Understanding the QIP Guidelines 2018

Similar documents
An Overview of the Proposed Bonus Depreciation Regulations under Section 168(k)

Tax Reform Update: Proposed Regulations on Bonus Depreciation

How Tax Reform Affects Bonus Depreciation & Cost Recovery. Agenda

KPMG report: Proposed bonus depreciation regulations and 2018 filing season: Opportunities and pitfalls

TaxNewsFlash. Proposed bonus depreciation regulations and 2018 filing season: Opportunities and pitfalls

New Section 168(k) Bonus Depreciation Regulations: Claiming 100% First-Year Depreciation Deduction Under Tax Reform

Reg. Section 1.168(k)-1(b)(3)(v), Example 4 Additional first year depreciation deduction.

Managing Capitalization and Expense Depreciation

S ection 7 DEPRECIATION UNDER FEDERAL INCOME TAX DEPRECIATION RULES

Final Repair Regulations and the Impact on Owners of Investment Real Estate

The Tax Cuts and Jobs Act (P.L ) as signed by President Trump on December 22, Numerous provisions discussed below affect depreciation.

100% Bonus Depreciation. for property acquired and placed in service after 9/27/2017 and before

100% Bonus Depreciation. for property acquired and placed in service after 9/27/2017 and before

Cost Segregation Opportunities

Louisiana Bankers Association CFO Conference. Baton Rouge Renaissance Hotel. Benny Jeansonne, CPA Partner Silas Simmons, LLP.

Cost Segregation Analysis Webinar Index

Lecture 8 (Part 2) Depreciation

IRS guidance on claiming a payment in lieu of investment tax credits for solar, fuel cells, wind, biomass, geothermal, and other facilities

ARTICLE IV. ECONOMIC DEVELOPMENT; AD VALOREM TAX EXEMPTIONS

Effective: September 19, In general, these final regulations apply to taxable

4/10/2012. Long-Lived Assets and Depreciation. Overview of Long-lived Assets. Learning Objectives (LO) Learning Objectives (LO)

Internal Revenue Code Section 168(e)(3)(E)(iv) Accelerated cost recovery system

Subpart A - GENERAL ORDINANCES Chapter 66 - TAXATION ARTICLE V. - ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION

COST SEGREGATION UNCOVERING HIDDEN CASH FLOW

Housing Credit Modernization Becomes Law

Tax Reform and Lease Accounting Changes Opportunities for the MTS Appraiser?

New Tax Law Could Enhance the Attractiveness of Conservation

2016 Farm Income Tax Webinar

Federal Rehabilitation Tax Credit

CITY OF OAKLAND SUPPLEMENTAL FORM AFFORDABLE HOUSING DENSITY BONUS

FYI For Your Information

TAX ALERT. Master tenant HTC transactions: IRS treatment of 50(d) income

FASB Emerging Issues Task Force. Issue No Title: Accounting by Lessees for Maintenance Deposits under Lease Arrangements

Agenda cont. Claiming the special depreciation allowance Figuring depreciation under MACRS Additional rules for listed property Basis of assets

HKFRS 15. How the new standard affects revenue recognition of Hong Kong real estate sales before completion

IMPORTANT UPDATED ADVISORY ON TAX SHELTER ABUSE INVOLVING CONSERVATION DONATIONS

OVERVIEW OF HOUSING TAX CREDITS

TITLE 26--INTERNAL REVENUE

KIRKLAND ALERT. IRS Unveils Start of Construction Rules for Solar, Other ITC-Eligible Technologies. Attorney Advertising

Reg (a )-2. Amounts paid to acquire or produce tangible property.

HISTORIC REHABILITATION

PROPERTY REASSESSMENT AND TAXATION. State Tax Commission Jefferson City, Missouri

A. Inflation Rate Used in the 2017 Capped Value Formula.

EN Official Journal of the European Union L 320/373

CONSERVATION EASEMENTS

THE NEW RULES EXPENSE OR CAPITALIZE?

2017 Tax Act. Cost Recovery (Depreciation and Expensing)

FOR DISCUSSION PURPOSES ONLY

SSAP 13 STATEMENT OF STANDARD ACCOUNTING PRACTICE 13 ACCOUNTING FOR INVESTMENT PROPERTIES

Agricultural & Natural Resource Issues Chapter 10 pp National Income Tax Workbook

Chapter 4 Deduction v. Capitalization. Final & Prop. Regs.

John Smith Attachment to Form Statement 1

Out of Chaos: The Repair Regulations One Year Later

HOME Program Basic Facts

LOUISIANA HOUSING CORPORATION QUALIFIED CONTRACT PROCESSING GUIDELINES

Section of the Department of the Treasury Regulations 1031 Exchanges; Like Kind Exchanges (26CFR1031)

New York State and Federal Historic

ITC Beginning of Construction Guidance

Mastering Partnership Minimum Gain Chargeback Provisions for the Tax Professional

Bossier Parish Library Historical Center. Acquisition Policy. Approved 2009

Installment Sales. Installment Method under Section 453 Allows for a gain on sale as well as the accompanying tax liability to be deferred

Agricultural Leasing in Maryland

ORIGINAL PRONOUNCEMENTS

.01 The objective of this Standard is to prescribe the accounting treatment for investment property and related disclosure requirements.

