What percentage is the structure worth vs land for depreciation?
In California in the property tax bill you can see sometimes the land is 90% and the structure is 10% but the reality to rebuild the structure can sometimes cost more then the house purchase price. So what percentage ratio is best to use?
I guess even if the IRS audits you can show the structure is worth at least 90% of the purchase price.
For example if the house cost $800,000 according the the tax bill the structure is worth like 100k but definitely no one will build you a structure for 100k.
What do you think?
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
What percentage is the structure worth vs land for depreciation?
In California in the property tax bill you can see sometimes the land is 90% and the structure is 10% but the reality to rebuild the structure can sometimes cost more then the house purchase price. So what percentage ratio is best to use?
I guess even if the IRS audits you can show the structure is worth at least 90% of the purchase price.
For example if the house cost $800,000 according the the tax bill the structure is worth like 100k but definitely no one will build you a structure for 100k.
What do you think?
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
Interesting perspective, "the U.S. Tax Court released Summary Opinion 2017-31 in May 2017, concluding that a county assessor’s allocation to land and improvement values was more reliable than the taxpayer’s proposed values. The Tax Court noted it could not find any authority that suggests a taxpayer is qualified to allocate the value of property between land and improvements."
So, let me be more clear " I allocate 0.790283466 to structure and .209716534 to land, based on value of worm count per square yard for fishing for trout in the local river. And I haven't been bothered yet.
(Actually, I use the "by guess & by golly" method, but don't tell anyone.) After all, how much is land worth? If it has gold below the surface is it worth more? If it has contaminants below the surface such as Flint MI
is it worth less? It's a head scratcher to me. ;-)
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
Interesting perspective, "the U.S. Tax Court released Summary Opinion 2017-31 in May 2017, concluding that a county assessor’s allocation to land and improvement values was more reliable than the taxpayer’s proposed values. The Tax Court noted it could not find any authority that suggests a taxpayer is qualified to allocate the value of property between land and improvements."
I did not find anything in the case you cited that supports your 80/20 allocation, Mike. :)
What I did find is a very explicit confirmation of my approach:
"The relevant inquiry is the respective fair market values of the depreciable and
nondepreciable property at the time of acquisition."
And since the taxpayer in this court case could not prove his allocation, the Court took the county's ratio.
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
Interesting perspective, "the U.S. Tax Court released Summary Opinion 2017-31 in May 2017, concluding that a county assessor’s allocation to land and improvement values was more reliable than the taxpayer’s proposed values. The Tax Court noted it could not find any authority that suggests a taxpayer is qualified to allocate the value of property between land and improvements."
I did not find anything in the case you cited that supports your 80/20 allocation, Mike. :)
What I did find is a very explicit confirmation of my approach:
"The relevant inquiry is the respective fair market values of the depreciable and
nondepreciable property at the time of acquisition."
And since the taxpayer in this court case could not prove his allocation, the Court took the county's ratio.
What percentage is the structure worth vs land for depreciation?
In California in the property tax bill you can see sometimes the land is 90% and the structure is 10% but the reality to rebuild the structure can sometimes cost more then the house purchase price. So what percentage ratio is best to use?
I guess even if the IRS audits you can show the structure is worth at least 90% of the purchase price.
For example if the house cost $800,000 according the the tax bill the structure is worth like 100k but definitely no one will build you a structure for 100k.
What do you think?
Poignant question as I just paid property taxes (ouch) 28% for land in El Dorado county.
Determining the allocation of the property's value between land and improvements (structure) for depreciation purposes is important for tax purposes. The IRS does not provide specific guidelines on the percentage split between land and structures because it can vary based on factors such as location, property type, and market conditions. However, there are some general principles you can consider:
It's important to note that for tax purposes, the IRS requires you to use the Modified Accelerated Cost Recovery System (MACRS) for depreciating residential and commercial rental property. MACRS has specific recovery periods for different types of property.
While it might be tempting to allocate more to the structure for higher depreciation deductions, it's crucial to ensure that the allocation is reasonable and can be supported by appropriate documentation in case of an IRS audit. If the allocation appears to be significantly skewed, it could raise red flags during an audit.
Consulting with a tax professional, such as a certified public accountant (CPA) or tax advisor, can help you make informed decisions based on your specific property and financial situation. They can guide you in determining a reasonable allocation that complies with tax regulations and helps maximize your legitimate tax deductions
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
Interesting perspective, "the U.S. Tax Court released Summary Opinion 2017-31 in May 2017, concluding that a county assessor’s allocation to land and improvement values was more reliable than the taxpayer’s proposed values. The Tax Court noted it could not find any authority that suggests a taxpayer is qualified to allocate the value of property between land and improvements."
