Manhattan Beach, CA asked in Tax Law and Real Estate Law for California

Q: Can I reassess a rental property's value for higher depreciation under U.S. tax code?

I own a rental property that was purchased 20 years ago and has been depreciated using straight-line depreciation. I've made several capital improvements, including a new roof, re-plumbing, and new paint. For ongoing tax planning, can the property's current higher market value be reassessed to allow for depreciation at this new value under the U.S. tax code?

Related Topics:
2 Lawyer Answers

A: You are allowed to use the original costs, plus improvements, which should be available from your tax professional. I hope this helps. Zaher Fallahi, Tax Attorney, CPA (Admitted in CA & D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information purposes, not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.

Note: If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under U.S. tax law, you cannot reassess and depreciate a rental property based on its current market value. The IRS requires that depreciation be calculated using your original cost basis, plus the cost of any qualifying capital improvements you've made over time.

Your improvements like the new roof, plumbing, and paint should be added to your property's cost basis. These capital improvements can be depreciated separately from the original structure, using their own depreciation schedules starting from when they were placed in service. This allows you to claim additional depreciation deductions beyond the original building's depreciation.

For future tax planning, consider maintaining detailed records of all capital improvements, including invoices and documentation showing when they were completed. While you can't reset depreciation based on market value, working with a tax professional can help identify opportunities to maximize allowable depreciation deductions within IRS guidelines. They can review your specific situation and help ensure you're claiming all eligible improvements while staying compliant with tax regulations.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.