A Blog About Tax Savings for Building Owners

Category: Tax

Maximizing Tax Savings for Multi-Family & Hospitality Projects: Overlooked Strategies That Could Save You Millions

For those who have a lot of income and tax liability who are building multi-family and hospitality properties, consider the following. It’s unlikely your tax, financial and construction advisors are taking all of these strategies into account.

Build with Green Zip Tape. By doing so, about 10% of your construction costs will move from 39 year life to 5 year life allowing you to take bigger depreciation deductions earlier. This is above and beyond what you would normally get with cost segregation. $10MM project might see an additional $1MM in 5 year life. At a 35% tax rate that’s $350,000 in income tax savings or deferral. No brainer.

Utilize 263(A) if you qualify. This allows you to EXPENSE indirect costs associated with the construction of your building. This works for self constructed assets. Must be a small business and fall under the government requirements (about $30MM in revenue or less). Can’t be a syndication. If you are building this for your own investment or own use, look into it. $10MM project could see 10-15% written off as EXPENSE and not capitalized. Also can be utilized in a tax year prior to your building going into service – say you started construction in 2024 but won’t finish and go into service until 2025…you an write off some of this on your 2024.

179D – Energy Efficiency Tax Deductions….this is for buildings with 40,000 SF or more (our requirement – not the government’s). We say 40,000 because there’s a cost vs the deduction analysis. At 40,000 it definitely makes sense. It might work at 30-35,000 SF.  Might see a deduction of $.88/SF to $1.16/SF…could go all the way to $5/SF but many hurdles for that. Let’s call it $1/SF…that’s a $40,000 deduction for a 40,000 SF building. Nice thing is this deduction essentially comes out of the 39 year class life. It is not subject to potential limitations of bonus depreciation. If you’re going to hold the building, it’s also a no-brainer if you need to maximized deductions.

Cost segregation – of course this is the BIG tax deduction. Many building owners will see 20, 25, 30% of their building reclassified to 5 and 15 year life giving them a massive up front deduction. Without cost segregating your building, you will deduct 2.5% per year of the building cost (1/39). $10MM building cost could see $2-$3MM in depreciation expense moved to 5/15 year life. Depending upon the bonus depreciation rules at the time they might be able to take part or all of that either in year one or early on in their ownership.

As with all of this, please consult with your tax advisor before proceeding. If you’d like to discuss your project or any of these items noted above, please let me know. Connected with me on LinkedIn.

John Murphy CSSI

Trump Announces at Davos The Return of 100% Bonus Depreciation

It what will go down as an historic week in U.S. history with the inauguration of Donald J. Trump to his second term as President of the United States, he made news at Davos at least for the commercial real estate industry.

Many have speculated that Trump would bring back 100% bonus depreciation in 2025 as he extends his 2017 Tax Cuts and Jobs Act. He confirmed this yesterday during his video presentation to the 3,000 attendess at Davos Switzerland where the WEF and global elites were meeting to plan our futures.

During the Q&A, Brian Moynihan ask President Trump a very broad economic question. As Trump was answering it, he made mention that he will be bringing back 100% deductibility in the first year – i.e. 100% bonus depreciation. You can hear his comments at the 30:35 mark of the video presentation. This will be great news for the commercial real estate industry. Of course he has to negoatiate this with the Democrats but this nearly got extended a year ago when Biden was President. It never made it to his desk for his signature as the Senate killed the bill. It’s different this time though. The Trump Tax Cuts are set to expire in 2025 and no one wants to be on the hook for a big tax increase. Additionally of course you have the leadership of Trump at the helm driving this instead of the much weaker Republican Congressmen and Senators. I’d be shocked if this doesn’t get approved. Not sure of the timing but I think from what I’ve heard it will be April perhaps before they get something done.

If you’re doing cost segregation studies right now for 2025 taxes, there’s no worries. When we do our studies, the results are the results and your tax advisor will apply them appropriately whether it’s 100% bonus depreciation or if it remains at 40% depreciation which is what the 2025 law current states.

