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Tax strategy · IRC § 168(k) · Cost segregation

Bonus depreciation and cost segregation: the largest first-year deduction most property owners miss.

A building is not one asset. A cost segregation study separates the parts that depreciate over 5, 7 and 15 years from the 27.5- or 39-year shell, and since 2025 those shorter-life parts can be written off 100% in the first year. We plan, document and defend these deductions.

Forms & standards
IRC § 168(k)Treas. Reg. § 1.168(k)-2IRC § 168(e)(6) QIPRev. Proc. 87-56Treas. Reg. § 1.168(i)-8Form 3115

Serving United States, Virginia, Washington, DC, Maryland.

What we handle

How the strategy works

The 2025 tax law made 100% bonus depreciation permanent for qualifying property acquired and placed in service after January 19, 2025. Qualifying property generally has a recovery period of 20 years or less, which includes furniture, equipment, dedicated electrical and plumbing, carpeting, land improvements such as parking lots and landscaping, and qualified improvement property (interior improvements to nonresidential buildings, which is 15-year property under section 168(e)(6)).

A cost segregation study, prepared by engineers and tax advisors, assigns the purchase or construction cost of a building to these categories. Buildings bought or built in earlier years can still benefit: a change in accounting method on Form 3115 claims the missed depreciation in the current year without amending prior returns. When components are later replaced, the partial disposition rules let you write off the remaining basis of what was removed.

Speak with an advisor
  • Cost segregation studiesEngineering-based allocation of building costs to 5-, 7-, 15- and 39-year property.
  • Look-back studiesForm 3115 method changes to catch up missed depreciation on buildings you already own.
  • Qualified improvement propertyInterior renovations of commercial buildings treated as 15-year property eligible for bonus depreciation.
  • Partial dispositionsWriting off the remaining basis of roofs, HVAC and finishes when they are replaced.
  • Passive loss planningMaking sure the deduction can actually be used under the passive activity and excess business loss rules.
  • Recapture and exit planningModeling depreciation recapture on sale and the effect of 1031 exchanges.
  • Virginia and state differencesSeparate state depreciation schedules where states, including Virginia, do not follow federal bonus depreciation.
  • Audit defenseSupporting the study and classifications in an IRS examination.

Where we help

What the Tax Court has said

1997

Hospital Corp. of America v. Commissioner, 109 T.C. 21

The foundation of cost segregation: certain building components that serve equipment or the business, rather than the building's operation, can be depreciated as shorter-life personal property.

2012

AmeriSouth XXXII v. Commissioner, T.C. Memo. 2012-67

An apartment complex owner split a $10.25 million purchase into more than 1,000 components. The court reclassified most of them back to the building as structural components, sustaining most of the IRS's position.

2012

Peco Foods v. Commissioner, T.C. Memo. 2012-18

A buyer that agreed to an allocation in its purchase agreement could not later use a cost segregation study to reallocate the price differently.

Lesson

Quality of the study matters

Studies that rely on engineering detail and component-by-component legal analysis survive; aggressive classifications do not.

Our approach

How the engagement runs.

Screen

Check acquisition date, cost, use and passive loss position to see if a study pays.

Study

Engineering review, site visit and component-level cost allocation.

File

Depreciation schedules, Form 3115 where needed, and state adjustments.

Defend

Support classifications and documentation if the IRS examines.

Questions

Frequently asked

If your question isn't here, call (703) 880-8412 and you'll reach a person.

Is 100% bonus depreciation available in 2026?

Yes. The 2025 tax law made it permanent for qualifying property acquired and placed in service after January 19, 2025. Property acquired under a binding contract before that date follows the earlier phase-down.

Can I do a cost segregation study on a building I bought years ago?

Usually yes. A change in accounting method on Form 3115 lets you claim the depreciation you missed as a single adjustment in the current year, without amending old returns. Bonus depreciation depends on when the property was acquired.

Does bonus depreciation apply to used property?

Yes. Used property qualifies if you did not use it before and did not buy it from a related party.

What does a cost segregation study cost and when does it pay?

Fees depend on the size and complexity of the building. Studies generally make sense for buildings with depreciable cost in the high six figures or more, when the owner can actually use the deductions.

What is the catch?

Faster depreciation is recaptured on sale, much of it at ordinary rates for personal property, and the deductions may be limited by the passive activity, at-risk and excess business loss rules.

Does Virginia allow bonus depreciation?

No. Virginia generally does not conform to federal bonus depreciation, so a separate Virginia depreciation schedule is required and the state benefit is spread over time.

Latest updates

IRS & federal tax

All IRS & federal tax updates
Nov 5, 2026IRS & federal tax

IRS releases 2027 inflation adjustments (Rev. Proc. 2026-35)

For 2027 the joint-return standard deduction rises to $33,200, the estate tax basic exclusion to $15,480,000, the annual gift exclusion to $20,000 and the Section 179 expensing limit to $2,640,000. Our advisors recommend revisiting year-end gifting and equipment purchase plans with these figures in mind.

Source: IRS (IR-2026-133)

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