A Blog About Tax Savings for Building Owners

Author: John Murphy (Page 3 of 12)

Husband of 34 years to my college sweetheart, Janet Murphy (@janetmurphydesign on Instagram). Together we have 6 wonderful children from ages 15-31 and 5 grandchildren. I've been a licensed REALTOR since 2003 and broker since 2007. I also am a cost segregation specialist helping building owners and real estate investors maximize their tax deductions, save thousands on their income taxes and increase their cash flow. If you're a building owner you probably haven't done a study...let's connect. There is no obligation. We can run an estimate for you and really every building should be evaluated if the basis is over $150,000. I can work all over the country and not just here in the Upstate. We relocated to Greenville, SC for the lifestyle, lower cost of living, amazing amenities in the area and the growth opportunity for business and real estate. We absolutely love it here!

All opinions are expressly my own and do not represent either eXp Realty LLC, Cost Segregation Services, Inc. or any other company, organization or group that I might be affiliated with.

$30 Million Multi Family Ground Up Construction – Defer an Additional $1 Million in Income Taxes by Using Green Zip Tape

Here’s an example of how a developer who is building a $30,000,000 multi-family property can defer $1,000,000 in income taxes over the first 5 years by utilizing Green Zip Tape rather than standard sheetrock tape. The video below is 3 minutes long. Green Zip Tape works on projects $10 million or more.

Green Zip Tape leverages financial incentives to build sustainably and drive positive environmental change and will revolutionize the way you manage your real estate construction portfolio.

  • Tax Savings: 5-10% of your construction costs move from 27.5 or 39 year class life to 5 year class life allowing for faster depreciation
  • Environmental Impact: Eligible for up to 25 LEED Credits (17 direct, 8 indirect)
  • IRS-Approved Asset Reclassification: The only tape approved by the IRS to convert interior non-load bearing walls into 5-year depreciable assets. Allows for potential wall relocation and drywall reuse.
  • Improved Remodeling Process: Enables quieter, quicker, and cleaner demolition, remodels, repairs, and retrofits
Explaining Green Zip Tape and how it can help building owners and developers defer more taxes

Let’s connect on LinkedIn or follow me on Twitter and Instagram @costsegbuilding.

State by State Alignment to Federal Bonus Depreciation

So you are excited to take advantage of bonus depreciation, but did you know that most states don’t fully conform with the federal bonus depreciation rules? Many states don’t allow any bonus depreciation to be able to be taken. Some states allow partial bonus depreciation to be taken.

Bloomberg has a comprehensive list of which states allow for bonus depreciation and which ones don’t. As always with anything with tax, please consult your own tax advisor to understand how bonus depreciation can benefit you on both a Federal and possibly state level when it comes to reducing income tax liability.

Cost Segregation Can Deliver Massive Tax Benefits for Owners of Tunnel Car Washes

Tunnel Car Washes and Cost Segregation
Tunnel Car Washes and Cost Segregation

Car washes and specifically, tunnel car washes, have a favorable status in the tax code. Many who buy these know this already, but if the building truly is a tunnel car wash everything there can be identified as 15 year class life. But even tunnel car wash owners can benefit significantly by doing a cost segregation study. Let’s get into it.

For simple math purposes, let’s use some round numbers. We also are assuming that this was not purchased as part of a 1031 exchange. If that was the case, the basis would be lowered or possibly eliminated. One’s CPA would need to tell us what the remaining basis is in the new building. But let’s move on…

In this example, a tunnel car wash sells for $3,500,000. The land value is estimated at $500,000 for this example. So we are left with a cost basis of $3,000,000. If the property was purchased and placed into service between Sept. 28, 2017 and Dec. 31, 2022, then the full $3,000,000 can be depreciated as 15 year class life property in year one. If you have not done this yet and would like to do it, your tax advisor would need to file an IRS Change of Accounting Form 3115. (We draft these for $750 with cost seg studies). If your car wash went into service in 2023, you could take 80% of the $3,000,000 right away in a depreciation expense – i.e. tax deduction / write off. If it’s in 2024, then bonus depreciation goes to 60% – so 60% of the $3,000,000. You can do this without hiring a firm like ours. Just make sure you truly do have a tunnel car wash and always get the advice of your own CPAs.