I did not find anything in the case you cited that supports your 80/20 allocation, Mike. :)
What I did find is a very explicit confirmation of my approach:
"The relevant inquiry is the respective fair market values of the depreciable and
nondepreciable property at the time of acquisition."
And since the taxpayer in this court case could not prove his allocation, the Court took the county's ratio.
How do mineral rights and water rights work in all of this? 12 years ago the irrigation district capped our well & forced onto their water.
What percentage is the structure worth vs land for depreciation?
In California in the property tax bill you can see sometimes the land is 90% and the structure is 10% but the reality to rebuild the structure can sometimes cost more then the house purchase price. So what percentage ratio is best to use?
I guess even if the IRS audits you can show the structure is worth at least 90% of the purchase price.
For example if the house cost $800,000 according the the tax bill the structure is worth like 100k but definitely no one will build you a structure for 100k.
What do you think?
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
Interesting perspective, "the U.S. Tax Court released Summary Opinion 2017-31 in May 2017, concluding that a county assessor’s allocation to land and improvement values was more reliable than the taxpayer’s proposed values. The Tax Court noted it could not find any authority that suggests a taxpayer is qualified to allocate the value of property between land and improvements."
So, let me be more clear " I allocate 0.790283466 to structure and .209716534 to land, based on value of worm count per square yard for fishing for trout in the local river. And I haven't been bothered yet.
(Actually, I use the "by guess & by golly" method, but don't tell anyone.) After all, how much is land worth? If it has gold below the surface is it worth more? If it has contaminants below the surface such as Flint MI
is it worth less? It's a head scratcher to me. ;-)
This is very interesting. Why the court decided to take LA county ratio?
I want to prove with facts how LA county plays with improvements values just to get more percentage to land value in more desirable areas.
By proving this I want to show that LA county assessments can't be use for IRS depreciation purpose and can only be used for property tax calculations.
I believe that if SHARON M. NIELSEN AND STEVE L. NIELSEN had a good lawyer he could have proved to the court that LA county data can't be used for IRS depreciation.
Here is examples of properties from Los Angeles county:
Property A (Reseda, CA)
Assessor improvements estimate: $212,900 (0.24%)
Price per sq.ft.: 212,900/1,450 = $147
URL: https://portal.assessor.lacounty.gov/parceldetail/2120007020
Property B (QUARTZ HILL, CA):
Assessor improvements estimate: $424,300 (0.52%)
Price per sq.ft.: 424,300/1,450 = $235
URL:https://portal.assessor.lacounty.gov/parceldetail/3001012031
Property B has 60% more value per sq.ft. for improvements than property A.
If you look on the pics Property A, it seems like it was recently remodeled and has newer interior so it makes no sense that property B will be 60% per sq.ft. more in improvements.
Property A pics:
Property B pics:
----------------------------
I don't see anyway to get a fair improvements value from LA county data. The ratios are not fair and are not by any meaning fair values for IRS deprecation calculations.
I believe in areas where there are not many land sales it's much more reliable to get a fair improvements value based on material and labor cost in the area then trying to get a fair land value.
There is no way that in a desirable areas structure value will be so low just because the land has high value. People need a house to live in, land enough is not enough. If the land cost 600k and the rebuild cost 600k and the median home sale price in the area is 800k no one is going to buy a new construction house there for 1.2M, This is not a fair value to say that the land will sell for 600k. It's not realistic. No one will do such a business.
----------------------------
Disclaimer: I choose random properties that were sold in the last year or two to demonstrate the issue with LA county "fair" improvements (structure) values.
All data and pics in this post are data I collected publicly.
I'm not a legal adviser and this is my own opinion.
You are asking the wrong question. The correct question is - how much could you sell the land for if there was no house?
You are not buying a house for $800k. You're buying land and the house, and some part of the $800k is for the house, and the other part is for the land. Need to find out what it is.
The replacement value of the house is irrelevant. What matters is - how much of your $800k went towards the house in its current condition.
Interesting perspective, "the U.S. Tax Court released Summary Opinion 2017-31 in May 2017, concluding that a county assessor’s allocation to land and improvement values was more reliable than the taxpayer’s proposed values. The Tax Court noted it could not find any authority that suggests a taxpayer is qualified to allocate the value of property between land and improvements."
I did not find anything in the case you cited that supports your 80/20 allocation, Mike. :)
What I did find is a very explicit confirmation of my approach:
"The relevant inquiry is the respective fair market values of the depreciable and
nondepreciable property at the time of acquisition."
And since the taxpayer in this court case could not prove his allocation, the Court took the county's ratio.
What percentage is the structure worth vs land for depreciation?
In California in the property tax bill you can see sometimes the land is 90% and the structure is 10% but the reality to rebuild the structure can sometimes cost more then the house purchase price. So what percentage ratio is best to use?
