KBKG bd100
KBKG bd100
KBKG bd100
Established in 1999 with offices across the US, KBKG provides turn-key tax solutions to CPAs and businesses. By focusing exclusively
on value-added tax services that complement your traditional tax and accounting team, we always deliver quantifiable benefits to
clients.
Our firm provides access to our knowledge base and experienced industry leaders. We help determine which tax programs benefit
clients and stay committed to handling each relationship with care and diligence. Our ability to work seamlessly with your team is the
reason so many tax professionals and businesses across the nation trust KBKG.
Cost Segregation for Buildings and 45L Credits for Energy
Improvements Efficient Residential Developments
Any building improvement over $750,000 Newly constructed or renovated apartments, condos,
should be reviewed for proper classification and tract home developments that meet certain
of the individual components for tax criteria are eligible for a $2,000 credit per unit.
depreciation, and retirement purposes.
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INDUSTRY MATRIX FOR TAX SAVING OPPORTUNITIES (updated 01-23-18)
R&D Tax Repair/Asset 45L Tax 179D Tax Cost 199 DPAD
Industry Segregation IC-DISC
Credits Retirement Credits Deductions /Fixed Asset Deduction
Affordable Housing X X X X
Agriculture, Forestry & Fishing X X X
Architecture & Engineering X X X X X
Auto Dealerships X X X
Communications & Utilities X X X X
Construction X X X
Film & Music X X X X X X
Financial Services X X X
Government Contractors X X X X X
Healthcare X X X X
Hotels X X X X
Logistics & Distribution X X X X X X
Manufacturing X X X X X X
Mining X X X
Multifamily Developers X X X X
Oil & Gas X X X
Pharmaceutical X X X X X X
Professional Services X X X
Real Estate X X
Restaurants X X
Retail X X X X
Technology/Software X X X X X X
Transportation X X
Wholesale Trade X X X X X
Call us today at 877‐525‐4462 to see how we can help you and your clients better understand these opportunities and secure these specialty tax incentives.
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IDENTIFYING VALUE-ADDED TAX OPPORTUNITIES updated 01-23-18
KBKG Service Description & Highlights Applicable Clients & Industries How Much is it Worth? Tax Considerations
Research & Development Federal and State tax credit – designed to • Manufacturing • Food & Beverage Federal Benefit - Roughly 10% of their General Business Tax Credit
Tax Credits promote innovation. Expenses incurred • Software • Equipment or tools total Qualified R&D Expenses
in the United States and that meet the Development • Life Sciences • Dollar-for-dollar reduction in income tax
(Federal & State) qualification criteria can result in a credit. Ex. Client has $1M/year of wages related liabilities.
• Architects • Agriculture
• High Tech to R&D. Benefit = $100k in gross credits • 1-year Carryback / 20-year carryforward
Qualifying expenses can include wages per year. of unused credits.
paid to employees, supplies used in the • Clients developing brand new products, • Qualified small businesses can reduce
research process, and payments made processes, software, or formula. Many states also allow an R&D credit. alternative minimum tax liabilities.
to contractors for performing qualified • Clients materially improving existing For example, CA R&D Credit is worth an • Qualified start-up companies can offset
research. products, processes, software or additional 7.5% of Qualified R&D expenses. up to $250,000 in payroll taxes.
formula.
• Clients that employ those with technical
backgrounds (software development,
engineering, etc..)
Cost Segregation Allows taxpayers who have constructed, Any building with over $750k of Net Present Value is roughly 5% of the • Reduces AMT
(Federal & State) purchased, expanded, or remodeled depreciable tax basis (excluding land). total building cost. • Starting in 2018, unused deductions
any kind of real estate to accelerate carryforward.
depreciation deductions by reclassifying Any leasehold improvement with over Ex. $2M office can yield an after-tax NPV of • Must recapture personal property and
building components into shorter tax lives. $500k of depreciable tax basis (excluding $100k. bonus eligible assets upon the sale of a
land). building.
Repair v. Capitalization New rules allow you to assign value to Any building renovation costs > $400k Additional Year 1 deductions of 15%-40% Depending on project specifics, may
Review “Asset Retirement “structural” components removed from a of renovation costs (on top of benefits require a separate 3115 if doing
building and write off the remaining basis! Retirement Study - Building is renovated from 1245 reclassification) concurrently with a depreciation change.
Study” Regs also clarify repair expense treatment AFTER owning it at least 1 year. Building
(Federal) of many types of building costs such as should have >$500K of remaining Ex. Client spends $3M on structural
HVAC or roof replacements. depreciable basis left. renovations. Additional Year 1 deductions
of
KBKG also provides compliance consulting Repair Study - renovations that include $450K-$1.2M.
for repair and disposition regulations. roof, HVAC, windows, lighting, plumbing,
ceilings, drywall, flooring, etc.
Call us today at 877‐525‐4462 to see how we can help you and your clients better understand these opportunities and secure these specialty tax incentives.