It might be just a bit too early to fully assume that this will be the case for 2025 but you might want to start to run 2 scenarios with your pro-formas…one for 40% and the other at 100% bonus depreciation.

My hope is President Trump pushes to make bonus depreciation permanent. He wants America to get back to growth. The 100% bonus depreciation affects a lot more than just owners of commercial real estate. It would seem to me to be a no brainer that if you want to make American the growth engine of the world and have Trillions of dollars of capital investment find their way here, make this incentive permanent. No more 4-5 year shots for it to be renegotiated.

If you’d like to watch President Trump’s address to the attendees at Davos, the recording is below. He mentions 100% deductibilty at the 30:35 mark.

John Murphy CSSI

A Blueprint for Growth: Bold Tax Reforms to Drive Stability, Investment, and Opportunity Across America

Reforming Tax Policy: Ideas for Stability and Growth

On Tuesday, November 5th, the American people voiced their support in a powerful way, placing control of all branches of the federal government in the hands of the Republicans under President Trump. As the new administration prepares to take office, a critical tax policy change looms: the expiration of the Tax Cuts and Jobs Act (TCJA) at the end of 2025. With tax reform on the agenda, I have some ideas that I believe would bring stability, encourage investment, and help revitalize struggling areas.

1. Make 100% Bonus Depreciation Permanent

The current policy of gradually phasing out bonus depreciation by 20% each year until it hits zero in 2027 is creating uncertainty. Instead of this cycle of temporary extensions and percentage adjustments, Congress should establish 100% bonus depreciation as a permanent feature of the tax code. This policy gives investors, developers, and business owners the confidence they need for long-term planning. Locking in 100% bonus depreciation would encourage investment, drive development, and spur economic growth, especially in underdeveloped areas. Congress has an opportunity to pass this legislation in early 2025, making it retroactive to 2024 so taxpayers can benefit immediately.

2. Fix the R&D Tax Credit

The Research & Development (R&D) Tax Credit needs an overhaul. Currently, the amortization requirement penalizes American businesses by forcing them to spread out deductions over five years instead of allowing a full deduction in the first year. Get this corrected for the 2024 tax year.

3. Capital Gains Tax Relief for First-Time Homebuyers

On the residential side, we need policies that increase the availability of homes for first-time buyers. One potential solution: allow investors who sell rental properties to first-time homebuyers to bypass capital gains and recapture taxes on the sale. By doing so, we could open up more housing inventory and make homeownership more accessible to younger generations. This concept, inspired by my friend and colleague Craig Kamman, offers a practical approach to addressing housing supply and affordability.

4. Update the Capital Gains Exemption for Homeowners

The current capital gains exemption for homeowners—$250,000 for individuals and $500,000 for married couples—has been in place since 1997. Given the significant increase in housing prices over the past two decades, these thresholds no longer reflect today’s real estate market. Adjusting the exemption to $1 million for individuals and $2 million for couples would reflect current home values, reduce tax burdens for sellers, and better align with housing inflation.

John Murphy

How Biden’s Tax Proposal Could Devastate Real Estate Investors and Their Beneficiaries

Photo: FoxNews

I was talking with a friend today and we aren’t sure why the Biden Administration is putting forth proposals to raise taxes as we head into an election, but apparently that is what they are doing. In some ways the changes are quite significant and when it comes to real estate investors and commercial property owners, if these become law, the impact will be material.

The Money Cruncher, CPA has been publishing some excellent information on Twitter. Below is a link to his thread that is must reading for real estate investors, brokers and owners to be aware of what might be coming down the pike.

EY published a detailed analysis on Biden’s proposed tax reform. Kiplinger and Forbes have also published analysis of the proposed tax changes.

Given that the Republicans currently hold the House of Representatives, it seems unlikely that this will get passed. But that said, if the Democrats win the White House, keep the Senate and win the House, this could get enacted early in 2025.

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