©2014 tax savings. delivered. cost segregation - tpr implementation the implementation of the...
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©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
The Implementation of theTangible Property Regulations
Cost Segregation Services, Inc. Copyright © 2014
The Role of Cost Segregation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
When was the last time you didsomething for the 1st time?
Research
Contact Trusted Advisor
Experienced Advisor
AnalysisRecommend
Implementation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
TPR Implementation Cycle
CSSIResource
Guide Friend Trusted Advisor
Cost Segregation Professional
Advisor
Preliminary Analysis
Recommend Process
Implementation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Bio
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize or Expense?Welcome to the Tangible Property Regs
General framework for distinguishing
Capital Expenditures from:• Supplies• Repairs• Maintenance
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize or Expense?Welcome to the Tangible Property Regs
• 10 yrs. 300+ Pages
• Acquire, Produce, Improve Tangible Property
• Not Many Bright Lines
• Lots of Examples
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
You Need to: Make Your Clients Aware… Before it’s TOO LATE
• Advantage to write off Late Partial Dispositions.
• “Use It or Lose it” Deadlines in tax year 2014?
• Need a Capitalization Policy for tangible property less than $500 per invoice by … January 1, 2014
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Today’s AgendaActions to Take
• Overview of the Regulations- Resource Documents.
• Greatest Impact to Tax Professionals.
• How to: Applying Partial Disposition.
• Cost Segregation and how it helps in applying TPR.
• Improvement Standards Basics for UOP.
• Safe Harbors for your clients.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
ResearchHow to Implement the TPRs
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Request These Resource Docs
CCH - Executive SummariesAICPA 6 Page Bullet Summary
Index of Examples in Fed RegisterQuestions and Answers
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
AICPA Resources: Summary ChartWritten Policy Template - Webcast
• This is the most concise summary of the regulations in the industry. Six pages in bullet form. You will want to print this and keep it as a document to refer to when reading other articles.
• If you only look at one, this is the one to look at. “5 Stars” *****
Quick Summary Chart of Final TPR
• Great Overview of the TPR that discusses the difficulties of implementation.• Circular 230 Implications for Tax Professionals - discusses compliance risks.
Implementing the new TPR – Journal of
Accountancy
• OMG! You just found out that your client needs a Capitalization Policy in Place starting January 1 to be eligible for the De minimis Rule Safe Harbor.
• This document is priceless if your client does not have this in place already. Look under “Sample Written Book Capitalization Policy”. 5 stars*****
Written Policy Template from AICPA
• AICPA Webcast • A two hour presentation that provides insight on the new rules• Aired Oct. 23, 2013• Webinar at “Final Repair Regulations Dissected” Link
Final Repair Regulations Dissected
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Journal of AccountancyImplementing the New Tangible Property Regulations
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Journal of AccountancyImplementing the New Tangible Property Regulations
• “These rules will affect every TP that uses Tangible Property in its business…”
• “The rules are all-encompassing and complex…”
• “TP may need to devise new collection procedures to capture the necessary data to implement these regulations.”
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Journal of AccountancyImplementing the New Tangible Property Regulations
• “Circular 230 may present challenges to practitioners in signing tax returns of clients that have not implemented the final regulations.”
• “Due to the challenges of the regulations, waiting to address these issues until completing the 2014 tax return is ill-advised.”
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Tangible Property RegulationsResource Guidance on Deductions & Capitalization
Table of Contents
Materials and Supplies Examples
De minimis Rule Safe Harbor Examples
Routine Maintenance Safe Harbor Examples
Small Taxpayer Safe Harbor Examples
Betterment Examples
Adaptation Examples
Restoration Examples
Tangible Property RegulationsResource Guidance on Deductions & Capitalization
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Tangible Property RegulationsResource Guidance on Deductions & Capitalization
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Tangible Property RegulationsGeneral Framework
Materials and Supplies
Cost to Acquire Tangible Property
Cost to Improve Tangible Property
Dispositions
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsBenefit to your Client
Section 168• Includes:– Sale or Exchange– Retirement– Physical Abandonment– Destruction– Transfer to supplies or scrap– Involuntary conversion– Retirement of a structural component
of (or improvement to) a building.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsBenefit to your Client
Ability to write off assets that are no longer in use with Partial Disposition Election• Renovations• Remodels • Replacements• Abandoned in Place• Common Items – Roofs, HVAC, Electrical
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsCatch Up Provision
• Know the Value of what went into the Dumpster.
