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.
Biden's tax proposal could wreck real estate investors.
I went through 256 pages of his proposal to analyze the impact.
Here is all you need to know:
— The Money Cruncher, CPA (@money_cruncher) May 15, 2024
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.
Do you operate a short-term rental such as an Airbnb or VRBO? Is it profitable? I.e. are you having to pay income taxes because you are turning a nice profit on your STR? In this blog post, we’ll explore what cost segregation is, how it works, and the benefits it can offer to Airbnb and VRBO owners.
What is Cost Segregation?
Cost segregation is a tax planning strategy that allows property owners to accelerate depreciation deductions by reclassifying certain property-related expenditures. Instead of depreciating the entire property over the standard 27.5 or 39 years (for residential and commercial properties, respectively), cost segregation identifies and reclassifies specific components of the property into shorter depreciation periods (5, 7, or 15 years). These components can include items like landscaping, fixtures, and certain building improvements. BTW, short-term rentals are considered 39 year property.
How Does Cost Segregation Work?
A cost segregation study is typically conducted by a team of professionals, including engineers, architects, and tax advisors. They analyze the property in detail to identify which parts of the property can be reclassified for accelerated depreciation. The study involves:
Reviewing Architectural Plans and Costs: Examining blueprints, invoices, and other documentation to identify qualifying assets.
Site Visit: Conducting an on-site inspection to verify and document the assets.
Reclassification: Reclassifying the property components into appropriate depreciation categories.
Report Generation: Providing a detailed report that outlines the reclassified assets and their depreciation schedules.
Benefits of Cost Segregation for Airbnb and VRBO Owners
Increased Cash Flow: By accelerating depreciation, property owners can significantly reduce their taxable income in the early years of ownership. This reduction translates to increased cash flow, which can be reinvested into the property or used to expand the rental business.
Tax Deferral: Accelerated depreciation provides a deferral of tax liabilities. By reducing taxable income now, owners can take advantage of the time value of money, allowing them to utilize funds that would otherwise be paid in taxes for other investments or property improvements.
Enhanced Property Value: Reinvesting the tax savings into property improvements can enhance the property’s value, making it more attractive to potential renters. Upgraded properties can command higher rental rates and improve occupancy rates, further boosting income.
Improved Competitive Edge: The savings from cost segregation can be used to offer competitive pricing or to enhance amenities and services, making the property more appealing compared to other listings in the area.
Compliance with Tax Laws: Cost segregation is an IRS-approved method of accelerating depreciation. By conducting a professional cost segregation study, property owners ensure they are in compliance with tax laws while maximizing their deductions.
Flexibility in Planning: The insights gained from a cost segregation study can aid in future tax planning and financial decision-making. Knowing the detailed breakdown of property components and their depreciation schedules allows for better forecasting and budgeting.
Is Cost Segregation Right for You?
While cost segregation offers significant benefits, it may not be suitable for every property owner. One of the things we often will say is that if the owner is planning to hold the property for at least 3 more years, cost segregation will often make sense. If you’re going to hold shorter than that, then it probably doesn’t make sense. We always recommend you consult with your own tax advisor when it comes to cost segregation. The initial cost of the study and the complexity of the property are important considerations. Typically, properties with a cost basis of $200,000 or more are candidates for cost segregation. The more expensive the property, the better the results will be with cost segregation. Depending upon the size, cost and complexity of the property, these studies can often range from about $2,500 to $5,500.
Conclusion
Cost segregation is a powerful tool that can unlock substantial tax savings and enhance the profitability of short-term rental properties on platforms like Airbnb and VRBO. By accelerating depreciation, property owners can increase cash flow, defer taxes, and reinvest in their properties to gain a competitive edge. If you own a short-term rental property, it’s worth exploring whether cost segregation can help you maximize your investment and take your rental business to the next level.
Partial Asset Disposition (PAD) is a tax strategy that can be highly beneficial for commercial property owners, especially during renovations or upgrades. Essentially, PAD allows property owners to decrease their taxable income by writing down the depreciable basis of certain assets that are removed and disposed of during property renovations.
