The content on this page is general in nature and is not legal advice because legal advice, by definition, must be specific to a particular set of facts and circumstances. No person should rely, act, or refrain from acting based upon the content of this blog post.


How to Properly Allocate Depreciation in a Mixed-Use Property

Wireless keyboard and pieces of paper showing graphs and data

Understanding Mixed-Use Properties

Mixed-use properties are real estate holdings that serve both residential and commercial purposes. These properties are increasingly popular in urban and suburban areas, offering flexibility and maximizing the utility of the land. For tax purposes, understanding how to allocate depreciation correctly in these properties is crucial to comply with IRS regulations and optimize your tax benefits.

Properly managing depreciation for a mixed-use property can be complex due to the dual nature of the property. Each section of the property, whether residential or commercial, has different tax treatment requirements. Therefore, accurate allocation is essential to avoid costly errors and ensure compliance with tax laws. This requires a clear understanding of the property’s layout and usage to appropriately apply the respective depreciation schedules.

Identifying the Residential and Commercial Portions

The first step in allocating depreciation is to clearly identify and separate the residential and commercial parts of the property. This involves a detailed analysis of the physical layout, usage patterns, and any relevant zoning laws. The IRS requires that these portions be distinctly defined to apply the correct depreciation method. Typically, residential portions are depreciated over 27.5 years, while commercial portions are depreciated over 39 years.

Consider consulting with a property appraiser or a tax professional to assess the property accurately. Their expertise can help in providing a reliable basis for the allocation, ensuring that the separation of the property into its respective parts is done with precision. This step is critical as it forms the groundwork for the subsequent allocation of depreciation expenses.

Applying the Correct Depreciation Method

Once the property is divided into residential and commercial sections, the next step is to apply the appropriate depreciation method to each section. For the residential part, the Modified Accelerated Cost Recovery System (MACRS) is used, which typically spans 27.5 years. Conversely, the commercial section follows a 39-year MACRS schedule. It is important to follow these guidelines to comply with IRS rules and maximize potential deductions.

Ensure that each portion of the property is recorded accurately in your financial records. This includes maintaining detailed documentation of the property’s purchase price, the assessed value of each section, and any capital improvements. Such records are vital for substantiating your depreciation claims during an IRS audit, providing clear evidence of the allocation and application of the respective depreciation methods.

Calculating the Depreciation Expense

To calculate the depreciation expense correctly, you must determine the cost basis of each portion of the property. This involves allocating the original purchase price, plus any capital improvements, between the residential and commercial sections based on their respective values. The cost basis is then multiplied by the applicable depreciation rate to determine the annual depreciation expense.

It is advisable to use professional accounting software or consult a CPA for these calculations. The complexity of mixed-use property depreciation necessitates precise calculations to avoid discrepancies. By ensuring accuracy in these calculations, you safeguard against potential penalties and enhance your tax planning strategy.

Maintaining Accurate Records

Accurate and thorough record-keeping is essential for managing depreciation in mixed-use properties. This includes maintaining records of purchase agreements, receipts for improvements, property tax assessments, and any documents related to zoning classifications. These records substantiate the allocation of costs and the application of depreciation methods, serving as critical evidence in the event of an IRS audit.

In addition to physical documents, it is beneficial to maintain digital records, backed up regularly to prevent data loss. Implementing a robust record-keeping system will facilitate easier access to necessary documents, ensuring you remain organized and prepared for any inquiries from tax authorities.

Consulting with a Tax Professional

Given the complexities associated with mixed-use property depreciation, it is highly recommended to consult with a qualified tax professional or CPA. Their expertise can provide invaluable guidance in navigating the nuances of tax regulations, ensuring compliance, and optimizing tax benefits. A tax professional can assist in accurately assessing the property, applying the correct depreciation methods, and maintaining comprehensive records.

By leveraging professional advice, you can minimize errors and maximize the potential tax advantages associated with mixed-use properties. For further reading on this topic, consider resources from the IRS or consult publications from organizations such as the American Institute of CPAs.

Next Steps

Please use the button below to to set up a meeting if you wish to disucss this matter. When addressing legal and tax matters, timing is critical; therefore, if you need assistance, it is important that you retain the services of a competent attorney as soon as possible. Should you choose to contact me, we will begin with an introductory conference—via phone—to discuss your situation. Then, should you choose to retain my services, I will prepare and deliver to you for your approval a formal representation agreement. Unless and until I receive the signed representation agreement returned by you, my firm will not have accepted any responsibility for your legal needs and will perform no work on your behalf. Please contact me today to get started.

Book a Meeting
As the expression goes, if you think hiring a professional is expensive, wait until you hire an amateur. Do not make the costly mistake of hiring an offshore, fly-by-night, and possibly illegal online “service” to handle your legal needs. Where will they be when something goes wrong? . . . Hire an experienced attorney and CPA, knowing you are working with a credentialed professional with a brick-and-mortar office.
— Prof. Chad D. Cummings, CPA, Esq. (emphasis added)


Attorney and CPA

/Meet Chad D. Cummings

Picture of attorney wearing suit and tie

I am an attorney and Certified Public Accountant serving clients throughout Florida and Texas.

Previously, I served in operations and finance with the world’s largest accounting firm (PricewaterhouseCoopers), airline (American Airlines), and bank (JPMorgan Chase & Co.). I have also created and advised a variety of start-up ventures.

I am a member of The Florida Bar and the State Bar of Texas, and I hold active CPA licensure in both of those jurisdictions.

I also hold undergraduate (B.B.A.) and graduate (M.S.) degrees in accounting and taxation, respectively, from one of the premier universities in Texas. I earned my Juris Doctor (J.D.) and Master of Laws (LL.M.) degrees from Florida law schools. I also hold a variety of other accounting, tax, and finance credentials which I apply in my law practice for the benefit of my clients.

My practice emphasizes, but is not limited to, the law as it intersects businesses and their owners. Clients appreciate the confluence of my business acumen from my career before law, my technical accounting and financial knowledge, and the legal insights and expertise I wield as an attorney. I live and work in Naples, Florida and represent clients throughout the great states of Florida and Texas.

If I can be of assistance, please click here to set up a meeting.



Read More About Chad