Cost Segregation Studies and Reports

Cost Segregation Studies and Reports

Bernard ReiszPro Member
CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes

Your input is valuable: How do you want your Cost Seg study prepared?

For context, let's cover some Cost Segregation fundamentals, and explain the interaction between Land Value and Cost Segregation:

Cost Segregation is the process of (a) segregating a "building" into its component parts and (b) allocating the lump-sum acquisition cost to those components. Hence the term, Cost Segregation Study.

Incredibly large tax deductions are created because many of those components are short-life assets, depreciable at a far faster rate than residential or commercial buildings that are depreciated over 27.5 and 39 years, respectively. And, ever since enactment of TCJA, much of that could be immediately depreciated as "Bonus Depreciation." (Bonus Depreciation is now gradually fading away.)

Question: How much of your total acquisition cost is the subject of a Cost Seg study? How much of the acquisition cost is part of the engineering allocation?

Answer: It is the total purchase price minus the portion of the purchase price that is properly allocable to the land, which is not depreciable.

While land allocation is not part of the Cost Seg engineering work, the final Cost Seg Report - that includes specific dollar cost allocations for components and a depreciation schedule - incorporates a land value allocation. A higher allocation to land results in less cost allocable to depreciable assets (i.e., lower tax deduction claimed). A lower land allocation results in more cost allocated to depreciable assets (i.e., higher tax deduction claimed).Of course, the IRS has a thing or two to say about how land allocation is properly determined. This is something that some of the great Real Estate CPAs of BP have posted about, in-depth. 

CPAs, EAs, Accountants, Real Estate Investors, Equity Raisers, Tax Professionals (or anybody that's got an opinion):

What default land allocation assumption would you like to see incorporated into Cost Segregation Reports, yours or your clients?

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Michael PlaksPro Member
Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
3y

Thanks for triggering one of my (many) pet peeves, @Bernard Reisz.

To answer your specific question - what fixed % do I, as a tax accountant, want to see assigned to land on cost seg reports? The answer is: none. Fixed % to land is plain wrong, as has been explained at length on many past BP threads, for example this one: https://www.biggerpockets.com/...

1. Why cost segregation?

Let's discuss the broader issue of what I do and do not want from a cost seg report. We'll start with the non-segregated depreciation example. An investor buys a $200k rental house. Using one of the allocation methods described on the thread I linked above, he determines that the land value is $40k. (Once again, a fixed 80/20 formula does not qualify as an acceptable method - see the linked thread.)

What the investor has now is $40k of non-depreciable land and $160k of a building depreciable over 27.5 years. Result: $6k depreciation deduction per year. Easy to understand and set up but not optimal. Hence the cost seg is brought in. 

Cost seg company surveys the property - or makes up the numbers, whatever they prefer ;) - and comes up with the following conclusions:

- there's $30k of 5-yr "personal property" in that house

- there's $10k of 7-yr "personal property" in that house

- there's $25k of 15-yr "land improvements" in that house

After the dust settles, the investor has an immediate $65k depreciation deduction and feels like Rihanna on Super Bowl stage. Unless his deductions are restricted, but it's a totally different topic, much discussed on this forum, for example here: https://www.biggerpockets.com/...

2. What the cost seg company wants to provide the investor

To generate the most love (and referrals) from the investor, the company wants to give the investor a complete depreciation schedule:

- $30k of 5-yr and 100% bonus

- $10k of 7-yr and 100% bonus

- $120k of 27.5 yr

- $25k of 15-yr and 100% bonus

- $15k non-depreciable 

Neat and impressive. Open the champagne.

3. Why the CPAs do NOT want this - first reason

No, not because the investor can now self-prepare his taxes on TurboTax. We're not worried. We can charge him more to fix his mess later anyway. :)

The main reason is the cursed land allocation. Formulas like 80/20 or 75/25 or 90/10 are convenient but wrong, as already mentioned above. Correct land allocation requires work. Who is going to do this work? Normally, the investor or his Realtor or his appraiser or his CPA. 

