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Tax court decisions, which have changed the way companies treat improvements to tangible property, are generating significant tax benefits for many business owners.
To put it simply, the IRS has placed new regulations on what you can expense and what you should capitalize. For example, recent cases have allowed companies to expense substantial roof repairs or replacements upwards of $500,000 that would have previously been capitalized.
The determining factor lies in the reason for certain repair costs rather than the amount spent on those repairs. It also takes into consideration what makes up a unit of property. The new regulations are complex. ETS professionals are proficient at evaluating these rules and applying them to your tangible property and repair and maintenance items to provide a “clean start.” You benefit by gaining a significant increase in cash flow.
Through a thorough analysis of your expenses for repairs and maintenance, ETS can help you reduce your tax liability and improve cash flow by properly reclassifying these expenditures.
First, we will identify which asset costs are not properly classified, then reclassify them as deductible repairs as defined by IRS Code Sections 162 and 263. Deductible repairs may include “incidental repairs” that help to maintain an efficient operating condition but do not necessarily prolong its life, add material value or adapt the property for new or different use. Expenses incurred or paid for incidental repairs and maintenance are not considered as capital expenditures and may be reclassified to accelerate deductions in the current year.
At ETS we also provide disposition or abandonment studies to identify old building components that were not removed from a taxpayer’s books when they were retired. IRS regulations (T- Regs) provide detailed guidance on how to dispose of these assets and encourage taxpayers to take these additional write-offs annually as they improve tangible property. Without an engineering-based cost segregation study, this is difficult to do. So the application of our engineering studies has become more beneficial than ever! Give us a call for a free no-risk benefit analysis.
If you perform regular maintenance and repairs to your assets, you may be able to recapture thousands of dollars by reclassifying improperly classified capital expenses as deductible costs to accelerate depreciation. Through IRC Section 481(a), routine and incidental repairs, as well as maintenance costs, may be adjusted to reduce taxable income in the current tax year and increase any net operating loss (NOL) for a potential carry-back up to five years.
Capital expenditures include those for building improvements or other long-term betterments, new equipment, architectural fees—even the cost of defending or perfecting your title to the property. Generally, a capital expenditure either adds an asset or increases the value of an existing one. Whether it’s a deductible repair or a capital improvement often depends on the context. For example, if an item of expenditure is part of a general plan of rehabilitation, modernization or renovation to equipment or other business property, it usually must be capitalized even though by itself it would be currently deductible.
According to IRS Code, you must capitalize expenses that:
On the other hand, you are allowed to deduct fees and expenses related to routine repairs and maintenance that help maintain the property in efficient operating condition. You can deduct the cost of parts and labor to repair or maintain your business assets, provided that this expense does not increase the value of the asset or prolong the useful life of the asset.
Tangible Property Repair Regulation: Examples of Potential Savings Opportunities (assuming a 35% tax rate)
A variety of industries may benefit from these rules, including those in the banking, retail, hospitality, manufacturing, pharmaceutical, warehouse, distribution and utility industries — to name a few. The rules may apply to most capital-intensive companies that invest significant dollars in routine and incidental repairs and maintenance expenses.
|Mis-Capitalized R&M Expenditures||$3,134,215|
|Tangible Property Regs for Year 1||$696,267|
Recently Julio Gonzalez, Founder and CEO of Engineered Tax Services, wrote a comprehensive two-part series of articles about the art of the real estate tax
Since this is National Small Business Week (September 12 to September 18), we’d like to mention the fact that our CEO and founder, Julio Gonzalez, established