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IDENTIFYING VALUE-ADDED TAX OPPORTUNITIES (CONT.) updated 01-23-18
KBKG Service Description & Highlights Applicable Clients & Industries How Much is it Worth? Tax Considerations
Fixed Asset Tax Review Comprehensive review of company’s entire Operations with > $40M in real property or Net Present Value of 5-8% of total building- • Reduces AMT
(Federal) Fixed Asset listing & supporting documents > 500 lines of fixed assets. related costs. • Starting in 2018, unused deductions
to assign appropriate tax lives, identify carryforward.
retirements, and correct items that should • Retail, Restaurant, Bank and Hotel Ex. Manufacturing client has $60M of 39- • Must recapture personal property and
be expensed. Chains of 10 or more year fixed assets. NPV Cash value = $3M - bonus eligible assets upon the sale of a
• Manufacturing $4.8M building.
Includes Cost Segregation & Repair • Utility Companies
analysis.
Residential Energy Credits Federal credit for developers of Anyone that has built Apartments, Condos, Federal Credit = $2,000 per apartment/ General Business Tax Credit
/ Section 45L Apartments, Condos, or Spec Homes that or Production Home Developments in the home unit. • Credit is realized when unit is first leased
meet certain energy efficiency standards. last 4 years. or sold, not placed in service.
(Federal / States can have Generally, more than 20 units. Many states have similar credits. • 1-year Carryback
similar programs) Units must be certified by a qualified • 20-year carryforward.
professional to be eligible. Ex. 100-unit apartment/condo can get • Does not reduce AMT.
$200,000 of Federal Tax Credits. • Subject to passive activity loss rules
• Credit reduces basis.
Commercial Energy Federal deduction for Architects, • 179D for Designers: $.30 up to $1.80 per square foot in Federal • Reduces AMT
Deductions / Section 179D Engineers, and Design/Build Contractors Architects, General Contractors, Tax Deductions. • Deduction reduces basis in real property.
that work on Public or Government Engineers, Electrical & HVAC
(Federal/ States can have Buildings such as Schools, Libraries, Subcontractors. Ex. 100,000SF building is eligible for Designers must amend open tax years to
similar programs) Courthouses, Military Housing etc. $180,000 in deductions. claim
• Any Building Owner or Lessee:
Also available to any commercial building That has constructed a commercial Owners: Can go back to 2006 with Form
owner. improvement greater than 40,000 SF 3115 to claim missed deductions.
since 1/1/2006.
CA Competes Credit California income tax credits designed to CA Competes Credit: Growing business Must apply for credits. Up to $37,000 per • Credits will reduce taxes on owners W2
(State) stimulate growth throughout the state. clients who anticipate hiring additional eligible employee, over a 5-year period. wages and personal return.
employees, constructing new buildings, or Generally, 15-35% of employees qualify. • Credits flow through to owners.
investing in new equipment. • Credits will offset tax at the S-Corp level.
Equipment - Credit is equal to Sales Tax
paid.
IC-DISC Federal Income Tax The IC-DISC provides significant and Any closely held, privately owned business Minimum permanent 17% decrease in tax • Requires annual filing 1120 IC-DISC.
Incentive permanent tax savings for producers and with over $250,000 in profits from exports rate on half of export profits. Benefits can • No changes to business operations.
distributors of U.S.-made products and • Manufacturers be dramatically higher by performing a • Benefits begin when entity is formed.
(Federal) certain services used abroad. • Distributors transaction-by-transaction analysis.
• Architects & Engineers
• Agriculture and Food Producers
• Software Developers
• Other Producers
Call us today at 877‐525‐4462 to see how we can help you and your clients better understand these opportunities and secure these specialty tax incentives.
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Qualified Improvements ‐ Depreciation Quick Reference (updated 3/2/2018)
Bonus Unrelated
Applicable PIS Dates MACRS GDS Dep 3 Year Parties 179 Expense Code
(inclusive) Recovery Period Eligible Rule Rule Eligible Important Notes Section
Applies to interior common areas. Building can be owner occupied. No
Qualified Improvement Property (QIP): 2018 onward 1/1/18 onward 39 9 Year / SL N 9 N N Y 10 168(e)(6)
3‐year rule. See exclusions in definition.
Applies to interior common areas. Building can be owner occupied. No
Qualified Improvement Property (QIP): 2016 ‐ 2017 1/1/16 ‐ 12/31/17 39 5 Year / SL Y N N N 7 168(k)(3)
3‐year rule. See exclusions in definition.
Landlord or lessee can make the interior improvement. See exclusions in
Qualified Leasehold Improvements (QLI):2004 ‐ 2017 10/23/04 ‐ 12/31/17 15 Year / SL Y 1 Y Y 2010 ‐ 2017
6
168(e)(6)
definition.
39 year QLI qualifies for Bonus. Landlord or lessee can make the interior
Qualified Leasehold Improvements (QLI):2001 ‐ 2004 Partial 9/11/01 ‐ 10/22/04 39 Year / SL Y Y Y N/A 168(e)(6)
improvement. See exclusions in definition.