Can the cost seg company do it? They can, but it's not their job or their licensing. They would need to pull and analyze comps, and they are not going to bother. There're several cost seg representatives on this forum. Raise your hand if your company actually pulls comps and determines land allocation by analyzing these comps. Right, didn't think so.

All they will typically do is either apply the county assessment, which is often wrong and not beneficial to the investor - or apply the shortcut fixed % formula. Responsible CPAs will not accept these shortcuts.

To clarify: I'm not attacking cost segregation strategy or my friends who provide this excellent service. I'm simply stating that there're limits to what they do, and determining correct land allocation is outside their traditional services scope. 

4. Why the CPAs do NOT want this - second reason

Problems with land allocation do not stop here. We have land improvements to contend with.

In my example, I subtracted $25k land improvements from $40k land, leaving only $15k for the "true land." This is controversial, and some of my colleagues would be subtracting it from the $120k building part. 

It's even more controversial if land improvements were higher, say $35k. Then we're claiming merely $5k for land. Getting shaky here. And what if cost seg places $45k on land improvements? 

Question for my cost seg people - do you really want to wade into these murky waters and render a written opinion that can later be used against you? If I were you, I'd leave this mess for the CPAs to sort out.

5. Why the CPAs do NOT want this - third reason

You know what other number cost seg companies do not have? The full basis of the acquired property! What they have is the purchase price. But it's not tax basis!

Basis includes various closing costs and adjustments at closing. Can cost seg companies analyze the closing statements (aka HUDs) and calculate all these adjustments? In theory, yes. In practice, they do not do it. And if they do, most CPAs will have their own variations in how they process closing statements. We will want to recalculate your number anyway!

Now imagine that the cost seg company uses the exact same calculation as I would use, as unlikely as it is. Would I accept their number as basis then? No! Why? Because the basis also includes various capitalized costs that were incurred outside of closing! Both before and after closing. Tell me again, cost seg friends - exactly how are you going to calculate the full basis when you do not have this data? Are you going to request complete books from the investor and then clean them up and use for calculating tax basis of the acquisition? Hopefully you don't expect his books to be pristine, do you? 

At most what you have is a closing statement. So you can estimate the full basis, but you can never calculate it exactly.

6. Conclusion

The two players in this game, cost seg companies and CPAs, can produce only a portion of the complete result

Cost segregation companies can accurately determine the values of the 5-, 7- and 15-yr assets included in the property. They cannot determine the full basis of the property and should not venture into land allocation. CPAs are the opposite: we can figure out the full basis and correct land allocation. We cannot value the 5/7/15-yr components.

In an ideal world, we would cooperate, as our specialties complement each other. In the real world, some CPAs will continue their attempts to hack cost segregation, and most cost seg companies will continue to pretend to produce a "complete" depreciation schedule. This is unfortunate.

See this reply in the discussion

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  • Bernard ReiszPro Member
    OP
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    3y

    @Michael Plaks Believe it or not... this is my first time ever starting a thread on BP! 

  • Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes
    3y

    @Bernard Reisz your exposing one of my "Secret Sauces". 

    I think you'll be shocked to find just how few know of a cost segregation study, and what it translates into. Every time I get asked how I do accelerated depreciation on a 7yr schedule for a property, because there minds are blown away at the dollar level of write-off's we take, and I speak of Cost Segregation, I still have not 1 time had a person say "uh-huh, yeah, I know of that". 

    So with that I would say never my client's land allocation assumption, because they are rather clueless on the entire process in my experience and what any of it really translates into. 

    In the vast majority of my experiences, this is a pre-set item with developer as we are using these in new-built instances, getting handed a nice line-item breakdown from builder of everything to start from. 

    We focus on a 7yr schedule, with liquidation of property between yr 5-7, to "rinse & repeat" cycle. 

    It's a beautiful thing when done correctly. In an environment where many are yelling how they "can't find any deals" I have a pipeline of 20%+ ROI's that I literally can't keep up with. We recently reviewed capacity and it was around 45 units per month, lol.