• Relative to the value that your client paid for the building.
• Disposed of as a Partial Disposition.
• Write down to the basis of the property in year 2014.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsBenefit to your Client
Partial Disposition Election 1.168(i)-8(d)(2)
• PAST YEARS: Requires Change in Accounting Method Form 3115 and 481(a) adjustment to “catch up” (196).
• CURRENT & FUTURE YEARS: The election is made in the taxable year that the disposition occurs starting in 2014 and for new properties purchased.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Dispositions
Example: A business owner buys 20 year old building and replaces the Roof after 5 years of ownership.
Old Regs: 5 years 39 years
Cost of Roof Hidden in Building Asset Basis
Roof 2 added asset
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Dispositions
Example: A business owner buys 20 year old building and replaces the Roof after 5 years of ownership.
New Regs: 5 years 39 years
Original Building Asset
New Roof Asset
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Dispositions
Example: • $1.5 m Nursing Home with
major renovations
• $91k in assets removed = Asset Valuation Study
• $31k in cash flow
• Basis Write Down
• Tax Savings at Sale 5 yr. property (35-41%) recaptured at Capital Gains Rate (20%)
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsRole of Cost Segregation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsRole of Cost Segregation
Example: • Asset Valuation - $53k• Cost Segregation on
Renovation - $126k
Year of “Opt In” Matters• 2013, 2014 Get Both• 2015 No Past Disposition:
Lose $53K
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Dispositions Tax Professionals Ask
#1 QuestionHow do I get “The Number”?
IRS says to use:• Reasonable Method• Cost Segregation is a Certain Method
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsReasonable Methods
Discounting the cost of the replacement asset to its placed-in-service year cost using the Consumer Price Index.
Appropriate for small projects, new equipment. Pro rata Allocation.
Both Methods need a valuation of the Unit of Property affected.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsReasonable Methods
A Study allocating the cost of the asset to its individual components. This provides the proper valuation of the affected building assets.
“Cost Segregation is a certain method.”
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsCost Segregation Method
• Labor to Remove Materials• Disposal Fees• Identify Items Removed• Quantify Items• Value Items• Determine the remaining basis• Write Down of Basis is a
permanent tax reduction at the time of sale.
• Personal Property Sec 1245 35-40%• Real Property Section 1250 25%• Capital Gains 20%
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsCost Segregation Method
• Building Plans – Cost Detail Review
• IRS accepted Cost Allocation Methods
• Defined Engineering-based Methodology
• The Study: Report Form meets IRS Report Criteria
• Defendable
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
DispositionsAsset Valuation Study
Works for all applications: • Large Renovations
• Complicated Remodels
• Retired Components and Partial Disposition
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Solution:It’s the Process
• Find all clients with depreciation on building assets.
• Qualify clients with estimated Disposition and Cost Segregation economic needs.
• Get an Engineering-based Study that meets the IRS’s guideline.
• Apply the Change in Accounting Method Form 3115 & 481(a) with study results to the client’s return.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
CPA Implementation Process
PartneringQualification
& Analysis
Client Contact
& Proposal
Execution
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost Segregation & Asset Valuations Expected Results of the CSSI Process
Ease of ComplianceCPA: 1-2 hrs per client
Timely completion
Client Satisfaction100%: Grateful for effort to save taxes
Additional Revenue
$1,000-$3,000 per client
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Recommendations: Take Action List
• Action Plan for Late Partial Disposition studies for 2014 tax year deadline.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
The process of analyzing and identifying commercial building components that are eligible for accelerated depreciation providing a significant tax benefit for the taxpayer.
Personal Property is Segregated from Real Property
$50k to $80k per $1 Million in CostWorks on $250k buildings
What is Cost Segregation?