2
Qualified Retail Improvement Property: 2009‐2015 1/1/09 ‐ 12/31/15 15 Year / SL N Y N 2010 ‐ 2017 6 Building can be owner occupied. See exclusions in definition. 168(e)(8)
Encompasses the entire building structure as well as interior costs. Can
Qualified Restaurant Property: 2009 ‐ 2017 1/1/09 ‐ 12/31/17 15 Year / SL N 4 N N 2010 ‐ 2017 6 168(e)(7)
be an acquired building.
Footnotes:
Bonus Depreciation Rates (inclusive dates)
1) NOT eligible for bonus if placed in service 1/1/2005 ‐ 12/31/2007.
9/11/01 ‐ 5/5/03 8 30%
2) Retail Improvements are not eligible for bonus depreciation unless it meets the criteria for QLI.
5/6/03 ‐ 12/31/04 & 1/1/08 ‐ 9/8/10 8 50%
9/9/10 ‐ 12/31/11
8
100% 3) Qualified Restaurant Property is eligible for bonus depreciation if placed in service 10/23/2004 ‐ 12/31/2004.
8 4) Improvements that also meet the criteria for QLI are eligible for bonus depreciation. After 2015, improvements that also meet the criteria for QIP are eligible for bonus
1/1/12 ‐ 9/27/17 50%
8, 11, 12 depreciation. Restaurant property that is acquired 9/28/2017‐12/31/2017 is fully expensed (subject to written binding contract rules).
9/28/17 ‐ 12/31/22 100%
5) Improvements that meet the definition of Qualified Improvement Property and meet the definition of QLI , Qualified Retail Improvements, or
1/1/23 ‐ 12/31/23 8, 11, 12 80% Qualified Restaurant Property can be depreciated over a 15‐year straight line period.
1/1/24 ‐ 12/31/24 8, 11, 12 60%
6) Eligible up to $250k from 2010 ‐ 2015; 2016 and 2017 are subject to normal 179 expense cap.
1/1/25 ‐ 12/31/25 8, 11, 12 40%
7) Improvements that meet the definition of Qualified Improvement Property and meet the definition of QLI , Qualified Retail Improvements, or
1/1/26 ‐ 12/31/26 8, 11, 12 20% Qualified Restaurant Property qualify for the 179 Expense.
8) Long Production Period (QLIs over $1M and construction period exceeds 1 year) ‐ can be placed in service one year after bonus normally expires. QLI (that is also LPP)
started before 1/1/2012 can be entirely eligible for 100% bonus if completed during 2012. Bonus is applicable if LPP is started before 1/1/2027. Only pre‐1/1/2027 basis
is bonus eligible on any LPP.
9) Legislative committee reports indicate QIP will be 15‐year property and bonus eligible. However, the actual law enacted does not reflect the legislative intent.
Technical corrections to the law are expected, although the IRS has denied any guarantees of this presumed change in recovery period.
10) Section 179 rules are modified to include certain improvements to buildings. See 179 Expense notes on page 2.
11) Bonus depreciation is available for used property placed in service after 9/27/17, but not available for used property if the taxpayer leased the property before
purchasing it.
12) Bonus is not available to taxpayers with floor plan financing (motor vehicle, boat, farm machinery) unless they are exempt from business interest limitations.
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Footnotes:
Section 179 Expense Limitations (Dates, Dollar Limit, Reduction)
01/01/11 ‐ 12/31/17 $500,000 $2,000,000
1
1) In 2018 onward, the Section 179 expense includes improvements to the following non‐residential real property that are placed in service after the
1/1/18 onward $1,000,000 2 $2,500,000 2 date such property was first placed in service: roofs; heating, ventilation, and air‐conditioning; fire protection and alarm systems; and security
systems. 179 expensing does not apply to certain non‐corporate lessors. See Sec. 179(d)(5)
Qualified Section 179 property now includes depreciable tangible personal property used to furnish lodging (e.g. residential rental properties,
hotels, etc).
2) Any taxable year beginning after 2018, the dollar amounts will be indexed for inflation.
Definitions:
3 Year Rule: The improvements must have been placed in service by any taxpayer more than three years after the date the building was first placed into service.
Leased Between Unrelated Party Qualification: Improvements must be made subject to a lease between unrelated parties (see code section 1504). Can be made by lessees, sub‐lessees or lessors to an interior portion of a nonresidential building. Parties are
related when there is more than 80% ownership shared between them.
Long Production Period Property: 168(k)(2)(B) ‐ Must have a recovery period of at least 10 years, is subject to section 263A, has an estimated production period exceeding 2 years, or an estimated production period exceeding 1 year and a cost exceeding
$1,000,000.