FASB Emerging Issues Task Force

UNIT TRANSFER PROCEDURE MANUAL September 21, 2011

The Final Tangible Property Repair Regulations and Fixed Asset Review: Opportunities for 2016 and Beyond

Reinvesting With 1031 Exchange

1. How does the enhanced easement incentive change the law for conservation donations?

Section 168. Accelerated Cost Recovery System

Application for Change in Accounting Method OMB No

Our Team is Your Resource. Value Added Services

Reg. Section 1.263(a)-3(h)(5)

Sri Lanka Accounting Standard-LKAS 17. Leases

Guidance for Habitat for Humanity Affiliates January 12, 2011

Treasury Regulations 1.42

LTR Report Number 1677, April 22, 2009 IRS REF: Symbol: CC:ITA:B07-PLR [Code Secs. 42, 167, 168, 263 and 263A]

FACT SHEET. Depreciation of Farm Drainage Tile. Agriculture and Natural Resources OAM-1-12

Historic Tax Credit Presentation Date: March 22, 2016

Special Valuation: A Local Tax Incentive Program

The Rocky Mountain Land Use Institute

Applying IFRS. A closer look at the new leases standard. August 2016

Cost Segregation Instructor Teaching Schedule (3-Hour)

Tangible Property Regulations What Tax Professionals need to Know for Tax Year 2015

Housing Tax Credit Carryover, 10 Percent Test, Evidence of Construction Start and Final Allocation Application Training Workshop. September 20, 2018

Statement of Financial Accounting Standards No. 26

BOARD OF COUNTY COMMISSIONERS DATE: December 16, 2014 AGENDA ITEM NO. 35. Public Hearing [t(" Consent Agenda D Regular Agenda D

(a) In general Gross income of a lessee does not include any amount received in cash (or treated as a rent reduction) by a lessee from a lessor -

Income Reporting and Definitions. Prepared by: Michael Novey - Department of the Treasury, Office of Tax Policy

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2017 Edition - Part 10

HOW TO MAKE THE RIGHT LEASING DECISIONS

CHAPTER 1. GENERAL EXPLANATION AND BRIEF HISTORY OF THE LOW-INCOME HOUSING TAX CREDIT

City of Titusville "Gateway to Nature and Space"

Disposing of Overleveraged Real Estate: Thinking Outside the Box

Prop. Reg. Section 1.170A-17(b)(2)(iii) Qualified appraisal and qualified appraiser

Homeowner s Exemption (HOE)

In accordance with Property Management Policy C.2.7, the following procedures under Property Management are further expanded to include:

Recourse and Non-Recourse Debt for Partnerships

GST/HST Memoranda Series

Report No NEW YORK STATE BAR ASSOCIATION TAX SECTION REPORT ON THE PROPOSED REGULATIONS ON PARTNERSHIP BUILT-IN LOSSES

Transcription:

Understanding the QIP Guidelines 2018 OVERVIEW Recently there has been some confusion about QIP recovery periods due to the amendments to 168. The Committee Comments for the Tax Cuts & Jobs Act discussed altering the recovery period. However, actual changes did not make it into the final bill. Recovery periods and depreciation percentages remain as follows: QIP placed in service between September 28 and December 31, 2017: 39-yr recovery period Bonus depreciation percentage will depend on when the property was acquired: o If acquired prior to 9/28/17, the property will qualify for 50% bonus o If acquired after 9/27/17, the property will qualify for 100% bonus QIP placed in Service before September 28, 2017: This QIP will be 39-yr property eligible for 50% bonus QIP placed in Service after December 31, 2017: This QIP will be 39-yr property but will be ineligible for bonus depreciation since it was placed in service after 12/31/17. It will qualify for 179 at the election of the tax payer, but you have to make an election under 179(d)(1)(B)(ii) to consider Qualified Real Property for expensing.

THE INTENT From its inception on 1/1/2016, QIP has always had, and continues to have, a 39-yr recovery period. The only benefit of classifying an asset as QIP was the ability to claim bonus The Tax Cuts & Jobs Act did nothing to change the recovery period. Even though the Committee Comments clearly indicate that the intention was to reduce the GDS recovery period to 15 yrs. and the ADS recovery period to 20 yrs., they did not put the language in the actual bill. Since it s not in the amended 168 statute, Congressional intent is irrelevant. Most jurists would not allow the Committee Comments to override the text of the statute. Without a technical correction, QIP is going to remain 39-yr property. And it is unlikely Senate Democrats will provide the support needed to get to the 60-vote threshold necessary to get a technical correction past a filibuster. Republicans cannot use the reconciliation procedure they used to get the TCJA passed because the technical corrections would add to the already increasing deficit. For changes to be made under reconciliation procedures, they would need to be revenue neutral. WHAT CHANGES DID GET MADE Unfortunately, while the drafters of the bill forgot to include the clauses providing for the 15/20-yr recovery periods, they did remember to make what they believed to be a conforming amendment to remove QIP as an explicit qualifying property type for bonus depreciation effective for property placed in service after 12/31/17. See 13204(a)(4)(A)(iii) & (b)(1) of the TCJA. Additionally, the drafters put substantive language in the bill concerning what property will qualify for the new bonus rules that did not make it to the statute, so anyone who hasn t read the bill could miss it.

