.jpg\" alt=\"\" width=\"702\" height=\"336\" title=\"\" srcset=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2016\/11\/leadership.jpg 702w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2016\/11\/leadership-300x144.jpg 300w\" sizes=\"auto, (max-width: 702px) 100vw, 702px\" \/><\/p>\n<h2>What Are Some Common Examples of Things That Could be Eligible if Done Properly?<\/h2>\n<p><span style=\"font-weight: 400;\">Floor coverings \u2014 if it\u2019s affixed with permanent adhesive, nailed, or screwed, then it\u2019s considered part of the structure.<\/span><\/p>\n<p><span style=\"font-weight: 400;\"><strong>Not eligible:<\/strong> ceramic tile, marble, paving brick, or permanent wood floors.<\/span><\/p>\n<p><span style=\"font-weight: 400;\"><strong>Eligible:<\/strong> strippable adhesives such as vinyl-composition tile, sheet vinyl, carpeting, and floating hardwood floors.<\/span><\/p>\n<h2>Should I Have Cost Segregation in Mind Already as Soon as I Start Building or Renovating?<\/h2>\n<p><span style=\"font-weight: 400;\"> You should. A savvy real estate professional will keep this in mind.<\/span><\/p>\n<p><em><strong>Related:<\/strong>\u00a0<a title=\"Your Tax Write-Offs Could Affect Your Ability to Get a Loan: Here\u2019s How\" href=\"\/renewsblog\/2015\/01\/15\/tax-write-off-affect-loan-approval\/\" target=\"_blank\">Your Tax Write-Offs Could Affect Your Ability to Get a Loan: Here\u2019s How<\/a><\/em><\/p>\n<h2>What are Other Examples of Things That Could be Eligible?<\/h2>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Mirrors clipped to the wall instead of glued on.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Portable air conditioner units that plug in instead of being hard wired.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Demountable walls. These have become a very common trend in corporations, educational institutions, health care, and government organizations. Such walls, in addition to making customizable work space easy, can bring in major tax savings as they are not considered a structural component. <\/span><\/li>\n<\/ul>\n<h2>Are There Other Benefits to Bringing in a Cost Segregation Expert in the Planning Stages?<\/h2>\n<p><span style=\"font-weight: 400;\">Yes. Cost segregation engineers can review the construction contract and identify the line items that need to be priced out separately. Knowing the actual costs will allow for a much more accurate report than having the engineers estimate the cost down the line. <\/span><\/p>\n<h2>When Does the Property Begin to Depreciate?<\/h2>\n<p><span style=\"font-weight: 400;\">Depreciation begins when the property is &#8220;placed in service.&#8221; For a new construction, this is generally when the property is advertised as &#8220;ready to move in,&#8221; or when monies have been transferred to a permanent account.<\/span><\/p>\n<h2>When Doing Renovations, What Needs to be <em>C<\/em><i>apitalized <\/i>and Depreciated \u2014 And What Can Just be Deducted as an Immediate Write Off?<\/h2>\n<p><span style=\"font-weight: 400;\">If the property is rehabbed before being put into service, the rehab expenses should be added to the basis. If rehab work is done while in service (tenants are still there), you can fully expense an item that would normally be capitalized if it&#8217;s less than $2,500. \u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\">You can only fully expense those items (it&#8217;s called <a href=\"https:\/\/www.irs.gov\/businesses\/small-businesses-self-employed\/tangible-property-final-regulations\" target=\"_blank\" rel=\"noopener\">de minimis safe harbor<\/a> rules if you want to get technical) <\/span><i><span style=\"font-weight: 400;\">after <\/span><\/i><span style=\"font-weight: 400;\">the property is placed into service. Where the expenses were incurred <\/span><i><span style=\"font-weight: 400;\">before <\/span><\/i><span style=\"font-weight: 400;\">the property is placed into service, then they almost always have to be capitalized.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">That&#8217;s the technical answer.<\/span><\/p>\n<h2>Does This Put me at Risk of an Audit?<\/h2>\n<p><span style=\"font-weight: 400;\">If the engineering report is well-documented, the cost segregation is not only a permissible depreciation method, but it is actually the <\/span><em>preferred<\/em><span style=\"font-weight: 400;\"> technique under the internal revenue code. However, if a CPA uses ad hoc calculation, or relies on a contractor\u2019s guesstimations of cost, it is a surefire way to fail in the event of an audit.