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Level 3
March 28, 2021
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Can equipment purchased for rental properties in qualified real estate businesses be immediately depreciated under section 179 in California? Turbotax doesn't let me.

  • March 28, 2021
  • 8 replies
  • 90 views

Turbotax shows the asset as depreciating over 5 years in California. If I try to edit, it says "no adjustments are necessary." I know that California's limits and thresholds are different, but they should not apply. California seems to have some differences in what assets qualify, but I can't find a clear source for this. Is there a good reason Turbotax is stopping me?

 

And just in case I'm totally off here: I purchased new electrical panels for a small apartment building that I own and operate. It *seems* like that should qualify under Section 179 federally, but please let me know if that seems wrong. 

Best answer by thuyh1121

I myself don't use non-IRS sources to make such determinations. Take a look at IRS Publication 527, page 12 starting at the bottom of the middle column here , and IRS Pub 334 Chapter 5 page 21, section for "Real Estate Rents" here I've copied what I consider the relevant portions of 527 to your query with the specific part in bold print. This will help you make a more educated determination, and easier to deal with an IRS challenge if it happens.

Providing substantial services.

If you provide substantial services that are primarily for your tenant's convenience, such as regular cleaning, changing linen, or maid service, you report your rental income and expenses on Schedule C. Use Form 1065, U.S. Return of Partnership Income, if your rental activity is a partnership (including a partnership with your spouse unless it is a qualified joint venture). Substantial services don’t include the furnishing of heat and light, cleaning of public areas, trash collection, etc. For more information, see Pub. 334, Tax Guide for Small Business. Also, you may have to pay self-employment tax on your rental income using Schedule SE (Form 1040), Self- Employment Tax. For a discussion of “substantial services,” see Real Estate Rents in chapter 5 of Pub. 334

 


Those passages you linked do not appear to have anything to do with Section 179. The text of Section 179 itself (https://www.law.cornell.edu/uscode/text/26/179) does not define "active conduct of a trade or business." Neither does Publication 946 (https://www.irs.gov/publications/p946). So while I'd love to rely on official sources, we're kind of out of luck.

 

The AICP's Tax Adviser publication very explicitly explains the lack of connection between self-employment tax (your references) and section 179 (https://www.thetaxadviser.com/issues/2020/oct/maze-real-estate-rentals.html#fn_38). It states:

"Material participation is not required for the active trade or business requirement and neither is significant participation. These terms focus mostly on hours of involvement by the taxpayer. "Active conduct" is a low standard. Being involved in making decisions should suffice."

 

Section 179 used to specifically exclude "real property used for lodging" but that restriction was removed from 179d.1.C by the Tax Cuts and Jobs Act. It looks like California doesn't accept this change (along with many others in the Act).

 

So if we can conclude that my property is a business for the purposes of Section 179, my one remaining question is if electrical panels are eligible property.

 

Edit: It seems pretty clear that the IRS considers electrical wiring and other installations necessary to transmit electricity as part of the building itself, making it ineligible for Sec. 179.

8 replies

ColeenD3
Level 15
March 28, 2021

You wrote, " It *seems* like that should qualify under Section 179 federally, but please let me know if that seems wrong." Federally, there is no Section 179 for residential rental property.

 

Please see this answer from PaulaM.

 

To qualify for the section 179 deduction, your property must have been acquired for use in your trade or business. 

Property you acquire only for the production of income, such as investment property, rental property (if renting property is not your trade or business), and property that produces royalties, does not qualify. 

But the asset does qualify for the Special Depreciation Allowance.

See page 17 of IRS pub below.

Section 179

 

CA discusses conformity on Pages 8 and 9 of the following link.

 

 Depreciation

 

 

thuyh1121Author
Level 3
March 29, 2021

Based on https://www.nolo.com/legal-encyclopedia/is-your-rental-activity-business-investment.html, I believe my rental activity meets the "regularly and continuously" requirements to qualify as a business. How would that change things?

Carl
Level 11
Level 11
March 29, 2021

I myself don't use non-IRS sources to make such determinations. Take a look at IRS Publication 527, page 12 starting at the bottom of the middle column here , and IRS Pub 334 Chapter 5 page 21, section for "Real Estate Rents" here I've copied what I consider the relevant portions of 527 to your query with the specific part in bold print. This will help you make a more educated determination, and easier to deal with an IRS challenge if it happens.

Providing substantial services.

If you provide substantial services that are primarily for your tenant's convenience, such as regular cleaning, changing linen, or maid service, you report your rental income and expenses on Schedule C. Use Form 1065, U.S. Return of Partnership Income, if your rental activity is a partnership (including a partnership with your spouse unless it is a qualified joint venture). Substantial services don’t include the furnishing of heat and light, cleaning of public areas, trash collection, etc. For more information, see Pub. 334, Tax Guide for Small Business. Also, you may have to pay self-employment tax on your rental income using Schedule SE (Form 1040), Self- Employment Tax. For a discussion of “substantial services,” see Real Estate Rents in chapter 5 of Pub. 334

 

Carl
Level 11
Level 11
March 28, 2021

Basically, assets used for the production of passive income (namely, rental assets) do not qualify for SEC 179. But some most certainly can qualify for the Special Depreciation Allowance.

I purchased new electrical panels for a small apartment building

Since those become "a physical part of" the structure they get classified under MACRS as Residential Rental Real Estate. Regardless of their cost, they have to be depreciated over 27.5 years. (At least, per what I see/read in the program)