    TAX Strategy is so overlooked today. And so powerful, and profitable. 

  • Bernard ReiszPro Member
    OP
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    3y

    @James Hamling Great perspective! 

    Cost Segregation studies for new development is very different than cost segregation studies for acquisitions. With development, cost basis for many of the components are available. In contrast, on an acquisition there's a lump sum cost for the entire asset that must be allocated.

    Real estate tax tools are incredibly powerful! When used repeatedly, and in conjunction with each other, their compounding effect is astounding!

  • Real Estate Consultant · Denver, CO · Member since 2021 · 661 posts · 389 votes
    3y

    @Bernard Reisz Your explanation of cost segregation is a good short answer for those unfamiliar. What I would add is that the structure of the building and certain capital items cannot be accelerated or Bonus Depreciated. Only a good engineering-based study will give you the best break-out of what can and cannot be accelerated. The structure and capitalized items continue to depreciate over the life of the property, 27.5 or 39 years.  

    And, remember that we should not be panicking about the 80% Bonus Depreciation for 2023. You still get 100% accelerated. 80% in the first year and the other 20% which can be accelerated is done with double-declining depreciation (DDB). 

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    3y

    Thanks for triggering one of my (many) pet peeves, @Bernard Reisz.

    To answer your specific question - what fixed % do I, as a tax accountant, want to see assigned to land on cost seg reports? The answer is: none. Fixed % to land is plain wrong, as has been explained at length on many past BP threads, for example this one: https://www.biggerpockets.com/...

    1. Why cost segregation?

    Let's discuss the broader issue of what I do and do not want from a cost seg report. We'll start with the non-segregated depreciation example. An investor buys a $200k rental house. Using one of the allocation methods described on the thread I linked above, he determines that the land value is $40k. (Once again, a fixed 80/20 formula does not qualify as an acceptable method - see the linked thread.)

    What the investor has now is $40k of non-depreciable land and $160k of a building depreciable over 27.5 years. Result: $6k depreciation deduction per year. Easy to understand and set up but not optimal. Hence the cost seg is brought in. 

    Cost seg company surveys the property - or makes up the numbers, whatever they prefer ;) - and comes up with the following conclusions:

    - there's $30k of 5-yr "personal property" in that house

    - there's $10k of 7-yr "personal property" in that house

    - there's $25k of 15-yr "land improvements" in that house

    After the dust settles, the investor has an immediate $65k depreciation deduction and feels like Rihanna on Super Bowl stage. Unless his deductions are restricted, but it's a totally different topic, much discussed on this forum, for example here: https://www.biggerpockets.com/...

    2. What the cost seg company wants to provide the investor

    To generate the most love (and referrals) from the investor, the company wants to give the investor a complete depreciation schedule:

    - $30k of 5-yr and 100% bonus

    - $10k of 7-yr and 100% bonus

    - $120k of 27.5 yr

    - $25k of 15-yr and 100% bonus

    - $15k non-depreciable 

    Neat and impressive. Open the champagne.

    3. Why the CPAs do NOT want this - first reason

    No, not because the investor can now self-prepare his taxes on TurboTax. We're not worried. We can charge him more to fix his mess later anyway. :)

    The main reason is the cursed land allocation. Formulas like 80/20 or 75/25 or 90/10 are convenient but wrong, as already mentioned above. Correct land allocation requires work. Who is going to do this work? Normally, the investor or his Realtor or his appraiser or his CPA. 

    Can the cost seg company do it? They can, but it's not their job or their licensing. They would need to pull and analyze comps, and they are not going to bother. There're several cost seg representatives on this forum. Raise your hand if your company actually pulls comps and determines land allocation by analyzing these comps. Right, didn't think so.

    All they will typically do is either apply the county assessment, which is often wrong and not beneficial to the investor - or apply the shortcut fixed % formula. Responsible CPAs will not accept these shortcuts.

    To clarify: I'm not attacking cost segregation strategy or my friends who provide this excellent service. I'm simply stating that there're limits to what they do, and determining correct land allocation is outside their traditional services scope. 

