Cost segregation and depreciation recapture

Cost segregation and depreciation recapture

Specialist · United States · Member since 2025 · 45 posts · 31 votes

If IRC Section 1245 Tangible Personal Property (shorter life assets) acquired incidental to Section 1250 Real Property (longer life assets) are not replaced/retired during the recommended 3 to 5 year holding period after applying the results of a cost segregation study, a diminished value can be assigned to the shorter life assets which are taxed at the personal income tax rate of up to 37% upon sale as these assets will be partially or fully depreciated and more gain can be assigned to longer life assets taxed at the more favorable Real Property tax rate (up to 25%). This minimizes the impact (amount) of depreciation recapture upon sale.

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https://www.biggerpockets.com/forums/51/topics/1295322-once-again-cost-segregation-hype#post_7247917

https://www.biggerpockets.com/forums/55/topics/1251695-cost-segregation-pros-and-cons#post_7070271

https://www.biggerpockets.com/forums/51/topics/1248456-real-estate-investing-and-the-big-beautiful-bill-act#post_7055637

https://www.biggerpockets.com/forums/51/topics/1247166-irs-section-179#post_7051033

https://www.biggerpockets.com/forums/51/topics/1247393-1031-exchange-on-short-term-rental-w-cost-seg-study#post_7050997

https://www.biggerpockets.com/forums/51/topics/1244026-depreciation-recapture-strategies-for-2025#post_7036144

Disclaimer: This is not tax advice.

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  • Dr · VA · Member since 2025 · 154 posts · 34 votes
    2mo

    I am recommending to my clients 5-7 years and later 1031 exchange.

  • Specialist · United States · Member since 2025 · 45 posts · 31 votes
    2mo

    @Rohullah Sharifi That's the best way to go. Cost segregating the replacement property in a 1031 Exchange can be beneficial as well. The new (excess) basis, if any, is eligible for bonus depreciation and the carryover basis is eligible for accelerated depreciation only. Disclaimer: This is not tax advice.

  • Real Estate Investor · Austin, TX · Member since 2017 · 85 posts · 19 votes
    8h

    To the core question: Section 1245 recapture on the cost-seg personal property comes back as ordinary income, not at 25%. The 25% unrecaptured Section 1250 rate applies only to depreciation taken on the building itself. And in a 1031, that potential recapture doesn't disappear, it carries into the replacement property to the extent gain is deferred.

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