Qualified leasehold improvement property (QLI)A 2001‐2017 (A) Any improvement to an interior portion of a building which is nonresidential real property if— (i) such improvement is made under or pursuant to a lease (I) by the lessee (or any sublessee) of such
portion, or (II) by the lessor of such portion, (ii) such portion is to be occupied exclusively by the lessee (or any sublessee) of such portion, and (iii) such improvement is placed in service more than 3 years after the date the building was first placed in service. (B)
Certain improvements not included. Such term shall not include any improvement for which the expenditure is attributable to— (i) the enlargement of the building, (ii) any elevator or escalator, (iii) any structural component benefiting a common area, and (iv) the
internal structural framework of the building.
Qualified retail improvement propertyA 2009‐2017: Any improvement to an interior portion of a building which is nonresidential real property if— (i) such portion is open to the general public and is used in the retail trade or business of selling tangible personal
property to the general public, and (ii) such improvement is placed in service more than 3 years after the date the building was first placed in service. QRIP shall not include any improvement for which the expenditure is attributable to— (i) the enlargement of the
building, (ii) any elevator or escalator, (iii) any structural component benefitting a common area, or (iv) the internal structural framework of the building.
Qualified restaurant propertyB 2004‐2008: an improvement to a building if— (A) Such improvement is placed in service more than 3 years after the date such building was first placed in service, and (B) more than 50 percent of the building's square footage is
devoted to preparation of, and seating for on‐premises consumption of, prepared meals.
Qualified restaurant propertyB 2009‐2017 Any section 1250 property which is (i) a building or improvement to a building — if more than 50 percent of the building's square footage is devoted to preparation of, and seating for on‐premises consumption of,
prepared meals, and (ii) if such building is placed in service after December 31, 2008
Qualified improvement propertyA (QIP) 2016‐onward: (A) Any improvement to an interior portion of a building which is nonresidential real property if such improvement is placed in service after the date the building was first placed in service. (B) Certain
improvements not included. Such term shall not include any improvement for which the expenditure is attributable to— (i) the enlargement of the building, (ii) any elevator or escalator, (iii) the internal structural framework of the building.
Other notes:
A) Tenant improvements that include costs for HVAC rooftop units are excluded from the definition of Qualified Leasehold Improvements (QLI), Qualified Retail Improvements, and Qualified Improvement Property (CCA 201310028)
B) Restaurant tenant improvements located within a multi‐tenant building where 50 percent of the building's total square footage is not leased to restaurants, do not meet the definition of Qualified Restaurant Property.
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KBKG Repair vs. Capitalization: Improvement Decision Tree - Final Regulations
Considering the appropriate Unit of Property (UOP), does the expenditure (Last Updated 03-20-2015):
KBKG expressly disclaims any liability in connection with use of this document or its contents by any third party. Any US tax advice contained herein was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code (IRC) or applicable state or local tax law provisions.
This document is for educational purposes only and is not intended, and should not be relied upon, as accounting or tax advice.
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KBKG Building Unit of Property & Major Components Chart updated 05-16-17
This chart was created to help users identify building systems & typical “major components” in real estate assets. Replacing a major component is a capital expenditure while replacing an incidental component can be expensed
• Roof System • Landscaping • Heating System • Service & • Plumbing • Sprinkler System • Building security • Gas piping • Stair and • Elevator Car
(membrane, including shrubs, (boilers, furnace, Distribution Fixtures (sinks, (piping, heads, alarms including to/ Handrail • Drive System
insulation trees, ground radiators) (panel boards, toilets, tubs etc.) pumps) • (detectors, from property • Drive System (motors, lifts,
& structural cover, lawn, • Cooling System transformers, • Wastewater • Fire Alarms sirens, wiring) line & other (motors, truss, controls)
supports) irrigation (compressors, switchgear, System (drains, (detection & • Building access buildings tracks) • Suspension
Real Estate Major Component (examples)
• Foundation • Storm drainage chillers, cooling metering) waste & vent warning devices, & control system system
• Other structural including inlets, towers) • Lighting piping) controls) (counterweights,
Load Bearing catch basins, • Rooftop (interior & • Domestic Water • Exit lighting & framing, guide
Elements, piping, lift Packaged Units exterior building (supply piping signage rails)
including stairs stations • Air Distribution mounted) and fittings) • Fire Escapes
• Exterior Wall • Site lighting (Ducts, fans, etc) • Site Electrical • Water Heater • Extinguishers &
System (pole lights, • Piping (heated, Utilities • Site Piping hoses
• Ceilings bollard lights, up chilled, • Branch Wiring Utilities
• Floors lights, wiring) condensate (outlets, conduit,
• Doors • Hardscape water) wire, devices
• Windows (retaining walls, etc.)
• Partitions pools, water • Emergency
• Loading Docks features) Power Systems
• Site Structures
(gazebo, carport,
monument sign)
• Paving (roads,
driveway,
parking areas,
sidewalks,
curbing)
* Building unit of property (UOP) rules apply to each building structure located on a single property.