    4. Why the CPAs do NOT want this - second reason

    Problems with land allocation do not stop here. We have land improvements to contend with.

    In my example, I subtracted $25k land improvements from $40k land, leaving only $15k for the "true land." This is controversial, and some of my colleagues would be subtracting it from the $120k building part. 

    It's even more controversial if land improvements were higher, say $35k. Then we're claiming merely $5k for land. Getting shaky here. And what if cost seg places $45k on land improvements? 

    Question for my cost seg people - do you really want to wade into these murky waters and render a written opinion that can later be used against you? If I were you, I'd leave this mess for the CPAs to sort out.

    5. Why the CPAs do NOT want this - third reason

    You know what other number cost seg companies do not have? The full basis of the acquired property! What they have is the purchase price. But it's not tax basis!

    Basis includes various closing costs and adjustments at closing. Can cost seg companies analyze the closing statements (aka HUDs) and calculate all these adjustments? In theory, yes. In practice, they do not do it. And if they do, most CPAs will have their own variations in how they process closing statements. We will want to recalculate your number anyway!

    Now imagine that the cost seg company uses the exact same calculation as I would use, as unlikely as it is. Would I accept their number as basis then? No! Why? Because the basis also includes various capitalized costs that were incurred outside of closing! Both before and after closing. Tell me again, cost seg friends - exactly how are you going to calculate the full basis when you do not have this data? Are you going to request complete books from the investor and then clean them up and use for calculating tax basis of the acquisition? Hopefully you don't expect his books to be pristine, do you? 

    At most what you have is a closing statement. So you can estimate the full basis, but you can never calculate it exactly.

    6. Conclusion

    The two players in this game, cost seg companies and CPAs, can produce only a portion of the complete result

    Cost segregation companies can accurately determine the values of the 5-, 7- and 15-yr assets included in the property. They cannot determine the full basis of the property and should not venture into land allocation. CPAs are the opposite: we can figure out the full basis and correct land allocation. We cannot value the 5/7/15-yr components.

    In an ideal world, we would cooperate, as our specialties complement each other. In the real world, some CPAs will continue their attempts to hack cost segregation, and most cost seg companies will continue to pretend to produce a "complete" depreciation schedule. This is unfortunate.

  • Bernard ReiszPro Member
    OP
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    3y

    @Michael Plaks

    As I've said in the past, in response to your posts, BP has got to provide something more effusive than a "vote!"

    I'm with you all the way on this, which is the purpose of my posts and what has driven me to get involved in these tax services. Hopefully, bridging the chasm between tax tools and tax advisory.

    Land allocation is a complex topic, with 80/15 "rule" being baseless, but widely used. We use tax assessor as a default because it has substantial basis (pun absolutely intended!) and explain the context to investors. We're glad to update the report based on specific request from the taxpayer or their tax professional. (Yes, there are requests to apply the 85/15, 80/20, 75/25, 70/30 "rules;" more so than requests to update based on appraisal.)

    Would actually be glad to get involved in more complex land valuation, but for that to have any success there's got to be greater awareness and advocacy on the part of taxpayers and their tax professionals.

    Overall, astute and expert tax professionals like you are better for investors and better for us, as we're in total alignment. Alas, @Michael Plaks, you're truly exceptional!

  • Bernard ReiszPro Member
    OP
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    3y

    @Michael Plaks Going to do a "copy-paste" of content that I've posted elsewhere (off BP) that's quite apropos. Although posted with regard to a Cost Seg Feasibility Analysis, applies equally to an actual Cost Seg Report. 

    How to interpret a Cost Seg Feasibility Analysis

    A Cost Segregation Feasibility analysis can be a pretty "noisy" document, so you need to know how to cut through it all to focus on what actually matters.

    In most areas of life, we say it's "the bottom line" that counts. In a Cost Seg feasibility analysis the bottom line doesn't count all that much.

    In fact, your actual ROI on a Cost Seg Study may be higher or lower than illustrated on a Cost Seg feasibility study.

