Frequently Asked Questions

Browse answers about cost segregation, real estate tax strategies, and depreciation.
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When I recapture the depreciation, should I separately recapture the cost seg as 1245 or take the position the county still has it listed as real property and recapture as 1250?

You take the federal position regardless of what the county has on file. Federal depreciation recapture follows the federal tax classification of the asset, not how the local assessor labels it for property tax purposes. If your cost segregation study identified components as 1245 property, those get recaptured as 1245 personal property on sale, and the building components stay 1250, no matter what the county's records say. The two systems serve different purposes and don't need to match.

How is the bonus depreciation later recaptured for properties that are converted to personal use?
Depreciation and Bonus Depreciation Rules

Converting a rental or business property to personal use doesn't itself trigger bonus depreciation recapture. In the year you convert, you simply stop depreciating the property, and no gain, loss, or recapture is reported just for the conversion. Later, when you sell, the bonus (and other depreciation) you claimed earlier reduces your basis, so more of the sale price becomes taxable gain.


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For personal property components (like furniture and fixtures), that depreciation is generally recaptured as ordinary income under Section 1245. For the building and qualifying land improvements, bonus counts as accelerated depreciation, so the excess over straight line depreciation is recaptured as ordinary income under Section 1250, and any remaining gain is taxed as unrecaptured Section 1250 gain at up to 25%. The period the property was held for personal use in between doesn't prevent this recapture, it all happens at the time of sale if there's gain.

Are Jersey shore vacation rental (seasonal weekly rental) 39 yr property? I've always have done it as 27.5 yr.
Property and Asset Class Guidelines

It depends on the facts, specifically how long guests typically stay. Many STRs are treated as residential rental property (27.5 years) when they meet the definition of a dwelling unit used for rental; however, if most stays are under 30 days, the property is treated as nonresidential (39 years) instead. The correct life requires reviewing your actual rental/booking history with your CPA.

How does one breakdown the real estate into 15 years, 5 years, 5-7years?
General Cost Segregation Questions

In cost segregation, components are typically reclassified from 27.5/39-year real property into shorter-life buckets: 5-year (personal property, e.g., certain removable finishes/equipment), 7-year (some personal property categories depending on use/class life), and 15-year (land improvements, e.g., parking lots, sidewalks, landscaping/irrigation, site lighting, fencing). The exact breakdown depends on the engineering analysis and asset details.

Is your firm nationwide, and can I promote this nationwide from my accounting business?
Partners

Yes, here's the partners page with details: https://www.recostseg.com/partners

How do you avoid depreciation recapture when you sell and don't do a 1031 exchange?
Depreciation and Bonus Depreciation Rules

Depreciation recapture rules are complex and depend on the type of property, holding period, and transaction structure. Here's a detailed explainer: https://www.recostseg.com/post/depreciation-recapture-explained

What does not qualify for cost segregation (e.g., an escalator)?
General Cost Segregation Questions

In general, core structural components (e.g., foundations, structural framing, load-bearing walls, roofs, etc.) are typically not eligible to be reclassified into shorter-life personal property categories. Asset-specific classification can vary based on facts and engineering/tax analysis.

Please describe IRS scrutiny of cost segregation studies.
Engineering Methodology and IRS Standards

Here's a detailed explanation of audit/scrutiny considerations and best practices: https://www.recostseg.com/post/irs-audit-cost-segregation