Depreciation, Cost Segregation and Bonus Depreciation
The reason a syndication can send you money and report a loss in the same year, and the reason the tax benefit slide almost never mentions what happens at the exit.
Depreciation is why a syndication can distribute cash to you and report a loss on your Schedule K-1 in the same year. It is the most discussed tax feature of this asset class and the one described most incompletely in marketing materials.
The basic mechanism¶
The tax code allows the cost of an income-producing building — not the land — to be recovered over a fixed period through annual deductions. Residential rental property and nonresidential real property have different recovery periods, both measured in decades, and both are set out in section 168 of the code and in the IRS publications linked below.
The deduction requires no cash outlay. A property collecting rent and paying its expenses can therefore produce positive cash and negative taxable income at the same time, and both figures are accurate.
Whether that loss does anything for you is a separate question governed by the passive activity rules, and the answer for most W-2 investors is that it does not, immediately.
Cost segregation¶
The building as a whole depreciates over its statutory life. But a building is not one thing: it contains carpet, appliances, cabinetry, specialized electrical, landscaping and site improvements, and the code assigns shorter recovery periods to several of these categories.
A cost segregation study is an engineering analysis that allocates the purchase price among those components, so the shorter-lived portions are depreciated over their own periods rather than over the building's.
The effect is to move deductions forward. The total recoverable cost is unchanged.
Bonus depreciation, and why no percentage is quoted here¶
Section 168(k) allows an immediate deduction for a percentage of the cost of qualifying property with a short recovery period, placed in service during the year. Applied to the components a cost segregation study identifies, it concentrates deductions into year one.
The applicable percentage has been changed by legislation more than once, including a scheduled phase-down and subsequent legislative changes. This site does not publish a current figure, because a number stated here would go stale and because the correct source is the statute and the IRS publications as they stand when you are reading.
What that means practically: a projection showing a first-year tax benefit is showing arithmetic performed under the rules the model's author believed applied on the day they built it. That assumption is worth confirming.
What the tax benefit slide leaves out¶
Three things, and the third is the largest.
The loss may not be usable now. A passive investor's rental loss is generally deductible only against passive income and is otherwise suspended and carried forward. See passive activity loss rules.
Basis limits the deduction. Losses are deductible only to the extent of your basis in the partnership interest. Your share of partnership liabilities increases that basis, which is why the liabilities line on the K-1 matters.
Recapture at sale. This is the omission that matters. Depreciation reduces your basis in the asset, so it increases the gain when the property is sold. The portion of that gain attributable to depreciation is taxed under separate rules — at a higher rate than long-term capital gain for real property, and as ordinary income for the personal property components that cost segregation created.
Who pays for the study, and when it is done¶
A cost segregation study is a professional engagement with a real cost, and that cost is generally borne by the partnership — which is to say, by the investors.
Two practical questions follow. When is it performed? A study completed in the year the property is placed in service produces the acceleration in that year; one deferred to a later year produces it later, and the deduction is allocated to whoever held the interest then.
Who performs it? An engineering-based study by a specialist firm is a different document from a rule-of-thumb allocation, and the distinction matters if the allocation is ever examined. The IRS publishes an audit techniques guide describing what a defensible study contains, linked below.
The one thing worth asking the sponsor¶
Whether a cost segregation study is planned, who is performing it, and when the resulting deduction is expected to be allocated. A study's cost comes out of the deal, and its benefit is allocated to partners who held the interest in the relevant year — which matters if the deal is still raising capital when the study is done.
Everything about what the deduction is worth to you belongs with a tax professional licensed where you file. This article describes how the mechanism works; it does not tell anyone what to do about it.
Primary sources
Every factual claim above is traceable to a filing, a rule or an agency publication. These are the ones this article relies on.
- IRS, Publication 946 on how to depreciate propertyirs.gov
- IRS, Publication 527 on residential rental propertyirs.gov
- IRS, About Form 3115, Application for Change in Accounting Methodirs.gov
- Legal Information Institute, 26 US Code 168 on the accelerated cost recovery systemlaw.cornell.edu
- IRS, Partner's Instructions for Schedule K-1 (Form 1065)irs.gov
Questions readers ask
What is depreciation in a real estate syndication?
A deduction recovering the cost of the building over a period set by the tax code. Because it requires no cash outlay, it reduces taxable income without reducing distributions, which is why a deal can pay you and report a loss.
What is a cost segregation study?
An engineering analysis that separates a property's cost into components with recovery periods shorter than the building's own, so a larger deduction is taken in early years.
Does cost segregation reduce my total tax?
It changes when deductions are taken rather than how many there are, and it increases the amount subject to recapture at sale. Whether the acceleration is worth it depends on facts specific to you, which is a question for your own adviser.
What is bonus depreciation?
A provision allowing an immediate deduction for a percentage of qualifying shorter-lived property in the year it is placed in service. The applicable percentage has been changed by legislation more than once, so any figure in a projection is only as current as the projection.
What is depreciation recapture?
Tax due at sale on the portion of gain attributable to depreciation previously deducted. It is taxed under rules separate from long-term capital gain, and accelerating deductions accelerates and enlarges it.
Read next
- TaxThe Schedule K-1 a Syndication Sends You, Box by BoxThe form reports your allocated share of the partnership's income, deductions and capital. It will not match the cash you received, and it is not supposed to.
- TaxPassive Activity Loss Rules: Why Your Losses May Be SuspendedThe rule that decides whether a syndication's first-year paper loss reduces your tax bill. For most W-2 investors, the answer is not this year.
- TaxReal Estate Professional Status: Why Most W-2 Investors Do Not QualifyTwo hour tests plus material participation. The first test is the one full-time employment elsewhere makes almost impossible, and it is glossed over.