Investor Education

Cost Segregation,
In Plain English

What it is, what it saves you, the rules, the catches, and what we need from you — written so nothing is hidden and nothing is a surprise later.

One-line version: A cost segregation study lets you take a large chunk of a building’s depreciation now instead of spread thinly over decades — putting cash back in your pocket sooner. It is a timing benefit, not free money, and it comes with rules and trade-offs you should understand before we begin.

1

What it actually is

Normally a building is written off (“depreciated”) very slowly — 27.5 years for residential rentals, 39 years for commercial. A cost segregation study uses an engineering analysis to break the building into smaller parts — flooring, appliances, cabinets, wiring, landscaping, parking, fixtures — that the IRS allows you to depreciate much faster, over 5, 7, or 15 years.

Faster write-off means bigger deductions in the early years, lower taxable income now, and more cash in hand today.

2

The benefit, in numbers

3

Bonus depreciation — the rate is locked to one date

Bonus depreciation lets you deduct a percentage of the fast-life parts immediately in year one. The percentage is set by the year the property was first placed in service — not the year you do the study.

Property placed in serviceBonus rate
Sept 28, 2017 – Dec 31, 2022100%
202380%
202460%
Jan 1 – Jan 19, 202540%
After Jan 19, 2025 — new law, permanent100%

The 2025 tax law (the “One Big Beautiful Bill”) restored permanent 100% bonus depreciation for property placed in service after January 19, 2025. Older buildings keep their own placed-in-service year’s rate — which, for anything placed in service in 2017–2022, is also 100%.

4

You can do it on an older building (the look-back)

You do not have to do this in the year you buy. For a property you have owned for years, we do not amend old returns. Instead your CPA files Form 3115 (a change in accounting method) and takes a 481(a) catch-up adjustment — meaning all the accelerated depreciation you missed in prior years is deducted in one lump on the current year’s return.

5

Timing rules

6

Who is allowed to perform it

7

Benefits, trade-offs & must-know risks

Benefits

  • Large deduction pulled into the early years
  • More cash now — reinvest or pay down debt
  • Works on older buildings via the look-back
  • Can offset income if you meet the participation rules

Trade-offs

  • It is a deferral, not permanent forgiveness
  • There is a study fee (see section 8)
  • Smaller future depreciation in later years
  • More detail to document and defend

Must-Know Risks

  • Recapture on sale — some tax comes back
  • Passive-loss limits may delay your benefit
  • Short hold shrinks the net gain
  • Aggressive studies draw IRS scrutiny
8

The catches — please read twice

It is a deferral, not a windfall — and it comes back on sale (“recapture”)

Cost seg moves your deductions earlier; it does not erase tax. When you sell, the depreciation you took is “recaptured”:

• The fast 5/15-year parts (Section 1245) are recaptured at your ordinary income rate (up to 37%).
• The building itself (Section 1250) is “unrecaptured gain,” taxed at up to 25%.

The win is the time value of money — you hold the cash for years before paying it back. A 1031 exchange can defer recapture if you roll into another property.

Where the real benefit actually is — money that would have vanished, now compounding for you

Think about the tax you do not pay this year as money that would have gone to the government and you would never have seen again. Cost seg keeps it in your hands — and you put it to work controlling a large, appreciating asset. The benefit was never the deduction itself; it is the years of growth on money you would otherwise have handed over.

Leverage multiplies it. Borrow as much as you safely can: a modest down payment controls a much bigger building, you depreciate the whole purchase price — not just your cash — and you earn the appreciation on the entire asset, while the deferred tax quietly helps fund the position.§168(k)

The endgame: swap, hold, reset — how the deferral can become permanent

Recapture is only owed when you sell. So the play is to not sell — trade up instead, hold for life, and let your heirs start clean:

1. Trade up with a 1031 exchange. When you are ready to move on, roll the proceeds into another like-kind property. A 1031 exchange defers both the capital gain and the building’s depreciation recapture — no tax due now. You can keep doing this into bigger and bigger buildings (“swap till you drop”).§1031

2. Hold it until you pass it on. When the property transfers to your heirs at death, their cost basis steps up to the building’s fair-market value on the date they receive it. Every dollar of deferred gain and recapture you carried — both the fast 1245 parts and the 1250 building — is permanently erased, never taxed.§1014

3. The clock resets to zero. Your heirs begin a brand-new depreciation schedule from that stepped-up value — they can run their own cost segregation study and start the entire play over, from the building’s value the day they inherit it.

