You can likely gain significant tax savings by revisiting accounting methods for repair and maintenance costs, especially for taxpayers that own, invest in, and operate real estate.
Although the Tangible Property Regulations (TPR), effective since 2014, provide guidance on capital improvements and repairs, many taxpayers find they have so-called over-capitalization issues, in which tax-deductible repair and maintenance expenses are capitalized as fixed assets and depreciated as 27.5 or 39 year property.
What are tangible property regulations?
The TPR provide guidance on the tax treatment of costs paid to acquire, produce, improve, or repair tangible property.
The TPR also provide simplified safe-harbors for expensing certain costs.
Why do TPR challenges exist?
Many tax and accounting professionals struggle with the framework guidance in the TPR for classifying costs as tax-deductible repairs or capital improvements requiring depreciation.
Their quantitative and qualitative tests require professionals to understand and identify specific components of an asset, and how a capital project impacted such asset.
Let’s consider an HVAC project. Aside from its cost, an accounting professional must also consider the intent and purpose, and whether it resulted in a material upgrade, addition, or restoration of specific components or the system overall.
Many accountants find the requirement to identify and understand specific building components challenging, and they often miss tax-deductible repairs as a result.
Additionally, accounting methods for financial reporting purposes sometimes differ from tax methods. You may capitalize some items for which GAAP requires capitalization without further consideration for tax expensing.
How do you identify capitalized repairs?
An analysis of fixed asset records can help identify repair and maintenance expenses capitalized in prior years. Items capitalized in building, leasehold improvement, and capital project accounts are most exposed to capitalized repair issues.
The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. Tax information, if any, contained in this communication was not intended or written to be used by any person for the purpose of avoiding penalties, nor should such information be construed as an opinion upon which any person may rely. The intended recipients of this communication and any attachments are not subject to any limitation on the disclosure of the tax treatment or tax structure of any transaction or matter that is the subject of this communication and any attachments.



