Practical Guide to Cost Segregation, 4th Edition

Author: Steven D. Simpson   J.D.   LL.M.  

Publisher: CCH‎

Publication year: 2012

E-ISBN: 9780808030683

P-ISBN(Paperback): 9780808030676

Subject: F8 Finances

Keyword: Tax and Accounting

Language: ENG

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Description

Cost segregation studies are specific engagements conducted by tax experts to maximize the tax benefit of real estate ownership by identifying, segregating and classifying a buildings components to asset categories with the shortest possible life to create significant tax deductions sooner for federal and state income tax purposes. Application of the findings from these studies can lead to substantial reductions in current taxable income for clients by accelerating depreciation, and thereby increase cash flows. In addition to improving tax liabilities generated by recently purchased or constructed properties, a cost segregation analysis can produce substantial tax benefits for properties that have already been depreciated for as many as 10 years or more by catching up on missed depreciation. Now available as an eBook, Practical Guide to Cost Segregation (4th Edition) not only explains how a cost segregation study is performed, but also outlines the steps needed to practice in this discipline and how to integrate and expand the broad practice of the firm taking it on. Comprehensive discussion is supported by practical illustrative examples. The book also explains how to sell and price cost segregation studies and analysis as a meaningful service to a firms clients. Cost segregation involves much more than real estate. Land improvements and personal property components potentially eligible for separate depreciation over a reduced depreciation period include parking lots, sidewalks, curbs, roads, fences, storm sewers, landscaping, signage, lighting, security and fire protection systems, removable partitions, removable carpeting and wall tiling, furniture, and counters. Also potentially eligible are appliances and machinery unrelated to the operation and maintenance of the building and the portion of electrical wiring and plumbing properly allocable to machinery and equipment that is unrelated to the operation and maintenance of the building. Cost segregation is a natural fit with many accounting firms with strong tax practices. A reliable cost segregation study cites legal authority (e.g., regulations, case law, and rulings) to support the treatment of an item for tax purposes as personal property or as a land improvement. A reliable study also sets forth methods to determine depreciable basis. Established standards for acceptable cost segregation studies are high, requiring: - On-site inspection of the facility to determine the propertys character; examination of the processes and functions that the property is intended to serve; and identification of components the consultant considers relevant to cost segregation. - Detailed qualitative take-off of all the facilitys materials gleaned from a complete set of as built building plans and specifications. - Computation of in-place costs of each property item through application of unit costs against quantities of materials and necessary labor indicated. - Listing of facility components by contractor trade, subcontract, or specific purchase order. - Distribution of the facilitys actual total construction cost to its components, based on the relative reconstructed costs of each component. - Allocation of costs of architectural design, engineering and miscellaneous capitalized costs to each component. This insightful Guide covers these and other critical details in straightforward, clear and concise language that both novices and veteran practitioners will appreciate.

Chapter

Hospital Corporation of America and Subsidiaries

PPL Corporation & Subsidiaries v. Commissioner

Peco Foods, Inc. v. Commissioner

Amerisouth XXXII, Ltd. v. Commissioner

Exhibit 1—Support for Treatment of Asset Classification

Exhibit 2—Cost Segregation Audit Techniques Guide

Chapter 5—MACRS Property Classes and Conventions

Introduction to MACRS

Applicable Conventions

Applicable Recovery Periods

Three-Year Property

Five-Year Property

Personal and Professional Services/Retail and Wholesale Trades

Seven-Year Property

Ten-Year Property

Vessels and Barges

Single Purpose Structures

Trees and Vines

Smart Electric Meters and Grid Systems

Fifteen-Year Property

Land Improvements

Land Improvements Included in Another Asset Class

Property Used in Manufacturing, Production, Extraction, and Certain Other Activities Classified as Section 1245 Real Property Land Improvements

Real Estate Developers

15-year Qualified Restaurant Property

Gasoline Service Stations and Retail Motor Fuel Outlets (Convenience Stores)