Why should owners of tunnel car washes consider paying for a cost segregation study when all the property is already able to be classified on a shorter class life schedule at 15 years? Because, it’s likely that 40-60% of that $3,000,000 could be classified as 5 year property. Why would you leave something as 15 year property when for a cost between $7-8k you can have an engineering-based cost segregation study clearly reclassify all your building components into their proper class lives. When bonus depreciation was 100%, this would not benefit you from an upfront depreciation tax deduction benefit, but it would help you when you go to sell. If bonus depreciation is anything less than 100% as it has been in 2023 and 2024, then you can benefit from doing a study both on the front end with more depreciation in the early years of ownership plus you can benefit when you go to sell.

Depreciation: in 2024, you can take 60% of property with a class life of 20 years or less. So using our example above, you have $3,000,000 and can take 60% or $1,800,000 in year one. The remaining 40% will be taken over the next 15 years as it’s 15 year class life.

But let’s say you study the property and it turns out 50% is 5 year and 50% is 15 year. That’s $1,500,000 for 5 year and $1,500,000 for 15 year. You use the 60% bonus depreciation and take $1,800,000 in depreciation expense. That leaves a total of $1.2MM but it’s actually $600,000 that is 5 year property and $600,000 that is 15 year property. That 5 year property gets depreciated over the next 5 years and then is fully depreciated given you a bigger tax deduction in the early years of ownership. The $600,000 of 15 year gets deducted over the next 15 years. So this is definitely a win. $600,000 depreciation deduction over 5 years at a 35% tax rate is a tax savings of $210,000. Now do you think it was worth spending $7-8k on a cost segregation study?

Now what happens when you go to sell the property years down the road. Let’s say it’s 6 years later. Well, you have fully depreciated your 5 year property. Some of it maybe has even been replaced already which is also nice to have a cost segreagtion study which makes dispositions of property a lot easier for your CPA. It saves him time and you can come up with accurate information. That’s a win for you as the owner as it saves you money from an accounting standpoint and you get another write off. But now you go to sell and it will be between you and your CPA what kind of recapture tax you end up paying. Clearly on the depreciation of the 15 year assets, there is still life on those so you’ll have some recapture. But with the 5 year property, you might be able to pay little to no recapture tax on that $1.5MM in depreciation you’ve taken because those components may not have much value any longer. But let’s say your CPA wants to be more conservative and say that he puts a value of $500,000 on that $1,500,000 you’ve taken in depreciation. You pay recapture tax on the $500,000 and NOT the $1,500,000. Recapture tax is paid at your earned income tax rate. So if it’s 35%, this strategy may have just saved you $350,000 in recapture tax when you go to exit. You’ll still have capital gains tax to pay of course and as with all things dealing with tax, please consult your own tax advisor before proceeding.

To sum it up…it we are able to use 100% bonus depreciation, cost segregation doesn’t help very much on the front end of your ownership but it can save you potentially a small fortune on the back end. If we are running at less than 100% bonus depreciation, then cost segregation can help both on the front end with greater depreciation deductions earlier in the ownership life of the building and help with saving on recapture tax on the exit. If you hold long term, having done a cost seg will help when you go to replace parts of the car wash that are no longer working. You’ll be able to take dispositions a lot easier. Those are good and important tax deductions.

I work all over the U.S. If you’d like to discuss or get a quote, please let me know. There is no cost and no obligation.

Maximizing Tax Savings: The Overlooked Benefits of Cost Segregation for Tenant Improvements

Tenant Improvements and Cost Segregation

Tenant Improvements, or TI’s as they are known typically are not studied. If it’s an interior improvement to a building most CPAs will just mark this cost as QIP or Qualified Improvement Property. It has a 15 year class life just like land improvements do. In the world where bonus depreciation was 100%, I could see why they would do this and not study the improvements. I still think there are benefits to studying the improvements even at 100% bonus but I’ll make mention of that in a minute.