Under 13201(h)(1), all the amendments made under 13201 (100% deduction, used property qualifies, etc.) apply to property which is acquired after 9/27/17, and is placed in service after such date. Unfortunately, the language goes on to specify that property shall not be treated as acquired after the date on which a written binding contract is entered into for such acquisition. WHAT DOES WRITTEN BINDING CONTRACT MEAN? On 8/3/2018, the Treasury Department released proposed regulations regarding the additional first year depreciation deduction under the TCJA. The proposed regulations retain the rules in 1.168(k)-1(b)(4)(ii) defining a binding contract. Under 1.168(k)-1(b)(4)(ii) (A), a contract is binding only if it is enforceable under State law against the taxpayer or a predecessor and does not limit damages to a specified amount. A contractual provision that limits damages to an amount equal to at least 5% of the total contract price will not be treated as limiting damages to a specified amount. So, if there was an enforceable contract executed before 9/28/17 that did not limit damages to less than 5% of the total contract price, the property will be considered as having been acquired before 9/28/17, and therefore, it be ineligible for the new bonus depreciation regulations. The proposed regulations provide that property that is manufactured, constructed, or produced for the taxpayer by another person under a written binding contract that is entered into prior to the manufacture, construction, or production of the property for use by the taxpayer in its trade or business or for its production of income is acquired pursuant to a written binding contract. However, a letter of intent for an acquisition is not a binding contract. If the written binding contract states the date on which the contract was entered into and a closing date, delivery date, or other similar date, the date on which the contract was entered into is the date the taxpayer acquired the property.

If a taxpayer manufactures, constructs, or produces property for its own use, the Treasury Department and the IRS recognize that the written binding contract rule in 13201(h)(1) of the Act does not apply. In such case, the proposed regulations provide that the acquisition rules in 13201(h)(1) of the TCJA are treated as met if the taxpayer begins manufacturing, constructing, or producing the property after September 27, 2017. The proposed regulations provide rules similar to those in 1.168(k)-1(b)(4)(iii)(B) [physical work of a significant nature] for defining when manufacturing, construction, or production begins, including the safe harbor [incurs/pays more than 10% of the total cost of the property excluding land & preliminary activities], and in 1.168(k)- 1(b)(4)(iii)(C) for a contract to acquire, or for the manufacture, construction, or production of, a component of the larger self-constructed property [i.e., a binding contract to acquire one or more components of a larger self-constructed property will not preclude the larger self-constructed property from satisfying the acquisition rules]. ADDITIONAL DISCUSSIONS While no official changes have been made concerning reducing recovery periods, the proposed regulations provide that Qualified Improvement Property acquired after 9/27/17, and placed in service after 9/27/17 but before 1/1/18, is qualified property for purposes of the additional first year depreciation deduction. By implication, Qualified Improvement Property placed in service after 12/31/17 is not qualified property for purposes of the additional first year depreciation deduction. Therefore, as property that has a recovery period of 20 years or less is generally qualified property for purposes of the additional first year depreciation deduction, Treasury cannot have considered Qualified Improvement Property placed in service after 12/31/17 as having a 15-year recovery period as some commentators would like to believe. (See AICPA letter dated 7/23/18 to Treasury/IRS requesting clarification that Qualified Improvement Property is treated as 15-year property.)

SUMMARY Effective for taxable years ending after 12/31/17, QIP is Qualified Real Property for purposes of Sec. 179. See 13101(d) of the TCJA. QIP placed in service between September 28 and December 31, 2017: 39-yr recovery period Bonus depreciation percentage will depend on when the property was acquired: o If acquired prior to 9/28/17, the property will qualify for 50% bonus o If acquired after 9/27/17, the property will qualify for 100% bonus QIP placed in Service before September 28, 2017: This QIP will be 39-yr property eligible for 50% bonus QIP placed in Service after December 31, 2017: This QIP will be 39-yr property but will be ineligible for bonus depreciation since it was placed in service after 12/31/17. It will qualify for 179 at the election of the tax payer, but you have to make an election under 179(d)(1)(B)(ii) to consider Qualified Real Property for expensing. Remember, when you partner with Scarpello Consulting, you gain access to our expert team of tax professionals and engineers for any question that may arise. Contact us today: 877.410.5040