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New Member
posted Jun 5, 2019 11:45:11 AM

Will I be able to depreciate the "leasehold improvement" portion of a business purchase and if so, for what time frame?

I am purchasing a business that is located in a leased property. The seller made leasehold improvements to the property. The seller wants me to "purchase" these improvements as part of the business sale.

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3 Replies
Expert Alumni
Jun 5, 2019 11:45:13 AM

Unfortunately, an improvement made by the lessor does not qualify as qualified leasehold improvement property to any subsequent owner unless it is acquired from the original lessor by reason of the lessor's death or in one of the types of transactions listed in the reference below.

See the specific rules under Qualified Leasehold Property (IRS Pub 946): Which Property Class Applies?

New Member
Jun 5, 2019 11:45:15 AM

Thanks, but the lessee made the improvements and that is who I am purchasing the business from. Does that make a difference or does the same rules apply?

Expert Alumni
Jun 5, 2019 11:45:16 AM

You are the subsequent owner, so the rule would apply. The leasehold improvements are not depreciable property for you. The total cost would be your basis in the business (also not subject to depreciation).