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Mcom Cost Segregation Services (1)
1. Cost Segregation ServicesAsset Reclassification for Accelerated Depreciation of Business Real Estate Property Presented by: Michael F. Cannon, MA, MBA, AVA President, MCOM Corporation
2. 2 Objectives Present you with an overview of the significant tax benefits Cost Segregation Studies provide Describe the new tax law guidance that permits use of these studies Show you how these studies can benefit your clients MCOM Corporation
3. 3 Overview of the Tax Opportunity Cost Segregation Studies (CSS) and their Benefits A CSS is an IRS accepted asset-reclassification process that accelerates tax-depreciation deductions Real estate is reclassified from 39 yr. or 27.5 yr. depreciable property to shorter-lived (5, 7 and 15 yr.) property for depreciation purposes Recaptures available depreciation from prior years, producing substantial benefits IRS Tax Guidance 2004 (IRS Revenue Procedure 2004-11) now allows “Presumptive Approval” of this asset reclassification technique This procedure is safe and sure. If done following IRS Guidelines and Procedures no restatement of prior tax returns is required MCOM Corporation
5. 5 The Cost Segregation Core ConceptThe Basis for Component Depreciation 1250 and 1245 Property Definitions 1250 Property Building land and systems, in place to allow and support the functions of the structure as a building Allows depreciation at 39.5 and 27.5 years 1245 Property Building components, land and systems in place to allow and support the functions of the structure as abusiness Allows accelerated depreciation at 15, 7 and 5 year terms MCOM Corporation
6. 6 The Major Client Benefits Allocation of direct costs to shorter asset lives Accelerated write down of soft/indirect costs Lowers tax liability and increases cash flow Recaptures reclassified depreciation back to 1987 in one year “catch-up” Faster write down of new construction, renovations and/or expansions No need to amend previously filed tax returns; for entity or for shareholders MCOM Corporation
27. 13 How Can You Tell If A Client Has Taken Full Advantage of This CSS Benefit? A look at their depreciation schedules will show; Total amounts in 5, 7, 15 and 39 year Types of items accelerated Existence of report detailing case law support Systematic approach mandated by IRS Provide depreciation schedule to reputable Cost Segregation firm for cost/benefit analysis Client can determine if the cost/benefit is worth it MCOM Corporation
29. 15 Some Business Situations Will Not Benefit Alternative Minimum Tax may reduce immediate benefits to carry forward Pass thru of benefits has value only to shareholders who can use the deduction Prompt disposition of property may cause recapture of depreciation if gain is attributed to the accelerated asset, this is generally NOT the case. MCOM Corporation
30. 16 Brief History of How We Got Here 1962-1997 depreciation taxation rules varied widely between; Investment Tax Credit case law, ACRS in 1981, Tax Reform Act of 1986 and the Revenue Reform Act of 1989 1997 HCA landmark tax court case became basis for reclassification of assets as per ITC case law Numerous real estate owners petitioned the tax courts stating that they were required to construct “special use” rooms with special HVAC, electric, etc. systems to run their medical systems and specialty testing instrumentation. 1999 IRS accepts HCA ruling but vows to “scrutinize” each case 2004 IRS agrees; changes in depreciation are “a change in method of accounting”, allows “presumptive acceptance” of accounting changes, and eliminates need to amend previous returns 2005 IRS Guidance (Dec 2004) sets standards on report content, qualifications of preparers, engineering standards, knowledge MCOM Corporation
31. 17 1245 Property Finish Carpentry Security and Communications Systems Electrical Plumbing Site Work HVAC Specialties and Accessories Indirect or Soft Costs Owner Incurred Costs Paid Outside of General Contract Major Areas of Cost Allocation MCOM Corporation
33. 19 1245 Property Security & Communication Systems Interior Electrical for Machinery and Equipment Interior Electrical for Machinery and Equipment Security Lighting MCOM Corporation
37. 23 1245 Property HVACSpecialty Equipment Process Air Conditioning Other Specialties & Accessories Duct Work for Kitchen A/C for Computer Process MCOM Corporation
38. 24 Cost Segregation Process Is Detailed and Exacting: Requires Specialized Expertise Taxation Planning and Procedures Specifically for Cost Segregation Studies In Depth Engineering Expertise Detailed Project Management Expertise MCOM Corporation
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40. 26 Engineering Expertise Cost segregation engineers, licensed and experienced in the field, with deep knowledge in Site, costing, materials, estimating expertise RS Means, Marshall & Swift data mining Wide experience in all cost segregation aspects Latest knowledge in real estate tax innovation and CSS study development Site visit documentation process for all reclassification activities Manage all aspects of component analysis, verification and take offs as well as building cost reconstruction where data is not available Tax Law Expertise Engineering Team Project Management MCOM Corporation
41. 27 Project Management Expertise Project managers must be experienced in Direction of program components and scheduling of multi-team efforts Control systems to deliver projects on time and within approved budget Coordination of key data with client/CPA firms Key supplier relationships for essential information gathering; GC, Subcontractors, suppliers, plans, AIA, Change Orders, Invoices Tax Law Expertise Engineering Team Project Management MCOM Corporation
42. 28 How We Would Work With Your Clients Adapt to whatever form you feel is best for your client Independent supplier of the service Associated company to your services As a part of your internal client service Our process would follow you and your client preferences An “average” process would be as follows; Initial presentation of service to client Client provides depreciation schedule for review We present potential benefit and study costs to client for review Client gives us additional information on building property to begin study Client signs engagement letter We begin the project * Client Responsibility
43. 29 Essential Steps In the Work Process Acquire and organize all construction information Assure that “all in” numbers tie to depreciation schedule totals* Assign work teams and establish timetables engineering and construction experts to hard cost analysis financial team to all indirect and soft cost analysis Conduct site visits and obtain photographic documentation Allocate the building costs to their appropriate depreciable tax lives Write and assemble report components; project methodology and background narratives engineering breakdown and cost estimates summary of the new real and personal property by the appropriate tax lives documentation (IRS Code, Treasury Regulations, court cases and revenue rulings) as it applies to use of the real estate and your specific industry Report serves as stand alone substantiation to support conclusions Present completed report and IRS Form 3115 to your team Team usually made up of 6 to 8 experts * Client Responsibility
44. 30 Materials Available For Your Review Examples of Completed Studies Information Guide To Initiate Work Depreciation Acceleration Estimates from Existing Depreciation Schedules MCOM Corporation