** Building system components with a different tax life are separate units of property. For example, a cost segregation study separating HVAC into 5-year & 39-year categories for a restaurant creates two separate HVAC units of property.
Lessee of Building Must apply the same units of property above but only to the portion of the building being leased.
Personal Property UOP are parts that are “functionally interdependent” i.e. placing one part in service is dependent on placing the other part in service.
Plant Property UOP is each component that performs a discrete and critical function. Generally, each piece of machinery or equipment purchased separately.
Network Assets UOP is determined by taxpayer’s particular facts
Definitions
Plant Property Machinery & Equipment used to perform an industrial process such as manufacturing, generation, warehousing, distribution, automated materials handling, or other similar activities
Network Assets Railroad track, oil & gas pipelines, water & sewage pipelines, power transmission & distribution lines, telephone & cable lines; ‐‐ owned or leased by taxpayers in each of those respective industries.
Major Component Part or combination of parts that performs a discrete and critical function in the operation of the unit of property
Incidental Component Relatively small, inexpensive, or minor part that performs a discrete and critical function for the UOP. Generally, not capitalized because of its size, cost, or significance.
KBKG is a specialty tax firm that works directly with CPAs and businesses to provide value-add solutions to our clients. Our engineers and tax experts have performed thousands of tax projects resulting in hundreds of
millions of dollars in benefits. Our services include Research & Development Tax Credits, Cost Segregation, Repair vs. Capitalization 263(a) Review, IC-DISC, Green / Energy Tax Incentives (179D for Designers, 45L for
Multifamily), and Fixed Asset Depreciation Review.
KBKG expressly disclaims any liability in connection with the use of this document or its contents by any third party. Any US tax advice contained herein was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code (IRC) or applicable state or local tax law
provisions. This document is for educational purposes only and is not intended, and should not be relied upon, as accounting or tax advice.
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New Updates on Bonus Depreciation & Cost KBKG.com
Segregation
All attendees are muted. The webinar will begin promptly at 12 PM Pacific / 3 PM Eastern
BONUS DEPRECIATION & COST SEGREGATION
TAX PLANNING
Eddie Price, CCSP
Director
Administrative
Audio
For the best sound, you should dial in and use the provided
telephone # for audio.
Handout materials – Were provided before class.
KBKG.com/resources
CPE (Continuing Professional Education – for CPAs only)
Answer all four polling questions during the webinar
Question & Answers
Please submit your questions and we will answer as many as time permits.
About KBKG
Established in 1999 with offices across the US.
Provide turn‐key tax solutions to CPAs and businesses.
Performed thousands of tax projects resulting in hundreds of millions of dollars
in benefits for our clients.
Our team is a diverse mix of tax specialists, attorneys, and engineers from
various disciplines. This combination of talent allows us to be the best at what
we do and maximize results for our clients.
A preferred provider for thousands of CPAs across the country.
Eddie Price, CCSP
Director responsible for KBKG’s Texas based operations
ASCSP Certified Cost Segregation Professional, #C0112‐08
American Society of Cost Segregation Professionals
2010 ‐ 2013, Chair Education Committee
2012 ‐ present, Board of Directors
2014 ‐ present, Testing Committee
35 years experience in cost segregation industry
20 years experience with Big 4 CPA firm
Texas A&M University
Environmental Design
Construction Management
POLLING QUESTION #1
Phase down through 2026
80%
60%
40%
20%
0%
Before Before Before Before
1/1/2024 1/1/2025 1/1/2026 1/1/2027
Tax Credits · Incentives · Cost Recovery | Nationwide Service | © KBKG 2018
IRC Reg Section 1.168(k)‐1 generally remains applicable for property acquired and placed in service prior to 9/28/17
Original Use (“new”) guidance remains essentially the same as prior guidance under 1.168(k)
Used Property (“New to You”) requirements include:
Taxpayer or predecessor can not have used the property prior to the acquisition
Property is deemed “used by the taxpayer” prior to the acquisition only if the taxpayer had a depreciable
interest in the property at any time before the acquisition (e.g., a taxpayer could have a depreciable interest
in their leased space and then acquire the entire building and still meet the definitions of bonus eligibility).
The property must not be acquired from a related party, a component member of a controlled group, or in certain
carryover basis transactions
Regulations note that if a member of a consolidated group acquires property from an unrelated group that
acquired property from a different member of the consolidated group, bonus would not be eligible.
If a taxpayer owned a depreciable interest in a portion of property and subsequently acquires an additional
depreciable interest in the same property that additional interest is not treated as having been previously used by
the tax payer.
If a taxpayer owned a depreciable interest in a portion of a property, sells all or part of that portion, and then
subsequently acquires a different portion of the same property, the taxpayer will be treated as having owned
previously the used property up to the amount of the portion in which it held a depreciable interest prior to the
sale.
“Series of related transactions” rule states:
Property is treated as directly transferred from the original transferor to the ultimate transferee, and
The relationship between the original transferor and the ultimate transferee is tested immediately after the last
transaction in the series.