When a commercial property undergoes renovations, certain existing assets may need to be removed—anything from lighting fixtures and HVAC units to doors, windows, and even structural elements like roofing. Under PAD, the cost of these removed items, including the expenses associated with their removal and disposal, can be written down. This write-down provides an immediate tax deduction for the property owner in the year the renovation occurs. It’s crucial to note that this is a time-sensitive opportunity: if the write-down is not applied in the tax year during which the renovation happens, the chance for that deduction is permanently lost. It’s a use it or lose it tax deduction.
The benefits of implementing PAD extend beyond immediate tax relief. At the time of sale of the property, PAD can lead to permanent tax savings by reducing the overall basis of the building, thereby decreasing recapture tax on property that is no longer part of the property.
This strategy is particularly relevant for a range of commercial property owners, including:
Retail lessors who might acquire assets left behind by tenants.
Property owners undertaking significant renovations, repairs, or improvements in areas such as roofing, lighting, parking lot resurfacing, door and window replacement, floor resurfacing, and both interior and exterior painting, where costs exceed $50,000.
Owners who have demolished parts of a facility as part of an improvement or renovation project with costs over $50,000.
Those who have acquired, constructed, or expanded facilities since 2000.
Businesses that have recently upgraded or replaced major operational equipment within the tax year.
Pass-through entities that may be considering a sale soon, especially if there has been significant appreciation in the value of their facilities or operational assets.
The IRS’s final tangible property regulations under Section 263(a) offer comprehensive guidelines on how these assets should be handled for tax purposes. Tax professionals are encouraged to guide their clients in making an annual election to claim these deductions, ensuring that they do not miss out on substantial tax benefits.
To accurately assess and claim these deductions, conducting an engineering-based cost study is advisable. This approach provides tax professionals with precise, defendable calculations that can be directly applied to a client’s tax returns, maximizing the potential benefits of PAD. This detailed evaluation not only supports the claim but also ensures compliance with tax laws, making the deduction process smooth and justified. As always, be sure to consult with your own tax advisor.
Buying a strip mall as an investment? Do you know if there has ever been a drycleaners in that strip mall before? Were they cleaning on the premises or was it strickly just a drop off and pick up store?
This a very informative string of Tweets from The StripMallGuy about concerns regarding dry cleaning tenants and if they have every used the space you are considering buying as you evaluate a strip mall. He has an entire thread and I would encourage you to read it if you’re in the business of buying strip malls. And to his point…if you are a seller trying to sell a strip mall, at least consider getting a Phase 1 study completed prior to listing the property. It will make life easier on everyone and not waste buyers’ time nor their brokers. Give him a follow on Twitter. He always has valuable insights. You can follow me as well at @costsegbuilding.
Tired of strip mall owners burying their heads in the sand about the dry cleaner issue.
Wasting the broker's time. Wasting the buyer's time.
Kills more of our deals than anything else, and it's not even close.
I often get asked exactly how can a building owner benefit from doing cost segregation. Lots of times this comes up in conversation with commercial real estate brokers. I’ve recorded a pretty straightforward 4 minute video that hopefully will be of help to both CRE brokers representing building owners buying property as well as for commercial property owners.
We always recommend that owners should consult with their own tax advisors before moving ahead with a study. I’m not given tax advice – just an example of how an owner may benefit by doing cost segregation.
Get an estimate for your building. Rather than having a conversation with your tax advisor as to whether or not you might benefit from this without a formal estimate in your hands is just guesswork. Too many times the tax professional will say I don’t think it’s worth it. But when you have the numbers in your hand and can discuss the situation intelligently, then the parties can make an informed decision instead of guessing based upon the tax professionals prior experience or opinions of this tax strategy.
