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The difference between deductible costs and capital expenditures can mean thousands of dollars in tax savings to property owners who perform regular repairs and maintenance. Recent legislation, tax court rulings and IRS revenue procedures allow taxpayers to more easily clarify the point not only for the current year, but also past tax years, creating an opportunity for significant current year tax savings.
Maintenance or capital improvements
The key question is when must a company capitalize an expenditure and when can the company treat those costs as deductible from current income?
Generally, taxpayers are required to capitalize expenditures that:
By contrast, taxpayers may be able to deduct expenditures for:
In most cases, a taxpayer will pay less tax by classifying an expenditure as a repair and taking the current deduction, rather than capitalizing the expense and recovering the cost through depreciation. For this reason, it is often in the best interest of real property owners to reclassify costs formerly capitalized and depreciated in order to reduce their tax liability.
Here are a couple of examples of the subtle difference between repair and maintenance, and capital improvement.
To protect and maintain the concrete floors of its warehouse, ABC Distribution applies a new coat of epoxy sealer to the floor every year. This would typically be considered a deductible maintenance expense. However, if ABC Distribution purchases a previously occupied warehouse and applies the same epoxy sealer to the floor in preparation for occupancy, it would be considered a capital improvement and the cost would have to be depreciated. The same would apply if the warehouse expands: the initial cost of epoxy floor sealer would be considered a capital improvement in the first year, and a maintenance cost in subsequent years.
After 10 years of making these annual repairs, ABC decides to tear out the old asphalt and replace it with reinforced concrete that should last for 10 years without needing significant repairs. Expenditures for removing and replacing the material would have to be capitalized as a long-term improvement to the overall property.
Keep in mind that these are just examples, and other factors may lead to different conclusions. It's best to consult a tax professional to make sure all of the issues are covered before a determination is made.
Who can benefit?
Many capital intensive taxpayers have improperly classified maintenance and repair costs, creating numerous opportunities to retroactively reclassify certain expenditures in order to write off the remaining basis in the current tax year. Any taxpayer who has incurred significant building repairs and maintenance costs should consider analyzing their fixed asset costs.
To claim the deduction, the taxpayer must submit Form 3115 to change their accounting method, allowing the taxpayer to claim a "catch-up" deduction to be taken on the current year return for expenditures that occurred many years ago. Please note: This is a method change. Therefore all similar items must be treated in the same manner consistently across all years. The classification of an item as a capital item or a repair is dependent upon the facts and circumstances of the item.
Examples of deductible repair and maintenance expenses
Jeff Taylor is a senior manager with Clifton Gunderson's federal tax consulting solutions team and has more than 10 years of tax consulting experience. He can be reached at (217) 351-7400 or Jeff.Taylor@cliftoncpa.com.
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