Step‐Up Upon Death
Step‐up on death is specifically excluded from the new bonus depreciation
Property received by a decedent – bonus depreciation NOT applicable
Property types removed post 12/31/2017
Qualified Leasehold Improvement Property – NO LONGER 15 YEAR PROPERTY
Qualified Restaurant Property – NO LONGER 15 YEAR PROPERTY
Qualified Retail Property – NO LONGER 15 YEAR PROPERTY
The TCJA specifically removed QIP from the list of “Property of a Specified Type” and did not change the QIP recovery
period from 39‐years to 15‐years. Therefore, QIP is NOT BONUS ELIGIBLE post 12/31/2017. Unfortunately, IRS and
Treasury do not have the authority to fix this error.
However, the proposed regulations DO confirm that QIP acquired after September 27, 2017 and placed in service before
January 1, 2018 is eligible for 100% bonus depreciation, even though it is recovered over 39‐years!
* Only applies to property acquired after 9/27/17 and placed in service in tax years beginning on or after 1/1/18.
KBKG believes there are no material changes regarding the interaction of cost segregation and 1031 exchanges
Committee reports suggest there is no intent to change the nature of 1031 transactions for real estate
Personal property from cost segregation is considered Real Property under state law
Matching of 1245 property is still required to avoid recapture
Bonus depreciation would apply to the excess basis in the new property
Electing out of Interest Limitations
Real Property Trade or Business (defined in Section 469(c)(7)) may elect out.
Must use the ADS system for REAL property
o 40‐year life on commercial building
o 30‐year on residential rental
o 20‐years for Qualified Improvement Property (if corrected) and Land Improvements
Bonus depreciation is not available when ADS is mandatory.
Tax Reform
Bonus Depreciation Examples
Acquisition Scenario PIS Scenario Bonus Depreciation Comment
Applicability
Taxpayer enters in a contract to acquire new Equipment is Property is eligible for 50% PIS date meets post 9/27/17
equipment on 8/1/17 with a 25% restocking delivered and installed bonus depreciation requirement but acquisition
fee if cancelled on 10/01/17 date fails
Taxpayer starts construction on new interior Work is completed Property is eligible for 100% PIS date and acquisition date
improvements using a GC on 10/01/17 and final C/O is bonus depreciation are post 9/27/17
obtained on 1/15/18
Taxpayer acquires a restaurant on 11/1/17 LOI signed on 6/1/17 100% bonus depreciation PIS date and acquisition date
and opens it immediately for the entire structure are post 9/27/2017 and pre
“Qualified Restaurant” 12/31/2017
Taxpayer begins construction on their own Work is placed in 100% bonus depreciation on PIS date is post 9/27/17 and
property on 9/1/17. On 10/1/17, they have service on 5/15/18 1245 property less than 10% of self
only incurred 8% of the total cost of the construction was completed by
project 9/27/17
Example: Client purchased existing 10 year old building in 2018 for $4M. Before placing it in service, they put in a new
roof, HVAC, fire protection, and security system for $500K.
All 179 eligible.
KBKG Insight: There’s no benefit taking 179 expense on tangible personal property with 100% bonus depreciation
Taxpayers should therefore consider utilizing 179 expensing on items not otherwise eligible for bonus
depreciation, such as roofs and HVAC equipment. This would avoid hitting the 179 max of $2.5M.
Important to note, this makes them subject to recapture.
However, NOLs created in 2017 that carry forward can offset 100% of taxable income in future years.
May need to track pre/post 2018 NOLs separately
Example – Taxpayer does not need deductions in 2017 but paid $100k in taxes in the prior year. If they do a cost
segregation study for the 2017 tax year, they will create a $500k NOLs they can carry back and get a $100k refund.
Remaining $400k of NOLs carry forward and offset 100% of taxable income in future years
This opportunity is not available in 2018.