    Ya see, the actual tax and financial benefit you get from doing a Cost Seg varies based on a number of factors that are outside the scope of cost seg cost allocation and asset classification.

    👉 What portion of the purchase price gets allocated to land?

    👉 What's your marginal federal income tax rate?

    👉 What's the applicable state income tax rate?

    👉 Does the applicable state conform to Federal Bonus Depreciation rules?

    👉 What is the time-value of money to you?

    👉 What additional tax and financial incentives might you qualify for by reducing your taxable income?

    The bottom-line tax or financial benefit reported on a Cost Seg feasibility analysis NECESSARILY incorporates ASSUMPTIONS regarding all the foregoing.

    However, those assumptions certainly do not fully conform to your personal tax and financial reality.

    Assumptions are necessary, but you've got to know what they are so that you can adjust the "bottom line" to your personal reality.

    So, what does matter in a Cost Seg analysis

    👉 The percentage of depreciable basis allocated to short-life assets.


    That's it. Short, Sweet, and Simple!




  • Bernard ReiszPro Member
    OP
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    3y

    The IRS provides an description of a "quality cost segregation study."

    The IRS states that:

    👉 Cost segregation studies on used real property should properly allocate the purchase price between the non-depreciable land, building and personal property.

    👉 A quality study documents how the purchase price was allocated between land, land improvements, building and other assets.

    So, how is basis allocated to land, according to the IRS?

    In Publication 551, the IRS states:

    ▶️ If you buy buildings and the land on which they stand for a lump sum, allocate the basis of the property among the land and the buildings so you can figure the depreciation allowable on the buildings.

    ▶️ If you're not certain of the FMV of the land and buildings, you can allocate the basis based on their assessed values for real estate tax purposes.

    ▶️ In the Tax Court Summary Opinion 2017-31, the IRS relied on County Office of the Assessor’s land allocation to challenge RealEstate depreciation deductions claimed. (Incidentally, the Tax Court ruled in favor of the IRS.)

    🤷‍♂️ Are there additional methods of determining land allocation?

    💡 There are several additional methods for determining land cost allocation, based on various appraisals.

    💡 Ultimately, it's a question of determining fair market value at the time of purchase. It's a "question of fact."

    💡 While there are no IRS Safe Harbors for this, the IRS has indicated that they're OK with county tax assessor allocation, making that the "easy way out."

    💡 Tax assessor allocation may not be accurate and may reduce your depreciation tax deductions. (Tax assessor may also skew in your favor, and the IRS could, at least theoretically, challenge that. IRS publications are very helpful and are designed to help us, but are not law.) In such scenarios, using one of the appraisal methods is your best bet.

  • Real Estate Consultant · Denver, CO · Member since 2021 · 661 posts · 389 votes
    3y

    @Bernard Reisz As a national professional cost segregation company for over 20 years, we never assign land values. We use the CPAs depreciation schedule numbers or when getting an estimate for the client where there has not been a federal depreciation schedule done, we will use the assessor's office's percentage of land versus total assessed value. 

    Land values are serious business. Our actual studies rely on our partnerships with CPAs/tax professionals who confirm the numbers they will use before our studies are completed. I have seen land values vary for similar buildings from 6% of the purchase price to 99% of the purchase price. 

  • Julio GonzalezPro Member
    Specialist · West Palm Beach, FL · Member since 2008 · 4k+ posts · 1k+ votes
    3y

    @Bernard Reisz Another important question to keep in mind is what methodology is being utilized for the report as there are six commonly used methodologies that are recognized by the IRS. Here's a link for a short description of each.

    https://www.biggerpockets.com/...

  • Member since 2022 · 34 posts · 22 votes
    3y

    Have to agree with @Bonnie Griffin Kaake this can all be mitigated through open communication between the cost segregation firm and the CPA. This is also the unfortunate result of choosing the lowest bidder. The drive-by night cost seg firms will not collaborate with the client's CPA. A quality cost segregation firm will.

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