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Depreciation: Where does it come from?

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The rules around depreciation for rental properties have their origins in tax laws and accounting principles. Depreciation is a method used to allocate the cost of tangible assets over the years in which they are used, reflecting the reduction of value due to wear, tear, and obsolescence. The origin of the rules around depreciation for rental properties can be traced back to tax laws, accounting principles, economic rationales, and the desire to encourage investment in the real estate sector. The specific rules and methods used have evolved over time and can vary by jurisdiction.

Tax Laws:

In the United States, the Internal Revenue Service (IRS) has established guidelines and rules regarding the depreciation of rental properties. The Tax Reform Act of 1986 was a significant piece of legislation that modified depreciation rules. Before this Act, various methods were used to calculate depreciation, but the Act introduced the Modified Accelerated Cost Recovery System (MACRS) to standardize depreciation schedules and methods.

Under MACRS, residential rental property is typically depreciated over a period of 27.5 years using the straight-line method, which means that the property’s value is written off evenly over the depreciation period. This allows property owners to deduct a portion of the property’s value from their taxable income each year, thus reducing taxable income and the amount of taxes owed.

Accounting Principles:

In the accounting field, depreciation is a fundamental principle used to match revenues with expenses. This matching principle is essential to accurately report the financial status and profitability of a business. When a rental property is purchased, it is expected to generate revenue over several years. Depreciating the asset over its useful life aligns the cost of the asset with the revenue it generates.

Economic Rationale:

The economic rationale behind depreciation rules is to encourage investment in rental properties and real estate, which in turn stimulates economic growth. By allowing property owners to depreciate their assets, the government provides an incentive for individuals and businesses to invest in real estate, which can lead to job creation, increased housing supply, and overall economic development.

International Context:

While the specific rules and methods might vary, the concept of depreciation for rental properties is not unique to the United States. Many countries around the world have similar principles and regulations that allow for the depreciation of assets to encourage investment and more accurately reflect the financial standing of businesses.

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The term boot is commonly used when discussing the tax consequences of an exchange. However, the term “boot” is not used in the Internal Revenue Code or the Regulations. Which is a source of confusion. The “Boot” received is the money or the fair market value of “other property” received by the taxpayer in an exchange. You will be taxed on this portion – clients that work with our CFP’s® determine if that boot is the right amount to take inside of their InSight-Full® financial plan. Unlike property or non-qualifying property such as securities, cash, notes, partnership interests, etc. A taxpayer who receives boot (“unlike” property) will have to recognize gain to the extent of the net boot received or realized gain, whichever is less. This is Key: In exchanges, there are two types of boot: 1) cash boot and 2) mortgage boot. Boot is anything that is not considered “like-kind” that the taxpayer receives in an exchange. Cash Boot: This could include cash, property other than real property, or net debt relief. Any boot the taxpayer receives is regarded as taxable gain and will trigger a taxable event. Cash boot is any cash that the taxpayer receives once the exchange is finalized. Mortgage Boot: This version of boot is a debt instrument that is secured by real estate collateral that the borrower is obligated to pay back over a period of time with a predetermined set of payments, which include both the loan and interest. A mortgage boot occurs when the exchanger reduces a loan or debt from one property to the other.

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