POLLING QUESTION #2
Pre 2018 Bonus
Depreciation Rules
Bonus Depreciation Criteria Thru 2017
Prior to 9/28/17, property qualified for 50% bonus depreciation as long as each of the
following four requirements under IRC 168(k)(2) were met:
Property of a Specified Type
Original Use
Acquisition of Property
Placed in Service Date
Bonus Pre 2018
Specified Property Type
Under Current Law Qualified Property includes:
QUALIFIED IMPROVEMENT PROPERTY (through 2017)
MACRS property with GDS recovery period of 20 years or less
Water Utility Property
Computer Software (with the exception of software covered by Section 197
(purchased as part of a business)
Long Production Period Property
Prior Qualified Property included:
Qualified Leasehold Improvements (2001 – 2017)
Qualified Retail Improvement Property (only in 2016 – 2017)
Qualified Restaurant Improvement Property (only in 2008)
Bonus Pre 2018
“Qualified” Real Property
Qualified Leasehold Improvement Property (QLI)
Qualified Improvement Property (QIP)
Qualified Restaurant Property (QRES)
Qualified Retail Property (QRET)
Bonus Pre 2018
Qualified Leasehold Improvements (QLIs)
Qualified leasehold improvement property:
Any Section 1250 property which is an improvement to non‐residential real property;
and
To interior portion of building occupied exclusively by lessee (not a common area);
and
Placed in service more than 3 years after the building was first placed in service by
any person; and
Made pursuant to a lease
o Lease cannot be between related parties
See related party rules (Code Section 1504)
80% common ownership in both entities
Depreciated over 15‐years with SL convention, AND qualifies for bonus
Bonus Pre 2018
Qualified Leasehold Improvements ‐ Exclusions
Qualified leasehold property does NOT include:
Costs for the enlargement of a building,
Elevators, escalators
The internal structural framework of a building
Structural components that benefit a common area
Many taxpayers make the mistake of claiming bonus on all Tenant Improvement / Leasehold Improvement
costs assuming they are all for QLI
Roofing, Concrete, Steel, Windows, Storefront, Masonry, Finishes, EIFS, Seismic Retrofitting, Thermal &
Moisture Protection, Elevators, Lobby Area, Hallways, Bathrooms
Bonus Pre 2018
QLI – Related Parties
Example
Penny and Leonard (business partners) own a research and development business
called “Bazinga” and lease the space from a real estate holding company “TBBT, LLC”
R&D business ownership: Penny (50%) and Leonard (50%)
TBBT, LLC ownership: Penny 35%, Leonard 35%, Sheldon 20%, Howard 5%, Raj 5%
TBBT, LLC ownership is (70%) common with the
R&D business (100%)
Unrelated parties since the threshold is 80%
Improvements are QLI and receive 15‐year recovery
Regardless of the lease agreement,
these improvements meet the definition
of QIP and receive bonus depreciation
Bonus Pre 2018
Qualified Improvement Property (QIP)
Qualified Improvement Property:
Any improvement to an interior portion of a building which is nonresidential real
property if such improvement is placed in service after the date the building was first
placed in service.
Property must be placed in service after 2015
Replaces the bonus deduction for QLI
39‐year recovery prior to 2018 but eligible for bonus!
39‐year recovery after 2017 and no bonus (for now?)
Qualified Improvement Property does NOT include:
Costs for the enlargement of a building
Elevators, escalators
The internal structural framework of a building
Bonus Pre 2018
Qualified Restaurant Property
Restaurant Property
Available through 2017
15‐year recovery, no bonus
Definition of QREST Property:
Any 1250 property that is a building or an improvement to the building,
At least 50% of the building’s square footage is devoted to the preparation of, and
seating for on‐premises consumption of, prepared meals.
Bonus Pre 2018
Qualified Retail Improvements
Qualified Retail Property
Similar to Restaurant, 15‐year recovery through 2017
Any improvement to an interior portion of a building which is nonresidential real property
if
such portion is open to the general public and is used in the retail trade or business of
selling tangible personal property to the general public, and
such improvement is placed in service more than 3 years after the date the building
was first placed in service.
QRET shall not include any improvement for which the expenditure is attributable to— (i)
the enlargement of the building, (ii) any elevator or escalator, (iii) any structural
component benefitting a common area, or (iv) the internal structural framework of the
building.
POLLING QUESTION #3
Bonus Pre 2018
Bonus Requirements ‐ Nuances
The nuances of the bonus requirements
Qualified Improvement Property Chart
Self Constructed Property
Written Binding Contracts
Not applicable to property produced or construction by the taxpayer
Planning Considerations
Bonus Pre 2018
Qualified Improvement Chart
Download this helpful chart at: https://www.kbkg.com/resources
Bonus Pre 2018
Self Constructed Property
What exactly is self constructed property?
Property constructed by the taxpayer
Property constructed for the taxpayer by another person under a WBC (that is
entered into prior to the start of manufacturing, construction, or production of the
property). Proposed regs would narrow this definition.
If you sign the contract before construction begins, it’s “self constructed property”
which is most common in real estate development.
Self constructed property is NOT subject to the WBC rules (but subject to certain other
rules) but generally construction must begin on or after 1/1/2012 to get 50% bonus.
There currently is no direction on how these rules might impact eligibility for 100%
bonus.
Bonus Pre 2018
Acquired vs. Self Constructed Property
Important to understand the difference!
Acquired Property
Client signs a contract to acquire property AFTER construction begins.
Date of contract is highly relevant to bonus eligibility
Self Constructed Property
Client signs a contract to acquire the property BEFORE construction begins.
Date of contract is not relevant to bonus eligibility
Consider when construction began and 10% Safe Harbor
Proposed regs would limited this to properties constructed by taxpayer for
taxpayer
Bonus Pre 2018
Acquired Property Example
Example – Acquired Property
Developer begins construction of a building on 08/01/17
Taxpayer signed a WBC on 08/28/17 to buy when finished
Property is placed in service by the taxpayer in 2018.