Explaining Cost Segregation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Explaining Cost Segregation
What is a Big Mac?
Straight-Line• Hamburger
Cost Segregation• 2 All Beef Patties• Special Sauce• Lettuce • Cheese• Pickles• Onions on a • Sesame Seed Bun
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Explaining Cost Segregation
Straight-Line
• Looks at the building as a Whole
• Structural Building Components
• Depreciated over 39yrs (27.5yrs)
• Real Property Only
Cost Segregation
• Identifies Parts and Pieces of the building
• Non-Structural Building Components
• Depreciated over 5, 7 & 15 years
• Personal Property & Real Property
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Explaining Cost SegregationUpgrade your Depreciation Strategy
Straight Line Cost Segregation
in HD
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Explaining Cost Segregation
5 & 7 Year Property Decorative building elements, wallpaper Specialty electrical, plumbing, mechanical Carpet, flooring, crown moldings, Built In cabinets, counter tops, millwork Security, special lighting, window treatments Communications, cable Kitchen fixtures, refrigeration equipment
15 Year Property Landscaping, paving, fencing, site utilities, parking
lot, signage, sidewalks, sprinklers, walkways
15 Year Property
5 & 7 YearProperty
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Explaining Cost Segregation
• An Engineering-Based Study of the building for tax purposes.
• Produce a Report that the Tax Professional submits with the return.
• Automatically accepted by IRS.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Explaining Cost Segregation
Current Buildings Acquired after 1986
New Construction
New Acquisitions
Renovations / Leasehold Improvements
The Applications
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Explaining Cost Segregation Types of Commercial Buildings
• Apartment Complex, Condominium• Auto Dealership• Shopping Mall, Strip Center• Restaurant• Hotel/Motel• Medical/Dental/Veterinary Facilities/Surgical• Nursing Homes/Assisted Living• Office Buildings, Banks• Retail Chains/Franchises/Leasehold Space• Self Storage, Mini Warehouses• Supermarkets, Furniture Stores Etc…
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Information NeededTo Run Preliminary Analysis
• Depreciation Schedule is best
• What type of Building?• What did they pay for the building? (without the land)
• When did they purchase it?• Have there been any major renovations or
remodels?
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost SegregationProcess of Application
• Gather Documents for Engineers
• Completed in 4-6 weeks
• CPA will apply to return
• No need to Amend Past Tax Years
• Benefits start in next Quarter
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost Segregation vs.Straight-Line Depreciation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost Segregation vs.Straight-Line Depreciation
Eighth Wonder of the World
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost Segregation vs.Straight-Line Depreciation
Eighth Wonder of the World
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost Segregation vs.Straight-Line Depreciation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Financial Results of Cost Segregation
Dental OfficeBuilding Cost $ 250,176(with-out land)
Tax Savings Benefit: $32,845
Study Fee Before Tax: $2,420Study Fee After Tax: $1,549
ROI: 21:1
Project #9501
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Financial Results of Cost Segregation
Building Cost $324,000(with-out land)
Tax Savings Benefit: $52,856
Study Fee Before Tax: $3,400Study Fee After Tax: $2,176
ROI: 24:1
Office Condo
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Financial Results of Cost Segregation
Office/Warehouse
Building Cost $5,246,908(with-out land)
Tax Savings Benefit: $312,687
Study Fee Before Tax: $14,900Study Fee After Tax: $9,536
ROI: 33:1
Project # 9503
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Recommendations: Take Action List
• Late Partial Disposition study for 2014 tax year deadline.
• Cost Segregation Preliminary Analysis.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Tangible Property RegulationsOpportunity & Issues
Scope Limitations: Temp and Final Allows for multiple 3115
Final Tangible RegulationsAutomatic Enrollment
2014 Final only
Correct Past Capitalization –Expense Issues / Disposition
Late Partial Disposition 2014 2014,Future: Automatic
Partial Disposition is an Annual ElectionIn the tax year item removed…Allows for duplicate assets in depreciation if no disposition taken
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Request These Resource Docs
CCH - Executive SummariesAICPA 6 Page Bullet Summary
Index of Examples in Fed RegisterQuestions and Answers
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Safe Harbor Issues
• De minimis Rule Safe Harbor Expenses (Action: Policy in place 1/1/14)
• Routine Maintenance Safe Harbor Expenses and Building Expenses
• Small Tax Payer Safe Harbor Expenses for Buildings
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Safe Harbors
De minimis Safe Harbor (Acquire or Produce) • Allows expensing of amounts paid to acquire or produce a
unit of real or personal property, including qualified materials and supplies.
