A Blog About Tax Savings for Building Owners
This is a fantastic explanation of Cap Rates by Ron Oxtal, MAI, Tropical Valuation Advisory, Tampa, FL. There are many variables and just because the Federal Reserve lowered interest rates by 50 basis points last week, don’t expect Cap Rates to move for commercial real estate.
Here’s the link to the Globest article referenced in the LinkedIn post above.
We’ve been hearing a lot about the financial stress and loan failures in the commercial real estate world for the past couple of years. It does seem to be accelerating and spreading. Now there are signs that the much vaunted multi-family asset class is showing signs of increasing distress.
Multi-family distress reached 5.71% reaching a nearly 9 year high according to GlobeSt. This is still better than the 11.91% distress in Office according to CRE Daily on multi-family distress.
We’re likely at the start of a three-year cycle of increasing multifamily distress,” Silverman told GlobeSt.com, explaining that many property owners who took advantage of favorable lending conditions between 2013 and 2017 are now struggling.
Mark Silverman, partner at Locke Lord, CRE Daily Article
Photo was taken from Shashankh Aryal’s LinkedIn post about multi-family distress in Dallas, TX. 3930 Accent Drive in Far North Dallas, TX. Follow him for lots of information about distressed commercial assets.
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:
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.
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
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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.
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Building owners….did you know that you could use an cost segregation ESTIMATE to help you manage your cash flow and perhaps pay less in quarterly tax payments or year end payments? How? Follow along…
When we provide an owner with an estimate, we are almost always conservative in our projection. If we say we believe that we’ll be able to identify say $200,000 in additional increased accumulated depreciation expense, we’ll normally hit at least that number 96-97% of the time. Occassionally the actual results come in a bit lighter.
But let’s say you owe a quarterly tax payment of $15,000 this quarter. You own a building but haven’t done cost segregation on it yet. Your building is profitable and the reason you own the tax money is in a big part because of the commercial real estate you own or the business you operate at the CRE building you own. You contact us. Our team done an initial analysis and says we can identify $200,000 in depreciation. Let’s say your tax rate is 32%. And let’s say you put this building into service in 2023 so bonus depreciation is 80%. Here’s the math:
$200,000 in depreciation x 80% (bonus depreciation) x 32% (tax rate) = $51,200 in estimated tax savings. We will provide you with a nice PDF for your records. You can use the depreciation expense expectation in the calculations you and your tax professional run to figure out what your quarterly payment might need to be. It could be that our estimate will wipe out your quarterly tax obligation. In this scenario noted, it very well could have done that.
This strategy can be used at any point in the year. It doesn’t just need to be reserved for year end tax planning. Reach out if you have questions and would like to discuss. John Murphy, Cost Segregation Specialist, 864-276-1448
In talking with various property management companies, they often keep track of all kinds of things about an owner’s building…expenses, repairs, inspections, improvements, life expectancy on components and regular review of the property. Many also keep the books as well and know the profitability of the owner. They may or may not include the tracking of the property taxes, debt service and depreciation.
But that said, as managers of the property to help the owner maintain a profitable business, in my opinion, they should be having conversations with their owner clients and find out if they have done cost segregation or not for the building for tax savings. Cost segregation can help with profitability and cash flow – right in the wheelhouse of most property managers.
Property managers should also remember that if there are significant improvements done to the property, they should consider studying those improvements – partial asset disposition (PAD) and cost segregation. There is often significant tax savings for the owner if they do this after a significant renovation ($100,000+). There are some rules of course that must be followed but it’s important to look into it. If the building has been owned for at least one tax year and they do big improvements, it might qualify for PAD. PAD allows for a tax deduction in the tax year in which the work was done. It also removes basis from the depreciation schedule as the property that has been thrown out is calculated and removed from the schedule. That way the owner doesn’t end up being subject to recapture tax for property that is now longer part of the building. It’s a 2 for 1 tax benefit. The vast majority miss this from what I can see.
Property managers, as trusted advisors to property owners, can play a crucial role in identifying opportunities for tax savings through cost segregation and PAD. By proactively engaging in conversations with their clients about these strategies, property managers can help owners maximize their tax benefits and enhance the overall profitability of their investments.
Many property managers across the country are part of our referral partner program where they can earn a referral for each study that we do for their clients. If you’d like to learn more, please reach out to me and I’d be happy to discuss. — John Murphy 864-276-1448
If you own commercial real estate in the Charlotte, NC metro and if you haven’t done a cost segregation study for tax savings, please feel free to reach out and give me a call. I’m based out of Greenville, SC just 90 minutes away. I can work anywhere in the U.S.
Recently we studied this new construction building that is Aspen Dental and Clear Choice Dental Implant Center. These kinds of retail buildings perform very well with cost segregation because they are often built out quite nicely with internal finishes many of which are considered 5 year class life. Also since this was a new developed parcel, given the requirements for parking, the 15 year class life property also is typically quite large and benefits the owners.
As I write this, Congress has not yet officially passed the bill that would allow bonus depreciation to go back to 100%. As things stand today, any properties placed into service in 2023 get 80% bonus depreciation and those placed in-service in 2024 get 60% bonus. That means for all class life property identified as 20 years or less, the owners can take 60% of that cost as a depreciation expense.
John Murphy, CSSI, LLC 864-276-1448 / john.murphy@costsegregationservices.com
I get asked to come in and present to commercial real estate brokers, financial advisory firms, CPA firms and occasionally a college might ask me to speak to their accounting students. The the folks who are consistently really interested in learning more about cost segregation are the CRE brokers…as well they should.
This is not only easy money but it’s a great value-add service that you can tell your clients about which in turn might lead to another deal. How so? Let’s say you help a buyer purchase a new building. As part of your due diligence, you get an estimate for cost segregation. It’s likely the owner is not familiar with cost segregation. You might end up saving that owner $30, $50, $100k+ on his/her taxes. It might even be enough that they want to buy another building with you. You can earn a referral fee on business you send our way. Of course it’s nowhere near what you earn with real estate commissions but it all helps at the end of the day. Telling your clients about cost segregation and getting them an estimate is a win-win-win for everybody.
I recorded a presentation that I recently used to help educate many commercial real estate brokers. It’s not meant to be an in-depth study of cost segregation but hopefully provides enough of an overview to help you understand the power of cost segregation and why you should have a trusted source to help you and your clients maximize their building’s cash flow while minimizing the taxes for the owner.
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