I guess even if the IRS audits you can show the structure is worth at least 90% of the purchase price.
For example if the house cost $800,000 according the the tax bill the structure is worth like 100k but definitely no one will build you a structure for 100k.
What do you think?
Poignant question as I just paid property taxes (ouch) 28% for land in El Dorado county.
You can choose one of the two paths. One is to keep walking in circles around your idea of how it should work. You already spent a lot of time building a case for your view. It is logical and well argued for, I'll give it to you.
The other path is to accept the fact that the tax law can't care less what you think to be logical/fair/accurate and so on. You and I don't get to write the law. (In my specific case, it's actually a blessing, as you don't want the laws that I could have conceived.) We have to follow the law written by others. It can be stupid, unfair, ridiculous, whatever. It is the law.
And the law makes one thing clear: You have to allocate the purchase price between the land and the building, and you have to base this allocation on some solid reasoning. Replacement value matters for insurance but does NOT matter for taxes.
In this court case, the Court did not say that the county was accurate. They decided that the county's method was more convincing than the method used by the hapless taxpayer. I can guarantee you that your method would have been tossed by the Court just the same.
You can choose a ratio more beneficial than that of the county, but it needs to be more persuasive than what was rejected by the court.
Even if you do not have bare land sales, you can probably find comps of similar properties located on different size land, and this is one of several ways to figure out the land value. Your local Realtor should be able to help.
Determining the allocation of the property's value between land and improvements (structure) for depreciation purposes is important for tax purposes. The IRS does not provide specific guidelines on the percentage split between land and structures because it can vary based on factors such as location, property type, and market conditions. However, there are some general principles you can consider:
It's important to note that for tax purposes, the IRS requires you to use the Modified Accelerated Cost Recovery System (MACRS) for depreciating residential and commercial rental property. MACRS has specific recovery periods for different types of property.
While it might be tempting to allocate more to the structure for higher depreciation deductions, it's crucial to ensure that the allocation is reasonable and can be supported by appropriate documentation in case of an IRS audit. If the allocation appears to be significantly skewed, it could raise red flags during an audit.
Consulting with a tax professional, such as a certified public accountant (CPA) or tax advisor, can help you make informed decisions based on your specific property and financial situation. They can guide you in determining a reasonable allocation that complies with tax regulations and helps maximize your legitimate tax deductions
What you do if the land appraiser says it's worth 600k and the improvements appraiser says the structure is worth 600k but the purchase price was 800k. Where you cut off 400k? from land or improvements?
You can choose one of the two paths. One is to keep walking in circles around your idea of how it should work. You already spent a lot of time building a case for your view. It is logical and well argued for, I'll give it to you.
The other path is to accept the fact that the tax law can't care less what you think to be logical/fair/accurate and so on. You and I don't get to write the law. (In my specific case, it's actually a blessing, as you don't want the laws that I could have conceived.) We have to follow the law written by others. It can be stupid, unfair, ridiculous, whatever. It is the law.
And the law makes one thing clear: You have to allocate the purchase price between the land and the building, and you have to base this allocation on some solid reasoning. Replacement value matters for insurance but does NOT matter for taxes.
In this court case, the Court did not say that the county was accurate. They decided that the county's method was more convincing than the method used by the hapless taxpayer. I can guarantee you that your method would have been tossed by the Court just the same.
You can choose a ratio more beneficial than that of the county, but it needs to be more persuasive than what was rejected by the court.
Even if you do not have bare land sales, you can probably find comps of similar properties located on different size land, and this is one of several ways to figure out the land value. Your local Realtor should be able to help.

Court decision PDF: https://www.bradfordtaxinstitute.com/Endnotes/TC_Memo_1982-51.pdf
----------------------------
From 1982 tax court case, Meiers v Commissioner (T.C. Memo 1982-51) I'm learning that if I can prove that the replacement cost is 80% of the purchase price then I can allocate 80% for improvements and 20% for land.
What do you think?
What percentage is the structure worth vs land for depreciation?
In California in the property tax bill you can see sometimes the land is 90% and the structure is 10% but the reality to rebuild the structure can sometimes cost more then the house purchase price. So what percentage ratio is best to use?
I guess even if the IRS audits you can show the structure is worth at least 90% of the purchase price.
For example if the house cost $800,000 according the the tax bill the structure is worth like 100k but definitely no one will build you a structure for 100k.
What do you think?
There is no way that in a desirable areas structure value will be so low just because the land has high value. People need a house to live in, land enough is not enough. If the land cost 600k and the rebuild cost 600k and the median home sale price in the area is 800k no one is going to buy a new construction house there for 1.2M, This is not a fair value to say that the land will sell for 600k. It's not realistic. No one will do such a business.