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Tax, SDIRAs & Cost Segregation

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Jennifer Bott
  • Investor
  • North Grafton, MA
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Form 3115 for Missed Depreciation - 180 Day Rule

Jennifer Bott
  • Investor
  • North Grafton, MA
Posted Jul 16 2015, 19:22

Hello.

I am filing Form 3115 to start depreciating (and to catch up on missed depreciation) a rental property that I have had in service since 2010. I assumed 2015 will be the year of change, since I am figuring this all out now and plan on filing my 2015 tax return by April 15, 2016. However the Form 3115 instructions say it needs to be filed on or before 180 days after the beginning of the year of change, which in my case would be June 30, 2015. My questions are as follows:

1. If June 30 is the date, then I missed it. However I read elsewhere that this is considered an 'automatic method change', and some say just to complete the form and file it with my 2015 return, in which case I haven't missed it. Can you shed some light on this?

2. If I did miss it and can't make the change in 2015, then I am guessing I have to continue NOT depreciating the property for the 2015 tax year, as to do otherwise would be to switch to a permissible accounting method, without permission. Boy, that is a mouthful....

3. And then if question 2 is the case, the question arises as to when to file the form 3115 to start the change for 2016. Can I file it now and get it over with, or should I wait till after January 2016?

Thank you for any insight you have to offer!

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