Twenty-Year Property

Water Utility Property

Residential Rental Property

Nonresidential Real Property

Definition of Section 1250 Property and Section 1245 Property

Farm Property

200-percent DB Method Prohibited

ADS Mandatory if Election Made to Deduct Preproduction Expenditures

Depreciation Periods

Irrigation Systems and Water Wells

Dams, Ponds, and Terraces

Vineyards

Single Purpose Agricultural or Horticultural Structure

Railroad Grading and Tunnel Bores

Qualified Indian Reservation Property

New York Liberty Zone Leasehold Improvement Property

Definition of Qualifying Property

Location of New York Liberty Zone

Straight-line Method Applies

ADS Recovery Period

Alternative Minimum Tax

Code Sec. 179 Expense Deduction

Election Out of New York Liberty Zone Leasehold Improvement Property Provision

Miscellaneous Property

Art and Decor

Bed and Breakfasts

Cellular Telephone Property

Engines

Forklifts and Bobcats

Gambling Boats and Barges

Gasoline Service Stations

Gym Equipment

Impact Fees

Painting and Remodeling

Restaurants and Taverns—Smallwares

Roofs

Rotable Spare Parts

Tires and Tubes

Tools, Shop Equipment, Laboratory Equipment

Additions and Improvements

Depreciating Retired Structural Component

Recovery of Leasehold Improvements in General

15-year Qualified Leasehold Improvement Property

15-year Qualified Retail Improvement Property

Other Considerations

Bonus Depreciation

Bonus Depreciation for 15-year Qualified Leasehold Improvements

Bonus Depreciation for Qualified Restaurant Property

Self-constructed Property

MACRS Alternative Depreciation System (ADS)

Chapter 6—Prospective Projects

Properties Offering Opportunities for a Cost Segregation Study

Estimating the Tax Benefit

Gathering Cost Data

Allocating Cost Between Land and Depreciable Property

Estimating Allocation of Depreciable Cost Basis

Characteristics to Consider in Commercial and Residential Properties

Apartment Complexes

Commercial Office Buildings

Shopping Centers

Flex Buildings

Medical Facilities

Warehouse Facilities

Industrial Facilities

Exhibit 1—Average Depreciable Basis Allocations

Chapter 7—Beginning a Cost Segregation Study

Past Position of the IRS

Letter Ruling 7941002

Chief Counsel Advice 199921045

Cost Segregation Audit Techniques Guide

Draft Audit Techniques Guide Issued

Characteristics of a Quality Cost Segregation Study

Obtaining Information About the Property

Client Information Request

Newly Constructed Property

Existing Property

Contents and Use of Information Requested

Property Blueprints and Site Map

Settlement Statement

Emergency or Backup Equipment

Property Appraisal

Construction Cost Documents

Renovation

Document Retention

Working with Outside Consultants

Before Contacting a Consultant

Choosing a Consultant

Exhibit 1—Information Request Lists

Exhibit 2—Finish Schedule

Exhibit 3—Construction Contract

Exhibit 4—Change Order

Chapter 8—Cost Segregation Methodology

Importance of the Site Visit

Preparing for the Site Visit

Review Client Documents

New Construction Offers Opportunity to Identify Some Components Early

Scheduling the Visit

Assemble a Team for the Visit

Beginning the Visit

Meeting the Client or Client Representative

Bring the Necessary Equipment

Components That Are Not Easily Classified

Plan a Walk-Through

Visiting an Apartment Complex

Individual Apartments

Common Areas

Exterior of the Property

Visiting an Office Building

Tenant Space

Maintentance Areas, Basement, and Equipment Rooms

Common Areas

Determine the Function of the Space

Exterior of the Property

Property Occupied Entirely by the Owner

Other Types of Property

Shopping Centers

Manufacturing or Service Facilities

Other Facilities

Direct Cost Methodology

Initial Allocation of Purchase Price

Gather the Necessary Documentation

Create a Spreadsheet

Calculate Total Costs Allocated to Each Applicable Asset Class

Identify Qualifying Assets Currently Included in the Building Asset Basis

Identify and Total Soft Costs

Include a Reconciliation Schedule

Valuation Methodology

Calculate a Building RCN

Calculate RCN for Each Qualifying Land Improvement, Personal Property Component and Any Other Asset Class Component

