For residential real estate, the cost of a building can be deducted in equal amounts (i.e. “straight line depreciation”) over 27.5 years and, for commercial real estate, over 39 years from the date the property is placed in service. Through proper planning, you can massively increase your depreciation deductions by conducting a cost segregation study of the property.

Your rental property can be divided up for depreciation purposes between its real estate components and non-real estate components, aka personal property (such as appliances, flooring, landscaping, etc.), and you can depreciate that personal property separately from the real estate elements of the property. These non-real estate items can be depreciated over a much shorter period e.g., 3, 5, 7, or 15-year periods, depending on the specific type of asset.

The ability to depreciate a portion of the cost of a building over a shorter time can result in a substantial increase in tax deductions.

Example: The depreciation deduction on $100,000 of residential real estate in a year would be approximately $3,636. If that same $100,000 were depreciated over 15 years, the deduction would be $6,667 and if depreciated over 5 years, it would be $20,000.

Not only does cost segregation allow you to depreciate components of the building over a shorter life, but it also allows you to depreciate it faster over that shorter life, thereby further increasing depreciation deductions. 

5-year property –which includes appliances, carpets, and furniture, can be depreciated using the 200% declining balance.  This method permits deduction of 200% of the allowable straight-line depreciation.  15-year property –can be depreciated 1.5 times faster using the 150% declining balance method.  The 200% or 150% declining balance methods are used to calculate the deduction until the time that the straight-line method would result in a greater deduction.

Moreover, the value of the personal property is also eligible for bonus depreciation.  While some of these amounts may need to be recaptured at the time of sale, the value of the tax deferral can nevertheless be very substantial.

Bottom Line:   Conducting a cost segregation analysis for your property can substantially accelerate the pace at which you can claim depreciation deductions and the proposed extension of the bonus depreciation rules could further increase the available deduction.

”Things may come to those who wait, but only the things left by those who hustle.” -Abraham Lincoln (?)

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Photo of James Duffy James Duffy

Jim is a partner in Taft’s Tax practice and practices principally in the areas of federal tax law; tax credit financing; individual, partnership and corporate tax planning; M&A; tax-exempt organizations and general commercial and corporate law.

Jim has been actively practicing in the

Jim is a partner in Taft’s Tax practice and practices principally in the areas of federal tax law; tax credit financing; individual, partnership and corporate tax planning; M&A; tax-exempt organizations and general commercial and corporate law.

Jim has been actively practicing in the area of the New Markets Tax Credits (NMTC) program since its inception in 2001. He has organized community development entities (CDEs) and represented CDEs, borrowers and other parties in structuring and closing numerous NMTC transactions. Jim also advises clients regarding Qualified Opportunity Zone matters.

Jim advises LLCs, partnerships, corporations and individuals in connection with the formation of new companies, mergers and acquisitions, formation of joint ventures, like-kind exchanges, ownership succession planning, and general business operations. These clients are involved in a variety of industries, including banking, venture capital, real estate, construction, consulting and investing.

Jim also advises charitable and non-charitable tax-exempt organizations, including health care entities, schools, religious and civic organizations. In addition to advising management of these organizations with respect to matters pertaining to general operation and maintenance of tax-exempt status, Jim has assisted clients in forming, restructuring and dissolving tax-exempt organizations, as well as forming donor- advised funds.

Prior to joining the firm, Jim worked at the law firm of Lewis Rice and Fingersh in St. Louis, Missouri, where he concentrated his practice in federal and state taxation. He also clerked for the Hon. Robert P. Ruwe of the U.S. Tax Court in Washington, D.C.