 | Cost Segregation is both a science and an art!
The science is the engineering. This involves the identification and the costing of the building components and site improvements and other related eligible assets to be depreciated.
The art is the tax application. Every project involves accounting, tax and depreciation issues. Tax law is not always clear. Our experts have studied the tax and case law for the application of cost segregation.
|
Profitable entities that own real estate have discovered that proper depreciation
deductions can significantly reduce current year income and reduce taxes.
The
benefits of increased depreciation can significantly increase available cash by
reducing income taxes (deferring taxes to a later period). This tax strategy
requires qualified experts that know how to identify and value asset components
that can be depreciated over shortened periods and also tax expertise that knows
what depreciation “bucket” the asset belongs in. The underlying incentive for
preparing these Studies for income tax purposes is the significant tax
benefit derived from utilizing shorter recovery periods and accelerated
depreciation methods for computing depreciation deductions.
| The most common opportunity is the allocation or reallocation of building costs
to tangible personal property. A building, termed "Section (§) 1250 Property",
is
generally 39-year property (27.5 years for residential property such as
apartments)
and is eligible for straight-line depreciation. Equipment, furniture and
fixtures, termed "Section (§) 1245 Property", are tangible personal
property. Tangible personal property has a shorter recovery period (e.g., 5 or 7
years) and is also eligible for accelerated depreciation (e.g., double declining
balance). A faster depreciation write-off will increase the depreciation expense
on your income statement.
The tax benefit can be obtained by segregating property
costs to § 1245 property, or by segregating § 1250 property costs to § 1245
property.
A simple example illustrates the tax benefits of a Cost Segregation Study.
In
general, a turn-key construction project includes elements of tangible personal
property (e.g., phone system, computer system, process piping, storage tanks).
It
is relatively easy to identify these items as § 1245 property and allocate a
portion of the total project costs to them. However, a Cost Segregation Study
may also identify certain building occupancy items, such as carpeting, wall
coverings, partitions, millwork, lighting fixtures, doors, as
§ 1245 property. These items may or may not constitute qualifying § 1245 property
depending on particular facts and circumstances, such as the location of the
assets and the specific activities for which the project was designed. |
 |
In addition to identifying specific project components that qualify as § 1245
property, Cost Segregation Studies may treat portions of building components as
§ 1245 property.
For example, the engineering calculations may conclude that 15 percent of a
building’s electrical system directly supports § 1245 property, such as
specialized kitchen equipment and computers.
Based on that conclusion, the Study will then
treat 15 percent of the total electrical
system as § 1245 property.
 | Property allocations and reallocations are typically based on criteria established
under the Investment Tax Credit (ITC). A plethora of legislative acts, court
decisions and Service rulings have produced complex and often conflicting guidance
with respect to property qualifying for ITC, resulting in no bright-line tests for
distinguishing § 1245 property from § 1250 property. Related issues, such as the
capitalization of interest and production costs under IRC § 263A and changes in
accounting method, add to the complexity of this issue.
In a recent landmark decision, the Tax Court ruled that, to the extent tangible
personal property is included in an acquisition or in overall costs, it should be
treated as such for depreciation purposes. The court also decided that the rules
for determining whether property qualifies as tangible personal property for
purposes of ITC (under pre-1981 tax law) are also applicable to determining
depreciation under current law. [See Hospital Corporation of
America, 109 T.C. 21 (1997)] The Service acquiesced to the use of ITC rules for
distinguishing § 1245 property from § 1250 property. |
Parts of this text taken from the IRS Cost Segregation Audit Technique Guide
|
|