But here we are today at 60% bonus depreciation. In 2023, bonus depreciation was 80%. Pretty much all hope has faded at this point that 100% bonus depreciation is coming back in 2024. Speculation is that the new government in 2025 will renew 100% bonus depreciation for 2025 and beyond but no one knows for sure at this point. All we have is 2024 and we sit at 60% bonus depreciation.

When I talk with CRE brokers about TI’s they will often tell me it absolutely makes sense that TI’s have a shorter class life at 15 years because pretty much once those improvements are made for a particular tenant, they are often worthless to the building owner when and if he has to place a new tenant in the space. Usually they have to tear it out or significantly modify the space for the new tenant. So the improvements have zero value essentially.  When I talk with GCs who actually build out these TI’s they often say the 5 year class life property often has to be updated anyway in 5 years. It’s often worn out or maybe outdated. If that’s the case, why not identify and reclassify your TI’s so that you can clearly see what is 5 year property?

What is interesting is that if you actually study tenant improvements, the results will often come back with 30, 40, 50, 60% of the work effort being identified as 5 year property. The result usually is QIP…sometimes there ends up being some structural at 39 years. But lets say the 5 year is 50% of the overall improvement? That is significant in terms of depreciation, tax savings, diminished value and recapture tax. After seeing what I’m seeing on many TI projects, I’m really surprised owners don’t have these efforts cost segregated. The reason they don’t have them studied is their CPAs tell them they will just take 60% bonus and identify it all as 15 year. While that is an accepted practice, the owner is leaving depreciation on the table by not breaking out the 5 year. Some will say it’s not worth the cost of the study. To study most Tis is only a few thousand dollars. It absolutely is worth it for the owner to study it.

Given the space limitations here, I’ll do a follow up post at some point with some further details. But TI’s are not unlike the broader issue with commercial property…why would you buy a commercial property which is made up of 5, 15, and 39 year property but leave it all as 39 year property and depreciate it as such?  There are on a few circumstance where that makes sense to do so.

Commercial real estate brokers and General Contractors have a real opportunity here to help their clients maximize their tenant improvements and get all the tax benefits they can out of improving their buildings.

I work all over the U.S. If you’d like to have a conversation, please don’t hesitate to reach out to me. You can also follow me on Twitter @costsegbuilding or visit my blog for more detailed information about cost segregation at www.costsegbuilding.com.

#tenantimprovements #Tis #renovations #commercialrealestate #CRE #brokers #CREbrokers #GCs #generalcontractors #buildingowners #CPAs #taxsavings #taxbenefits #depreciation #bonusdepreciation #accelerateddepreciation #recapturetax

Supreme Court Overrules Chevron Deference Dealing Blow to the EPA and the Administrative State – Good News for Real Estate Development

FILE- Gulls follow a commercial fishing boat as crewmen haul in their catch in the Gulf of Maine, in this Jan. 17, 2012 file photo. TExecutive branch agencies will likely have more difficulty regulating the environment, public health, workplace safety and other issues under a far-reaching decision by the Supreme Court. The court’s 6-3 ruling on Friday overturned a 1984 decision colloquially known as Chevron that has instructed lower courts to defer to federal agencies when laws passed by Congress are not crystal clear. (AP Photo/Robert F. Bukaty, File)

In what will probably go down as one of the most important Supreme Court decisions in all of U.S. history, The Supreme Court rule today 6-3 against Chevron Deference which we can hope will mean the start to the dismanteling of the adminstrative state that has a choke hold on the U.S. It’s going to depend of course if Congress has the courage to start gutting these agencies. I expect this to be good news for real estate development in general.

Here’s a take from Doug Sheridan on LinkedIn. He does a great job of briefly explaining the impact.

Here’s Laurence Tribe’s tweet about the decision.

Cost Segregation for Retail Strip Centers

Southside Corners, Five Forks Simpsonville, SC – 2201 Woodruff Rd., Simpsonville, SC

Dispite Amazon supposedly killing traditional retail as we know it, retail strip centers continue to perform very well for their owners. We study a lot of these kinds of buildings and they tend to do well for their owners in terms of accelerated depreciation.