• Calculated on an Invoice or Item level.
• Elected annually by including a statement with the taxpayer’s tax return for the year elected.
• Having an Applicable Financial Statement (AFS) makes a big difference on the limits that can be expensed.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Acquire Tangible PropertyDe minimis Safe Harbor
• With AFS - $5,000 per invoice (or per item as substantiated by invoice)
• Written policy in place at beginning of year.• Policy to expense for amounts under a certain dollar amount or property
with an economic useful life of 12 months or less.• Treats the amounts as expenses on the AFS as well.
• Without AFS: - $500 per invoice (or per item as substantiated by invoice)
• Policy in place at beginning of year (written policy not required) for amounts under certain dollar amounts or property with an economic useful life of 12 months or less.
**Action Item: $5000 with AFS - Must have written expensing policies in place at the beginning of the tax year.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
AICPACapitalization Policy
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Tax Savings. Delivered. Cost Segregation - TPR Implementation
Materials and Supplies
• UOP with a useful life of < or = 12 months;• Fuel, lubricants, water, & similar items expected to be
consumed < or =12 months from beginning of use;• Costing $200 or less (up from $100 in temp regs).
Defined as tangible property used in taxpayer's business that is not inventory andA component acquired to maintain, repair, or improve a UOP that is not acquired as part of any single UOP.Reg Sec 1.162.-3Requires a Form 3115
You are now allowed to write off an individual supply if:
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Recommendations: Take Action List
• Late Partial Disposition study for 2014 tax year deadline.
• Cost Segregation Preliminary Analysis.
• Capitalization Policy in Place – AICPA Template.• De minimis Safe Harbor or Materials and Supplies.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible PropertyRoutine Maintenance Safe Harbor Expenses
Buildings
• Deductible if you reasonably expect (at time UOP is placed in service) to perform more than once during the 10 year period from when the building system was placed in service.
• Safe Harbor does not apply to Betterments, Adaptations, or some Restorations (see Reg. § 1.263(a)-3(i)(3)).
• Consider-recurring nature of activity, industry practice, manufacturer’s recommendations, and TP’s business needs.
• Requires submission of Form 3115 to adopt.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible PropertySmall Taxpayer Safe Harbor for Buildings
If your building has a cost basis of $1M or less, & less than $10M avg. annual income, a special rule applies:
• Can elect “not to apply” improvement rules to eligible buildings if the annual amount spent is less than $10,000 or 2% of unadjusted basis on a building-by- building basis.
• May be written off as repairs.• Example: $300k building = $6,000 limit• If limit is exceeded, does not apply to any amounts
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Recommendations: Take Action List
• Late Partial Disposition study for 2014 tax year deadline.
• Cost Segregation Preliminary Analysis. • Capitalization Policy in Place – AICPA Template.• De minimis Safe Harbor or Materials and Supplies.
• Routine Maintenance Safe Harbor Form 3115.• Small Taxpayer Safe Harbor Annual Election.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Recommendations: Take Action List
• Rules of the Game have changed.• The Game has already started.• You need to know the rules to take advantage of the rules or minimize
the negative impact of the rules.• De minimis Rule $500/item deductible• You need to teach your client the rules. Dear Client letter.• Client should start tracking expenses differently.• Make your client aware of how difficult.• Multiple building sites – Multiple UOP.• 3115’s and 481(a) adjustment resources.• Summer Project• Shoe Box Client
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible PropertyImprovement Standards
Improvement Standards
• Deductible Repair • Capitalized Improvement
BAR TEST
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible PropertyImprovement Standards
Capitalize Improvements
BettermentsAdaptations Restorations
BAR TEST
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible PropertyImprovement Standards
Capitalize…Amounts paid for new building or improvements 1.263(a)-3.