Eligible costs qualify for 50% bonus depreciation because the WBC was signed before
09/28/17 (date bonus goes from 50% to 100%)
This is considered “acquired property”
Note that this may qualify for 100% bonus if it meets the definition of “self
constructed property” in 2018
Bonus Pre 2018
Self Constructed Property Example
Taxpayer signed a WBC on 03/28/17 to build property
Developer begins construction on 09/01/17 (same date as before)
Property is placed in service by the taxpayer on 07/01/18
“Self Constructed Property” because written binding contract was signed before construction began
Eligible costs qualify for 100% bonus depreciation because physical work of a significant nature had not
occurred as of 09/28/17
Bonus Pre 2018
Written Binding Contract Rules
Applicable to acquired property only! (after construction started)
Regulations provide detailed guidance on the definition of a binding contract in Reg.
1.168(k)(2)(A)(iii) and (k)(4)
Substantial changes to a contract signed outside a bonus period may create an
opportunity.
Planning Consideration for Acquired Property
If you signed a WBC after construction began, look to see if any substantial changes were
made to the contract during a bonus eligible period
Ex. Contract signed in July 2017 (50% bonus) but changes were made in 2018 (100%
bonus depreciation)
Change Orders of size may constitute a significant change. See Reg. §1.168(k)‐
1(b)(4)(ii)(B)
Bonus Pre 2018
Self Constructed Property – begins when?
The construction of property begins when “Physical Work of a Significant Nature” (PWSN) begins and is a
facts and circumstances test
This does not include preliminary activities such as planning or designing, securing financing, exploring, or
researching
Safe Harbor Rule
Construction begins after taxpayer pays or incurs more than 10% of the total cost of the property
(excluding land and preliminary activities such as planning or designing, securing financing, initial
clearing, etc.)
Accrual Based ‐ Even if the taxpayer didn’t yet pay 10% costs, but 10% of construction is completed,
construction has begun
Important to document if safe harbor is relied upon (cost segregation study)
POLLING QUESTION #4
Maximize Bonus Deductions
using Cost Segregation
Cost segregation studies reclassify a substantial portion of real property assets
From tax recovery periods of 39 or 27.5 years into asset classes that will qualify for bonus
depreciation (5, 7, 15 year property).
Allows taxpayer to take full advantage of the bonus rules
Identifies every building component eligible
Special piping and fixtures (5 or 7 years)
Certain finish carpentry and millwork (5 or 7 years)
Special electrical connections (5 or 7 years)
Certain exterior land improvements (15 or 20 years) and so on…
Cost Segregation – Tax Planning Tool
One of the most common tax planning tools for anyone with real estate
Performed in year purchased – simply report the allocations on depreciation schedule
Can done anytime after the building is purchased.
No amended tax returns.
File a Form 3115 and claim any missed deductions in year performed.
Allows tax preparers to plan when to use deductions
Old Rule of Thumb: viable if building basis is > $750K (excluding land)
Modified Rule of Thumb: can use online software for residential properties if building basis
> $150k
Cost Segregation Deductions are
More Valuable in 2017
Permanent tax savings realized by claiming deductions before tax rates drop to shift income into tax
years with lower rates
Taxpayers who opted not to perform cost seg because it only represented a timing difference
should reconsider.
C‐Corp purchased building in 2014 for $1 million. This year, they apply cost segregation to their
2017 tax return.
Accelerates $100,000 of future depreciation into 2017 tax year creating immediate tax savings of
$35,000 (35% rate)
New tax rate is 21%: there is a $14,000 permanent tax savings ($35,000 – $21,000)
• on top of the traditional benefits of accelerated cash flow generated by a cost segregation
study.
State Tax Planning Considerations
State tax conformity
Most states don’t follow federal bonus depreciation and either disallow or modified it
Some state’s don’t provide a 15‐year recovery for QLI, QRET, QRES, QIP
Don’t dismiss a cost segregation study if your state does not follow the federal rules
Cost Segregation Buckets
5-year
7-year
39-year
KBKG Enhanced
Cost Segregation Studies
Repairs
Demo Expense
Retirements
Bonus Rates
Qualified
Improvements
5-year
39-year
7-year
Cost Seg 15-year
39-year
Roof Security
Windows Elevators
Doors Gas Dist
Lighting HVAC
Plumbing Ceilings
Electrical Floors
Evaluating a Cost Segregation Provider
What are the real capabilities of the cost segregation provider you are using? There is a big
difference in technical knowledge.
The value of Cost Seg is not just about breaking a building down into components!
Many low cost or small providers don’t have the resources to stay on top of all the tax
issues.
Is your provider advising you on
Situational bonus depreciation rules such as Long Production Period Property, RP 2011‐
26 rule to componentize your property?
Repair vs. Capitalization Regulations?
Energy credits for your multi‐family clients under IRC 45L?
Energy tax incentives for your commercial building developers?
Tax Considerations of Cost Seg?
Property Tax Issues?
QUESTIONS & ANSWERS
CPE Certificates