This one happens to be in Five Forks – Simpsonville, SC. It sits on a terrific corner at Woodruff Road and Highway 14 in the highly sought after area called Five Forks. There had been an old building that was at this corner and was for sale for a long time. It got demolished to make way for this gorgeous new 3 tenant retail strip. The tenants are Summer Moon Coffee, Tazikis Mediterranean Cafe and Tek Replay.

I was in the building last week and all the tenant spaces. It’s beautiful and high quality. The Boardman Group was the General Contractor and design firm that built this building. It is located adjacent to Southside Christian School which has elementary through high school. It seems there’s a built-in customer base right there.

179D Energy Efficient Tax Deduction – Benefits 39 Year Class Life Property

New warehouses are great for 179D Energy Efficiency Tax Deduction

179D Energy Efficiency Tax Deduction

There are many nuances and variables with this tax deduction for commercial building owners and it’s not quite that easy to say who and how one qualifies for this. The laws changed recently which do affect buildings placed initially into service in 2023 / 2024. It used to be owners could get up to $1.80/SF for a tax deduction but now it’s been revised upward to $5/SF. Here’s the official IRS web page for the 179D deduction.

It’s really designed for buildings with about 40,000 SF or more given the math between the cost of the study and the tax deduction. It might make sense at 30-35,000.

But let’s say you have a 100,000 SF building. It might qualify for up to $5/SF which would be a $500,000 tax deduction. The interesting thing is this deduction is not subject to the current bonus depreciation schedule so you get 100% of this tax deduction. The other thing that I think is very powerful is this deduction hits your depreciation schedule and reduces the 39 year class life property. Most of us are used to the 5 and 15 year class life deductions with cost segregation and the use of bonus depreciation. This hits the 39 year line…nothing hits the 39 year line unless it’s 179D or a partial asset disposition.

This works if you are the initial owner / developer of the building. If you are the second, third, fourth owner etc., it does not work unless you’ve done some significant improvements including lighting, HVAC, building envelop and/or roof. But I know there are some significant buildings out there where those kinds of renovations are being done. They always should get a cost segregation study done for those improvements but you should also evaluate 179D.
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EnerSys Gigafactory LLC Purchased 321 Acres near Donaldson for $9MM – Plans to Build 500,000 SF Lithium-ion Factory

Image: MLS Tax Suite Powered by CRS

I was going through some recent sales and saw that EnerSys Gigafactory LLC just closed on 321 acres in the Upstate. I found this press release and I’m sure there are several other news storage out there regarding this. The press release says between the state and Greenville County, they got $200MM in incentives to come build here. They plan on a state of the art 500,000 square foot facility that will bring about 500 jobs. Here’s another article about the proposed factory.

South Carolina appears to be a key destination for many of these giant batter facilities as we’ve seen with other deals. The South Carolina Department of Commerce are excellent business deal makers and there are lots of excellent economic development groups in South Carolina that also help.

Park 37 Building 300 Greenville SC Renovation by DP3 Architects

Photo: DP3 Architects – Park 37 Building 300

At a time when it’s incredibly challenging for owners of office space to keep their vacancy rates low, many owners are making improvements to their properties to continue to keep and attract new tenants.

A new ownership group purchased the office complex known as Park 37 in Greenville for $53,250,000 back in January of 2022. It’s a significant office park for Greenville and has 9 buildings. Recently they have completed some gorgeous improvements to Park 37 Building 300. DP3 Architects did the design and it looks amazing! Congrats to the ownership group, DP3 Architects and the tenants who get to benefit from this significant improvement to the building!

I have not made contact with the new owner yet but this would likely benefit from doing a partial asset dispostion on this property given the significant improvements that have been made.

Multi-family Acquisitions Model and Tools

Looking for models to help you make decisions on your multi-family investments? Be sure to check out Spencer Vickers on LinkedIn. He publishes a lot of tremendous content around real estate investment and particularly in the area of multi-family investing. He is working on a number of things and I believe will have some big announcements soon about a business or service he may be offering to the public.

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