Depreciation is a deduction that permits recovery, over a period of time, of capital invested in tangible property used in a trade or business or held for the production of income.
1 It is a deduction taken in arriving at adjusted gross income.
2 Only property that has a limited useful life may be depreciated. Land does not have a limited life and, therefore, cannot be depreciated. However, the improvements on land can be depreciated. Inventory and stock in trade are not depreciable.
3 A taxpayer who purchases a term interest in property cannot amortize or depreciate the cost of the property during any period in which the remainder interest is held by a related person.
4 On the other hand, life tenants and beneficiaries of estates and trusts may be allowed the regular depreciation deduction if the property is depreciable property.
5 The method used to determine the rate of depreciation depends on when the property was placed into service. Property is “placed into service” when it is first placed in a condition or state of readiness and availability for a specifically assigned function for use in a trade or business, for the production of income, or in a tax-exempt or personal activity.
6 See Q
for a discussion of the bonus depreciation rules that apply post-tax reform.
1. IRC §§ 167(a), 168(a), as amended by ATRA and Pub. Law No. 115-97 (the 2017 reform legislation).
2. IRC §§ 62(a)(1), 62(a)(4).
3. Treas. Reg. § 1.167(a)-2.
4. IRC § 167(e).
5. IRC § 167(d).
6. Prop. Treas. Reg. § 1.168-2(l)(2).