Depreciation and Contract for Deed

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  • tonia2021
    Senior Member
    • Mar 2007
    • 119

    #1

    Depreciation and Contract for Deed

    I have a client that is purchasing a building for his business through a contract for deed. When can the client begin depreciating the building? After it is paid in full, or while payments are being made?
  • fliszt
    Senior Member
    • Jun 2005
    • 518

    #2
    I believe

    depreciation begins when the building is placed in service based on LCMV. The "interest" on the CD would be expensed annually.

    Comment

    • NPH
      Member
      • Dec 2006
      • 52

      #3
      I believe

      It is based on the historic costs (original costs).

      Comment

      • taxxcpa
        Senior Member
        • Nov 2007
        • 978

        #4
        Contract for deed

        Although the deed is not issued, it should still qualify to be depreciated. I sold a house with a contract for deed and the purchaser was able to qualify for a homestead exemption for his Real Property tax.

        Comment

        • les grans
          Senior Member
          • Jun 2007
          • 155

          #5
          "Contract for Deed" is an installment sale IIRC

          When a sale is "by contract for deed" the tax law considers it to be a sale, as long as all the "benefits and burdens" of the property have been transferred to the purchaser. In this case, it's *only* the title to the property that hasn't transferred, and that's not enough - according to the IRS - to treat the transaction as anything other than a sale. The installment method of taking the gain from the sale into account doesn't change that result, either. The purchaser should be using his purchase price - whether paid or not - as the tax basis of the property for all tax purposes, such as depreciation.

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