- that increase value of property
- bring property to new or different use
- return of original condition
Expense... Amounts paid for incidental repairs and maintenance of property 1.263 (a)-1.
- keeps in ordinary operating conditionRefresh
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
A Betterment is an expenditure that -• Corrects a Material Defect existing prior to the taxpayer’s acquisition
of the UOP or one that arose during the production of the UOP at acquisition or production;
• Is a Material Addition ( physical enlargement, expansion or extension) to the UOP;
• Is a Material Increase in capacity, strength, productivity, efficiency, quality, or output of the UOP.
Betterment-1.263 (a)-3(h)
Cost to Improve Tangible Property
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Lessee Improvements:• A lessee improvement constitutes a separate Unit of
Property from the leased property being improved, and must be capitalized.
• The new property interest is separate and identifiable from the lessor’s interest in the underlying property.
Cost to Improve Tangible Property
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
• Must compare the condition of the property after the expenditure to the condition prior to the circumstances that necessitated the expenditure.
• Final regs specify the comparison rule only applies to wear, tear and damage that occurs during the use of the property.
• Compare to condition after last expense or original service date.
Cost to Improve Tangible Property
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
• No bright line tests for material increase and additions.
• Material Increase Reg Example 21 • 50% reduction in energy and power cost from new insulation.
• Not a Material Increase Reg Example 20 • Indicates 10% efficiency and 20% additional capacity from changing 2
of 10 roof mounted HVAC units
Cost to Improve Tangible Property
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Adapting to New or Different UseChange not consistent: • With the taxpayer’s intended use • With the Unit of Property at the time originally placed in
service. (based on facts and circumstances)o Example: Drug Store to Walk in Medical Clinic.o Example: Hospital changes to Outpatient Surgery
Cost to Improve Tangible Property
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Cost to Improve Tangible Property
• Returns the UOP to its ordinarily efficient operating condition if the property has deteriorated to a state of disrepair and no longer functional.
• Results in rebuilding the property to like-new condition after the end of its class life.
• Is for the replacement of a part or combination of parts that comprise a major component or a substantial structural part of a UOP that perform a discreet and critical function.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Cost to Improve Tangible Property
Major Component – Parts that perform a discrete and critical function in operation of UOP.
Substantial Structural Part - A large portion of the physical structure of the UOP.
Must consider all facts and circumstances - both quantitative & qualitative.
Not just the cost, but the size, type, function etc.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Cost to Improve Tangible Property
“Not An Improvement” Examples in Regs• Roof Membrane Only (Reg Ex.15)
– Part vs. Whole Major Structural Component
• 100/300 Windows (25 % surface area)(Reg Ex.25)– Part vs. Whole Major Structural Component
• 3/10 Roof HVAC Units (Reg Ex.18) – 3 roof units vs. HVAC Building System
• 8/20 Sinks (Reg Ex.23)– 8 sinks vs. Plumbing Building System
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Cost to Improve Tangible Property
“Improvement” Examples in Regs• Entire Roof System (Reg Ex.14)
– Major Portion of Building Structural Component
• 200/300 Windows (Reg Ex.26)– Major Portion of Building Structural Component
• One Chiller in HVAC System (Reg Ex.17)– Major Component of HVAC Building System
• All Sinks (Reg Ex.22)– Major Portion of Plumbing Building System
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Cost to Improve Tangible Property
“Not a Restoration” 1 of 3 furnaces
30% of electrical wiring 10% of sq. ft. of flooring
“Restoration” Entire Sprinkler System
All Wiring in Building
40% of sq. ft. of flooring
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Capitalize
Cost to Improve Tangible Property
• Major Components – 40% or less “May Not” be a Restoration. (Ex.18,21,23,25)
– 66% or more “May” be a Restoration.
• Substantial Structural Parts – 25% Replacement “May Not” be a Restoration.(Ex. 30)
– 30% Replacement “May” be a Restoration. (Ex. 27) since it is a large portion of a structural part.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Expense
Cost to Improve Tangible Property
Refresh
Capitalization is not needed.
