Minimizing Depreciation Recapture: A Guide for Real Estate Investors

Cost segregation is a powerful tool for real estate investors to generate significant tax savings when properly utilized and planned. However, one issue that often goes unnoticed is the impact of depreciation recapture taxes from cost seg studies. 

What is Depreciation Recapture?

Depreciation recapture is a tax provision designed to prevent taxpayers from receiving a "double benefit" on depreciable assets by taking depreciation deductions at ordinary tax rates and then paying lower capital gains taxes when selling the asset. Depreciation recapture is triggered when a business asset is sold at a gain.

There are three types of depreciation recapture:

• Section 1245 Recapture
• Applies to personal property like machinery, office equipment, carpeting, and other assets typically classified with a 5- or 7-year lifespan.
• Taxed at the taxpayer’s marginal tax rate (up to 37%), limited to the amount of depreciation previously claimed, including bonus depreciation and Section 179 expensing.

• Section 1250 Recapture
• Applies to real property where depreciation was claimed using methods more accelerated than straight-line depreciation.
• Common examples include 15-year land improvements categorized in a cost segregation study. Assets like Qualified Improvement
• Property (QIP) and land improvements eligible for bonus depreciation can significantly increase Section 1250 recapture upon sale.

• Unrecaptured Section 1250 Gain
• Refers to gains on depreciable real property (e.g., buildings or structures) depreciated using the straight-line method.
• Taxed at a maximum rate of 25%.

Why complete a cost segregation study if it must be paid back?

A properly planned cost segregation study offers long-term financial benefits that typically outweigh depreciation recapture taxes. Since cost segregation relies on the time value of money, investors can reinvest tax savings to achieve a higher return on investment (ROI).

To maximize benefits, investors are generally advised to hold properties for at least 3-5 years. This holding period ensures that the savings from reinvestment and tax deferral outweigh the recapture taxes due at the time of sale.

Strategies to Minimize Depreciation Recapture Taxes?

Sales Price Allocation

• Allocate the fair market value (FMV) of each asset class when selling a property.
• Depreciable personal property like blinds, equipment, or carpeting may have minimal value at the time of sale due to obsolescence. Allocating more of the sales price to real property (Sec. 1250 assets) can reduce recapture taxes.
• Note: Consult a tax professional, as certain Sec. 1250 assets (e.g., QIP or land improvements) with bonus depreciation can complicate this strategy.

Utilize a Sec. 1031 Like-Kind Exchange

• A 1031 exchange allows investors to defer capital gains and depreciation recapture taxes by reinvesting proceeds from the sale into a similar replacement property.
• This strategy is ideal for investors planning to grow their portfolio or hold properties indefinitely.
• Caution: 1031 exchanges involve strict timelines and rules, so professional guidance is essential.

Leverage Partial Dispositions

• Under repair regulations, property owners can dispose of components removed from a property or no longer in service.
• Any remaining basis on these assets can be claimed as a loss on Form 4797, effectively avoiding recapture tax on those items.
• Tip: Work with a cost segregation expert to identify eligible assets and ensure accurate reporting as timing is important for leveraging this strategy.

Conclusion

Cost segregation can be a game-changing strategy for real estate investors, enabling significant tax savings and increased cash flow. However, the potential impact of depreciation recapture requires careful planning.

By working with experienced tax professionals and leveraging strategies such as sales price allocation, 1031 exchanges, and partial dispositions, investors can minimize tax liabilities and maximize the benefits of cost segregation.

For long-term success, focus on comprehensive tax planning with trusted advisors who specialize in real estate and depreciation recapture.