<\/span><\/p>\n<h2>Are There Any Other Advantages of Doing a Cost Segregation Study?<\/h2>\n<p><span style=\"font-weight: 400;\">If a building component subsequently needs replacement and a cost segregation study was done on it, taxpayers can write off that component\u2019s remaining tax basis. <\/span><\/p>\n<p><span style=\"font-weight: 400;\"><strong>Example:<\/strong> A cost segregation study showed the carpeting to be initially valued at $100,000. Two years later, when the carpeting has an adjusted tax basis of $80,000, it needs to be replaced. The taxpayer could deduct an\u00a0<\/span><b>$80,000 loss<\/b><span style=\"font-weight: 400;\">. Without a cost segregation study, though, no loss could be taken because the carpeting and building tax basis would remain intertwined.<\/span><\/p>\n<h2>What is 100 Percent Bonus Depreciation?<\/h2>\n<p><span style=\"font-weight: 400;\">A new law that took effect on September 28, 2017, determined that any five- or 15-year asset placed in service (by you) for the first time \u2014 whether it was just constructed or newly acquired \u2014 is now eligible to depreciate the entire value of an item <\/span><i><span style=\"font-weight: 400;\">in the first year<\/span><\/i><span style=\"font-weight: 400;\">. With this law, it is more important than ever for real estate companies to use qualified cost segregation experts to maximize their savings and be eligible for 100% bonus depreciation. <\/span><\/p>\n<h2>What is the Biggest Fear When Discussing Accelerated Depreciation?<\/h2>\n<p><span style=\"font-weight: 400;\">Depreciation recapture. When you sell a property, you must pay tax (capped at 25 percent) on the amount that you took depreciation deductions. So if you took $100,000 of depreciation deductions, you will have to pay $25,000 in tax upon sale of the property. This is only if you sell for a profit. However, the amount of personal property depreciation that was taken is taxed at your ordinary income rate.<\/span><\/p>\n<h2>Can This be Avoided?<\/h2>\n<p><span style=\"font-weight: 400;\">With a 1031 like-kind exchange (details in another article) you can defer these taxes even further.<\/span><\/p>\n<h2>If I Accelerate the Depreciation on my Five-year Personal Property, Will I Have to Pay Taxes on All of That When I Sell?<\/h2>\n<p><span style=\"font-weight: 400;\">It depends. Consult your CPA or tax adviser to learn about different strategies.<\/span><\/p>\n<p><em>&#8220;You were right \u2014 I really did win a lottery. I\u2019m going to cash in on it now!&#8221;<\/em><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-91220\" src=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/08\/blog_ads-02.jpg\" alt=\"\" width=\"700\" height=\"85\" title=\"\" srcset=\"https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/08\/blog_ads-02.jpg 700w, https:\/\/www.biggerpockets.com\/blog\/wp-content\/uploads\/2017\/08\/blog_ads-02-300x36.jpg 300w\" sizes=\"auto, (max-width: 700px) 100vw, 700px\" \/><\/p>\n<p><em>Do you have questions about cost segregation?<\/em><\/p>\n<p><strong>Share them below!<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Everything you ever wanted to know about cost segregation: How your property depreciates, and why you should consider accelerating depreciation to increase your cash-flow. Insights and strategies to maximize tax write offs by designing and constructing your property with the help of a cost segregation engineer.<\/p>\n","protected":false},"author":333713,"featured_media":100309,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5527],"tags":[],"class_list":["post-100181","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-commercial-real-estate-investing"],"acf":[],"comment_count":0,"_links":{"self":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/100181","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/users\/333713"}],"replies":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/comments?post=100181"}],"version-history":[{"count":0,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/100181\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media\/100309"}],"wp:attachment":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media?parent=100181"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/categories?post=100181"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/tags?post=100181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}