• Does not materially increase capacity, productivity, efficiency, strength, quality or output of the building’s structure.
• A refresh keeps the building structure and building systems in ordinary efficient operating condition that is necessary to continue to attract customers.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible PropertyUnit of Property - UOP
For Real and Personal Property (except buildings) • A Unit of Property is comprised of all components that are
functionally interdependent (i.e., the placing in service of one component is dependent on the placing in service of the other component).
For Buildings - Each Building is a UOP• Straight Line - Each Building is a UOP• Cost Segregation - Each Building’s 5,7,15 & 39 (27.5) yr. depreciable
lives property groups are UOPs
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible PropertyCapitalize or Expense?
Unit of Property – Buildings
Can I expense this invoice?
Betterment- Adaptation- Renovation?
What do I compare it to?
The Building?
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible Property
Improvement Standards – Buildings
Building Structural
Components
Building Systems
Compare Invoice to
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible Property
Improvement Standards – Buildings
Building Structural
Components*
• Roof• Windows• Exterior• Framing• Insulation• Doors• Foundation
Building & StructuralComponents,
HVAC Fire Protection Sys.Elevators/EscalatorsElectrical, Plumbing
Gas DistributionSecurity Sys.
Other
Building Systems
* - Discreet and Critical Function
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
HVAC
CompressorBlowerInstruments
Ducts/Vents
Cost to Improve Tangible Property
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible Property
Compare future Invoices to:• Building Systems valuation• Structural Components valuation• Major Components valuation
Cost of Items
HVAC %
Cost Segregation Expertise HD Study
Building Elements/Units of Property
Building Components $ 6.00
Cabinets / Millwork $ 20,085.41
Moldings $ 8,286.30
Wood Paneling $ 2,062.22
Flooring - Vinyl Tile $ 519.68
Flooring - Carpet $ 9,084.00
Window Treatments $ 187.90
Air Curtain $ 1,709.08
Building Signage $ 122.56
Specialty Electrical - Kitchen Equip. $ 15,216.78
Communication / Data $ 32,356.35
Specialty Plumbing - Cooler Equip. / Kitchen Sinks $ 10,181.63
Security / Exterior Lighting $ 9,827.88
FRP Wall Panels $ 1,003.24
Rear Entry Canopy $ 20,084.92
Interior Overhead Doors - Security $ 21,931.82
Slatwall / Pegboard Paneling $ 9,657.00
Surveillance System $ 4,375.25
Interior Wood Trellis Systems $ 6,046.21
Liner Panels $ 109,271.70
Paging System $ 1,688.23
Windmill $ 17,244.53
Exhaust Hood $ 11,258.61
Fire Extinguishers $ 1,833.25
Cooler $ 10,635.63
Movable Storage Units $ 30,431.69
Site Work / Improvements $ 5,464,546.00 Water Well $ 19,318.45
Site Drainage $ 48,990.57
Parking Lot $ 138,639.38
Exterior Signage Structure $ 17,790.84
Parking Lot Striping / Barriers $ 23,325.00
Sidewalks $ 711.12
Landscaping $ 68,635.17
Security Lighting Poles $ 6,374.77
Aggregate Base Paved Area $ 192,436.06
Exterior Fencing / Decking $ 31,986.93
Retaining Walls $ 16,024.07
Fabricated Steel - Bollards $ 2,926.12
Patio Concrete $ 10,848.65
Exterior Wood Trellis Systems $ 2,783.73
Gazebo $ 4,605.26
Building Structure $ 8.00 Structural Components $ 559,508.38 Roofing Systems $ 66,975.93 Foundations $ 234,535.89 HVAC $ 179,747.78 Electrical $ 242,472.40 Plumbing $ 68,844.81 Masonry $ 40,657.35 Doors & Windows $ 17,063.50 Insulation $ 43,168.87 Gas Distribution $ 4,989.84 Drywall $ 13,092.14 Painting $ 23,796.64 Fire Protection & Alarm $ 15,192.82 Gutters & Downspouts $ 12,335.58
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Cost to Improve Tangible Property
Buildings
Depreciation of UOP
Each Building is a Unit of Property
Or
Each Building’s Property by Class Life• 5 yr. Property• 7 yr. Property• 15 yr. Property• 39 (27.5) yr. Property
Improvement Standards
BAR Test
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Recommendations: Take Action List
• Late Partial Disposition study for 2014 tax year deadline.• Qualify Clients -Cost Segregation Preliminary Analysis. • Capitalization Policy in Place – AICPA Template.• De minimis Safe Harbor or Materials and Supplies.• Routine Maintenance Safe Harbor Form 3115.• Small Taxpayer Safe Harbor.
