Missed depreciation is common on rental real estate. Prior owners, incomplete fixed-asset lists, and skipped cost segregation work leave basis on the table. You do not always need to amend every prior return to fix it.
Depreciation Basics
Depreciation lets you deduct the cost of qualifying property over its recovery period. That reduces taxable income for the years the deduction applies.
Residential rental property generally depreciates over 27.5 years. Commercial real property generally depreciates over 39 years. Components may have shorter recovery periods when the facts and classifications support them.
Why Amending Is Not Always Required
Amending prior returns adds paperwork and delay. In many cases, a catch-up approach on the current return is the cleaner path when the rules allow it. The idea is to get the depreciation method and amounts onto the current return rather than rebuilding every closed year by amendment.
Ways Investors Catch Up Or Reset Schedules
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Section 481(a) adjustment on Form 3115. You file Form 3115 (Application for Change in Accounting Method) with your current-year return to switch from an impermissible method (no depreciation or wrong method) to the correct one. The cumulative depreciation you should have taken in prior years is reported as a negative Section 481(a) adjustment on the current return — no amended returns needed. For a negative adjustment (one that reduces income), the full amount is taken in the year of change, not spread over multiple years. Whether the full deduction is usable that year still depends on basis, at-risk, and passive-activity limits. Form 3115 only works once you've adopted an impermissible method, which generally means filing two or more returns with the wrong depreciation. If only one return has been filed wrong, the fix is usually an amended return, not Form 3115.
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Cost segregation study. A study can reclassify eligible building components into shorter recovery periods. That can increase current depreciation and support a catch-up analysis when prior years used a slower schedule. The study is support for classification. It is not a substitute for the tax-method rules.
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1031 exchange. A 1031 exchange defers qualifying gain when you reinvest under the statutory rules. It also forces a fresh look at basis and depreciation on the replacement property. It is not itself a catch-up for missed deductions on the relinquished property. Treat it as a separate planning question.
What To Do Next
Claiming missed depreciation is about getting the schedule right and applying the catch-up rules that fit your facts. Section 481(a) adjustments, cost segregation support, and exchange planning each play a different role. Have a tax professional review the fixed-asset history before you change a method or file a catch-up position.
If you think prior depreciation was incomplete, bring the depreciation schedules, closing statements, and any prior studies to LaviCPA for a review. Contact LaviCPA
