For years now
I have been suggesting a unique, and I expect controversial, tax reform
proposal that I have never seen discussed by anyone else anywhere else.
I would do
away with the deduction for depreciation of real estate, including capital
improvements to real estate, on individual and business income tax returns. The
Tax Code should not permit a deduction for the depreciation of real property or
capital improvements thereto on Schedule C, Schedule E, or Schedule F of Form
1040, Form 1041, Form 1065, Form 1120, or Form 1120-S.
According to
the IRS, depreciation is “an income tax
deduction that allows a taxpayer to recover the cost or other basis of certain
property. It is an annual allowance for the wear and tear, deterioration, or
obsolescence of the property”.
Let us look
at depreciation from the point of view of the Income Statement of a business or
rental activity. Basically, if you purchase an asset (i.e. equipment, a
vehicle, or real estate) that will last more than one year you spread the cost
of the asset over its “useful life”. You purchase a new computer. You certainly
do not purchase a new computer each year – you expect that it will continue to
provide service for several years. So you divide the cost of the computer over
a period of years to reflect this fact, and to properly report the “economic
reality” of the purchase.
If you
deducted the full cost of the computer in the year of purchase this would
distort the true cost of doing business. Since you generally purchase a new
computer every five years, deducting the cost over a five year period “more
better” represents the cost of operations. Thus depreciation is used to
“recover the cost or other basis of certain property”.
Another way
to look at depreciation is from the Balance Sheet perspective. When you
purchase an asset that asset has value to you. You trade the asset of cash for
the asset of a computer. If you sold your business the value of the computer
would be included in the value of the business. As an asset ages its value
drops. A two-year old computer does not have the same value in the market as a
comparable brand new computer. Depreciation is used to reflect the drop in
value of the asset. Thus depreciation is used to reflect the “wear and tear,
deterioration, or obsolescence of the property.”
If we look at
economic reality, a building has a life of much more than the 27.5 or 39 years
over which depreciation is currently allowed. The building I lived in several
years ago was 100 years old at the time, and is still going strong. And, for
the most part, the value of real estate does not drop in value over the years.
If properly maintained its value will generally increase. My parents purchased
their first home for $13,000 and sold it many years later for $75,000 (and they
were robbed).
Granted real
estate values can go down due to market conditions. But this is the exception
and not the rule.
For all
intents and purposes, in most cases real estate does not “depreciate”. You do
not replace a building every few years because it no longer provides the same
service or function. And the value of real estate as a component of the value
of a business does not drop as it ages. So why should we allow a tax deduction
for the depreciation of real estate?
An added
benefit - by doing away with the depreciation of real property taxpayers would
no longer have to deal with the “recapture” depreciation when the property is
sold, which would greatly simplify the process.
So what do
you think?
BTW – the above
is taken from my e-book “A Tax Professional for Tax Reform”. Click here to download a copy.
TAFN
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