Caution story: Cost segregation done WRONG

Caution story: Cost segregation done WRONG

Michael PlaksPro Member
Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes

I have written before about the pitfalls of cost segregation, for example here: https://www.biggerpockets.com/forums/51/topics/831924-beware... and here: https://www.biggerpockets.com/forums/51/topics/1075919-five-...

While cost segregation is an excellent and powerful strategy when used correctly and under the right circumstances, it is certainly not some master key that unlocks all doors all the time. And you need a trustworthy cost segregation provider.

With permission from my client, I am sharing a story how a very well known cost segregation provider recently destroyed that trust.

My client bought a multifamily property and did extensive renovations to it. A cost segregation study was done and looked just fine. As I was working on their taxes, I noticed that cost segregation was based on $180k worth of renovations while the total rehab cost was $310k. Naturally, we asked the cost segregation company to adjust their report. And they did.

And boy, did they adjust! Before looking at the screenshot below, ask yourself: if you add another $130k of rehab costs, what do you expect to happen to your numbers segregated by category? Go down? Go up? Stay the same? 

If you struggled to answer my question, let's draw an analogy. You are having a dinner with your family. Your waiter brings you a check for $200 that includes:
- $50 for appetizers
- $100 for main courses
- $50 for drinks

Then she realizes - oops, sorry, I did not include part of your order, let me bring you a revised check. And she returns with a $300 check which is broken out ("cost-segregated") like this:
- $30 for appetizers
- $150 for main courses
- $50 for drinks
- $70 for desserts

Main courses went up, is it possible? Sure, she missed some the first time. Drinks stayed the same, is it possible? Of course. Desserts were not on the original check, is it possible? Clearly, she missed them initially. But how did appetizers go from $50 on the first check down to just $30 on the second one? I mean, you might not mind this sudden discount, but would not you get suspicious about the rest of her numbers now?

Now let's look at the before-and-after cost segregation results:

- moldings went down from $17k to $4k
- $20k security system disappeared altogether
- specialty plumbing dropped from $19k to $11k
and you can review the rest of this side-by-side comparison yourself.

Unlike my restaurant analogy, reduced or eliminated numbers on cost segregation are not only suspicious but they are outright detrimental to the investor. Yes, I understand that they sent a different engineer to survey the property the second time. But they both worked for the same company, were supposed to use the same methodology and certainly had access to their own prior results for the very same property.

If we did not need to adjust the total rehab costs, we would have only had the first report. And we would have never doubted its accuracy. But now there is no doubt: cost segregation results produced by this nationally reputable company are at best sloppy and at worst totally unreliable.

Your Honor, I rest my case.

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Jason WatsonBusiness Member
CPA · Colorado Springs, CO · Member since 2024 · 98 posts · 83 votes
2y
Come on Michael! Don't let the facts get in the way of a good tax deduction.

Great story!
See this reply in the discussion

10 Replies

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  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    2y
    Quote from @Michael Plaks:

    I ...

    Your Honor, I rest my case.

    Which may very well be what happens in some of these instances.

    Good Luck!


  • Jason WatsonBusiness Member
    CPA · Colorado Springs, CO · Member since 2024 · 98 posts · 83 votes
    2y
    Come on Michael! Don't let the facts get in the way of a good tax deduction.

    Great story!
  • Bernard ReiszPro Member
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    2y

    @Michael Plaks So much to deconstruct here! (Pun intended :))  

  • Rental Property Investor · San Francisco Bay Area · Member since 2022 · 1k+ posts · 1k+ votes
    2y

    Great explanation! It seems like so many investors I know are doing cost segregations and are taking the bonus depreciation too. I did a major renovation on property in 2022 and have just taken the 27.5 year straight-line depreciation, also on my other properties. 

    So is a cost seg for accelerated depreciation only beneficial for REPS or non-W2 investors (eg. self employed or contract worker)? That was my conclusion from reading the previous two posts you referred to, unless I'm way off base here.

  • Jason WatsonBusiness Member
    CPA · Colorado Springs, CO · Member since 2024 · 98 posts · 83 votes
    2y

    Generally... cost seg and the resulting accelerated depreciation and likely loss benefits you in 3 scenarios-

    1. You have a qualified STR and your losses are not limited,

    2. You have other net rental income (profit) in other activities / rentals (cannot be self-rentals typically) that you can offset, and / or

    3. You qualify as a Real Estate Professional (REP).

    Keep in mind that the big play is accelerated depreciation to lower your tax burden which in turn increases your cash flow for that year. However, it will likely lower future cash flow so it is a time-value of money play (and perhaps income tax bracket matching... ie, big deduction during a one-off big income year).

    Two properties... one with cost seg and one with out will have the same depreciation taken at the end of its life (27.5 or 39.0 years).

    Also keep in mind that STR usually requires 39.0 years of depreciation for the primary building asset. Then again I see so many people STRing in year 1 just to convert to LTR in year 3 once the big cost seg is done and in the bag.

  • Michael PlaksPro Member
    OP
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    2y
    Quote from @Becca F.:

    So is a cost seg for accelerated depreciation only beneficial for REPS or non-W2 investors (eg. self employed or contract worker)? 

    It's case by case. @Jason Watson gave you an excellent answer. I would add to his list:

    4. Your total income is low enough (under $150k) where you can take some losses from your non-STR rentals, and you have room for more deductions.

    5. You sold or about to sell a rental property at a profit.

    The problem is that it's not easy for you to evaluate whether cost segregation benefits you specifically, even after our responses. This is just a generic overview. For an accurate answer, you need your own tax professional to thoroughly review your situation.

  • Julio GonzalezPro Member
    Specialist · West Palm Beach, FL · Member since 2008 · 4k+ posts · 1k+ votes
    2y

    @Michael Plaks Wow! Thanks for sharing.

  • Bernard ReiszPro Member
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    2y

    Cost Seg illustrations - even when (1) they're accurate and (2) formatted in a way that fosters an accurate understanding of the potential benefits - only illustrate deductions. However, the real value of those deductions to a particular taxpayer can only be determined in conjunction with their tax professional.

  • Rental Property Investor · Round Rock, TX · Member since 2016 · 1k+ posts · 971 votes
    2y

    Two CPAs, a Specialist, and an Advisor walk into a bar..."Where is the attorney?" asks the barman..."Forget the attorney, where are the other customers?" says the lonely investor drinking a club soda alone in a corner. Just kidding, this thread is too martini-dry.  

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