• Units of Properties Defined on Dep. Schedule• Track Expenses per Building and per Building Sys.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Annual Elections
• De minimis Safe Harbor and Safe Harbor for Small TP on Buildings. (statement required)
• Capitalize Repairs and Maintenance Expenses. (statement required)
• Capitalize and Depreciate any rotable, temp, or emergency spare parts.
• Partial Disposition of a portion of a Building requires annual election in the year of disposition (starts in 2014). “Use It or Lose It”.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Most Common3115s Change in Accounting Methods
• A change to apply late partial disposition on retired items.• A change to deducting as repairs and maintenance amounts
that were typically capitalized.• A change to deducting under the routine maintenance safe
harbor amounts that were typically capitalized.• A change to capitalizing and depreciating amounts typically
deducted as repairs and maintenance.• A change to deducting amounts paid for non-incidental
materials and supplies in the year they are used.• A change to deducting amounts paid for incidental materials
and supplies in the year paid or incurred.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Journal of Accountancy Article
“Clearly, the new repair regulations pose considerable compliance risks both for CPAs and the businesses they advise.”
Journal of Accountancy Feb 2014Implementing the New Tangible Property Regulations Christian Wood. J.D.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Solution:It’s the Process
• Find all clients with depreciation on building assets.
• Qualify clients with estimated Disposition and Cost Segregation economic needs.
• Get an Engineering-based Study that meets the IRS’s guideline.
• Apply the Change in Accounting Method Form 3115 & 481(a) with study results to the client’s return.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Recommendations: Take Action List
• Late Partial Disposition study for 2014 tax year deadline.• Cost Segregation Preliminary Analysis. • Capitalization Policy in Place – AICPA Template.• De minimis Safe Harbor or Materials and Supply.• Routine Maintenance Safe Harbor Form 3115.• Units of Properties Defined on Dep. Schedule.• Track Expenses per Building and per Building Sys.
• Book Conformity.• Dear Client Letter – Start selling difficulty.• Resources to file CAM Form 3115 & 481(a)• Partner with Cost Segregation Firm (CSSI)
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
CPA Implementation Process
PartneringQualification
& Analysis
Client Contact
& Proposal
Execution
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Use the CSSI ExperienceTax Savings. Delivered.
Performing Engineering-based Studies for over 13 years, National capability, 9,500 Studies completed across the U.S., always on-time.
Qualify the tax savings estimates within 48 hrs. for your client.
Full Engineering-based Studies completed in 4-8 weeks.
Perform Change in Accounting Method Form 3115 and 481(a) adjustments.
Use CSSI as your engineering-based service provider for your clients.
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
TPR Implementation Cycle
CSSIResource
Guide Friend Trusted Advisor
Cost Segregation Professional
Advisor
Preliminary Analysis
Recommend Process
Implementation
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Request These Resource Docs
CCH - Executive SummariesAICPA 6 Page Bullet Summary
Index of Examples in Fed RegisterQuestions and Answers
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Thank YouLooking forward to your call
Get Your Cheese Back America
©2014
Tax Savings. Delivered. Cost Segregation - TPR Implementation
Thank YouLooking forward to your call
Thank You
Your NameCost Segregation Services, Inc. (CSSI)
Phone NumberE-mail
David [email protected]
www.CostSegregationServices.com
Friends Don’t Let Friends …Overpay their Taxes