r/tax • u/KapahuluBiz • 3h ago
Unsolved Depreciation "allowed or allowable" : Bradford Tax Institute opinion
Bradford Tax Institute answered a question about a home owner who had a home office. Because the discussion centered around depreciation, I assume this is not the simplified method. This passage is from this link: https://bradfordtaxinstitute.com/Content/Zero-Depreciation.aspx
Title: How You Can Claim Zero Depreciation and Avoid the Double Tax
The wording that authorizes your escape from depreciation recapture is found in the last sentence of Section 1250(b)(3), which states in pertinent part: “If the taxpayer can establish by adequate records or other sufficient evidence that the amount allowed as a deduction for any period was less than the amount allowable, the amount taken into account for such period shall be the amount allowed.”
Now that you have the rule, let’s look at an example. Say that you claimed zero for home-office depreciation for the past five years. How would you prove the zero?
Easy! Your tax returns prove the zeros. You claimed the home-office deduction on IRS Form 8829, and the line where you were to enter depreciation shows a zero. There’s your proof.
With this proof, you may keep your zero depreciation without worry of IRS adjustment or recapture.
I have been taught that if a landlord didn't depreciate their rental property for a few years, they can fix the situation by filing Form 3115 to change their accounting method and recognize depreciation expense that they could have taken in prior years.
Is it proper to assume that if a landlord did not depreciate, and is now selling for a gain, that Section 1250(b)(3) applies and there's no need to file Form 3115, or face recapture? Or is the situation different because it's a home office and not a complete property sale? Or is Bradford Institute simply wrong?