The honest caveats: this only works if you hold until death — sell during life and the tax comes due. A 1031 has strict 45-day and 180-day deadlines and must run through a qualified intermediary; the fast 1245 portion needs careful structuring (recent IRS regulations treat most cost-seg components as real property, which helps); and §1031 and §1014 are current law that Congress can change. Your CPA and estate attorney build this — it is not a do-it-yourself move.

You may not be able to USE the deduction this year (passive-loss rules)

Rental losses are usually passive and can only offset passive income — not your W-2 or business income — unless you qualify as a Real Estate Professional and materially participate. If you do not qualify, the deduction is not lost; it carries forward until you have passive income or sell.

To qualify, one person must meet both tests in the same year:

• More than 750 hours in real estate trades/businesses (about 14.4 hours every week, all year), and
• More than half of all your working hours that year are in those real estate activities.

Hours that count: managing tenants, repairs/maintenance you do or directly supervise, showings, advertising, tenant screening, overseeing contractors, acquiring property. Hours that do not count: reviewing financials, market research, ROI spreadsheets, arranging financing, education and seminars. Employee hours do not count unless you own more than 5% of the employer. On a joint return, the two spouses’ hours cannot be combined to pass the tests. Keep a contemporaneous time log — the IRS audits this aggressively.

A short hold period shrinks the benefit

If you plan to sell soon, much of the accelerated deduction comes right back as recapture, so the net benefit is smaller. Cost seg works best when you will hold the property several years.

9

Cost of the study & payoff

A study for a small multifamily typically runs about $3,000–$6,000; larger or commercial properties cost more. In most cases the first-year tax savings far exceed the study fee — but this is confirmed property-by-property, never assumed.

10

What we need from you

I’ve Been Told Everything

By signing below, I confirm I have read and understood each of the following:

I understand cost segregation is a timing / deferral benefit, not free money.
I understand depreciation recapture applies when I sell (ordinary rates on the fast parts; up to 25% on the building).
I understand I may not be able to use the deduction this year unless I meet the passive-loss / Real Estate Professional rules, and that it may carry forward.
I understand the Real Estate Professional test (750+ hours, about 14.4 hrs/week, AND more than half my working time) and the need for a contemporaneous time log.
I understand the bonus depreciation rate is set by my property’s placed-in-service year.
I understand a short hold period reduces the net benefit.
I understand the 1031 + step-up strategy can defer tax now and erase it at death, but only if I hold until death and follow the 1031 rules, and that it depends on current law.
I understand there is a study fee and that savings are not guaranteed.
I understand this brief is not tax advice and that final results must be confirmed by my CPA.
Client signature
Printed name
Date

Sources

IRS Publication 925 — Passive Activity & At-Risk Rules
irs.gov/publications/p925
IRC §469(c)(7) — Real Property Trades or Businesses
law.cornell.edu · 26 U.S.C. 469
IRS Cost Segregation Audit Techniques Guide
irs.gov · ATG Chapter 4
IRS guidance on the One Big Beautiful Bill (bonus depreciation)
irs.gov · OBBB depreciation guidance

This document is a plain-English education summary, not tax or legal advice. Tax law changes and every situation differs. Final numbers, eligibility, Form 3115 preparation, and how the deduction interacts with your overall return must be reviewed and signed off by your CPA or tax advisor. No specific dollar savings or audit outcome is guaranteed. © 2026 The Neuman Group.

Questions Before You Decide?

We will walk you through every line of this brief and connect the numbers to your specific property — before you commit to anything.

Beyond This Page

More Tax-Mitigation Techniques

An additional $100,000+ a year in write-offs. Portfolios built for your family. Some strategies we only walk through one-on-one.

Call (561) 359-1115

Ask for Daniel Kalina