BTW, this doesn’t need to be done just on $1-$2MM+ buildings…we study all kinds of buildings – big and small – inexpensive and expensive. If you have a commercial property or residential investment property with a cost basis of more than $175k, it’s worth running the numbers. I work all over the country. There’s no cost or obigation to have us run the numbers. I publish lots of information on my blog at www.costsegbuilding.com. Find me on Twitter, Instagram and Youtube under the handle – @costsegbuilding hashtag#costsegregationhashtag#commercialrealestatehashtag#commercialrealestatebrokershashtag#CRE
This post is especially for commercial real estate brokers who own buildings and have extended their 2023 taxes. Assuming you have some tax liability for your earnings in 2023, if you own a commercial building(s) and/or residential investments and you have not done cost segregation on those buildings, this would be a great time to see if this can work for you. This may be especially beneficial if you have a significant tax liability and if you are planning on holding your buildings. This also goes for those who aren’t CRE brokers but own commercial real estate. If you own a profitable building that you plan to hold for another 3 or more years, why not look at the impact a cost segregation study could have on your tax liability and cashflow for the property.
Get an estimate in your hands so you can have an informed conversation with your own tax advisor to see if doing a study now makes financial sense.
Another April 15th tax deadline has passed. Tax professionals everywhere will finally start to come up for air after having their heads down cranking out tax returns and supporting documentation. Many building owners extend their taxes and are looking for their tax advisors to review their cost segregation estimates to decide if they should move forward. I’m already starting to see the dam break meaning some CPAs are starting to respond again :).
If you extended your tax returns, you now have 6 months to get them completed. Actually corporate returns are due Sept. 15th and personal returns due Oct. 15th. If you have a building and are considering cost segregation, let’s connect and have our team run the numbers for you. There’s plenty of time to get these done. Most studies take about 4-6 weeks to get completed from the time we have all the documentation into our study team. There’s no cost or obligation for us to run the numbers for you. Give me a call – John Murphy 864-276-1448.
This looks like a phenomenal new product introduced by Haven Panels. It looks like the product is called Titan and it’s an integrated framing and insulation system that will make homes more energy-efficient and stronger. It also makes building homes much faster and easier as labor becomes a bigger challenge in the future. I don’t know how this will stand up to the requirements to build near the coasts due to hurricanes, but it sure looks like this might be a great solution.
I happen to have been driving by this one regularly as I saw the parcel being developed along Butler Road in Mauldin / Greenville area. So it was nice to get the call from one of the brokers involved in selling the building to see if I could run some numbers for the new owner for cost segregation study.
These buildings are very nice. I enjoy working with brand new buildings – who doesn’t, right?
This one is just getting underway so I don’t have any ballpark results to share but I do expect that it will perform quite well. Medical offices generally do very well with studies. There is often lots of specialty plumbing, electrical, lighting etc. that get identified as 5 year class life property. Whereas most “offices” seem to produce maybe 8-12% for 5 year class life property, most of the medical offices I’ve been working on are seeing 18-20% for the 5 year. 15 year will do fine of course as there is a decent parking lot that surrounds this building.
Photo: John Murphy, Cost Seg Building – Hotel Hartness
I had the opportunity to attend the luncheon today at the Hotel Hartness with CREW Upstate. The topic for today was sustainable building in commercial real estate. Hotel Hartness is a gorgeous new building and is an example of adaptive reuse for construction development.
We had three panelists talk about what they see as the trends itin sustainability were for CRE. Lots of discussion about LEED buildings and LEED credits.
CREW Upstate is a membership organization with the purpose to help women succeed in commercial real estate. There are a few of us men who are part of this to help support their efforts. There’s a lot that goes into commercial real estate and this group is comprised of brokers, bankers, insurance pros, engineers, architects, designers, inspectors, lawyers, property managers, financial analysts etc…I’m sure I’m missing some professions.
Here’s a picture of the panelist we had speak today. Jennifer Wolf was unable to make it.
One of the things I left with was that Diane Coleman had mentioned that there is now LEED 5 which as I understand is the latest iteration of LEED being proposed. Right now they are taking comments from the public from April 3 – May 20, 2024. You can find more at the link I just posted above for LEED 5.