Calculate Total Allocated Basis for All Property Assets Other Than Land Asset

Classify the Allocated Basis for Each Identified Asset and Assign Depreciable Life

Renovations and Disposals

Project Documentation

Tax Savings and Net Present Value

Exhibit 1—New Construction Spreadsheet

Exhibit 2—Land Allocation Example

Exhibit 3—Cost Estimate Spreadsheet

Exhibit 4—Client’s Allocation

Exhibit 5—Net Present Value Calculation

Chapter 9—Deliverable and Support

Deliverable of the Cost Segregation Study

Contents of the Cost Segregation Report

Report Narrative

Digital Photographs

Depreciation Schedule

Reconciliation Schedule

IRS Form 3115

Support the Report with a Work-Paper File

Record Retention

Exhibit 1—Sample Property Report

Exhibit 2—Form 3115

Chapter 10—Change in Accounting Method

Finding Opportunities for a Cost Segregation Study

Conducting the Cost Segregation Study

Calculating a Code Sec. 481(a) Adjustment

Obtaining Consent for a Change in Accounting Methods

Exhibit 1—Original Client Depreciation Schedule

Exhibit 2—MACRS Asset Schedule

Exhibit 3—Reconciliation to Original Depreciation Schedule

Exhibit 4—Code Sec. 481 Adjustment

Chapter 11—Personal Property Allocation—State Tax Considerations

Addressing State and Local Tax Issues

Real Estate Taxes

Personal Property Taxes

Sales and Use Taxes

Chapter 12—Cost Segregation Studies and Code Sec. 1031 Exchanges

Use of Cost Segregation in Conjunction with Code Sec. 1031 Exchanges

General Discussion of Code Sec. 1031

Issues in Combining Code Sec. 1031 and Cost Segregation Studies

Issue #1—Definition of Like Kind Property

Issue #2—Code Sec. 1245 Recapture in a Code Sec. 1031 Exchange

Issue #3—Code Sec. 1250 Recapture in a Code Sec. 1031 Exchange

Does a Cost Segregation Study Pay for Itself for a Frequent Exchanger?

Chapter 13—Cost Segregation Opportunities and Code Sec. 754 Elections

Use of Cost Segregation in Conjunction with Code Sec. 754 Elections

General Rules Under Code Sec. 754

Calculating the Basis Adjustment

Effect of Other Code Provisions

Chapter 14—Capitalization of Tangible Assets

Capitalization of Tangible Assets

Materials and Supplies, Section 1.162-3

Repairs, Section 1.162-4T

Capital Expenditures, Section 1.263(a)-1T

De Minimis Rule

Routine Maintenance Safe Harbor

Amount Paid to Improve Tangible Property, Section 1.263(a)-3

Unit of Property

Partial Disposals

Betterments

Capitalization of Restorations

Adaptation to a New or Different Use

Repairs and Maintenance Performed During an Improvement

Asset Account

Buyer of Term Interest in Building and Land May Depreciate Basis Allocable to Land

Chapter 15—IRS Audits of Cost Segregation Studies

Background on IRS Audits of Studies

Interviewing the Preparer

Reviewing a Copy of the Report

Cost Basis and Depreciation Reconciliation

Chapter 16—Cost Segregation Opportunities and Code Sec. 179D

General Discussion of Code Sec. 179D

Specific Rules Related to Code Sec. 179D Deduction

Certification of Code Sec. 179D Deductions

Qualified Computer Software Pursuant to Code Sec. 179D

Industry Specific Opportunities

Apartments

Car Dealerships

Hotels and Motels

Parking Garages

Restaurants

Retail

Supermarkets

Warehouses and Distribution Centers

Exhibit 1—Notice 2006-52

Exhibit 2—Notice 2008-40

Exhibit 3—U.S. Department of Energy—Energy Efficiency and Renewable Energy Building Technologies Program

Index

A

B

C

D

E

F

G

H

I

K

L

M

N

O

P

Q

R

S

T

U

V

W

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