Cost Segregation Glossary

The terms a cost segregation study uses. Each legal term carries one statement checked against its primary source, with the citation beside it, and a link to the full rule; the three positions are our own definitions.

The Study

Cost segregation

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Cost Segregation Audit Techniques Guide

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Conservative
  • The lowest of the three shares of the building basis that our estimate moves to shorter depreciation lives. Source: SmartCostSeg definition

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Middle of the Road
  • The middle of the three shares of the building basis that our estimate moves to shorter depreciation lives. Source: SmartCostSeg definition

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Aggressive
  • The highest of the three shares of the building basis that our estimate moves to shorter depreciation lives. Source: SmartCostSeg definition

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Land allocation
  • The three positions describe the building only. Land is carved out first and never depreciates, so the less of the price assigned to land, the more there is to depreciate: a low land value is the aggressive land position and a high land value is the conservative one. Source: SmartCostSeg definition

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Land improvements

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Qualified improvement property
  • Qualified improvement property is an improvement made by the taxpayer to the interior of a nonresidential building, placed in service after the building was first placed in service. It does not include enlarging the building, elevators or escalators, or the internal structural framework. Source: IRC section 168(e)(6)

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Depreciation

5, 7 and 15 year property
  • Under the general rule in section 168(e), property is 5 year property if its class life is more than 4 but less than 10 years, 7 year property if its class life is 10 or more but less than 16 years, and 15 year property if its class life is 20 or more but less than 25 years. The Code puts some property in a class by name, and property with no class life that is not otherwise classified is 7 year property. Source: IRC section 168(e)(1) and (e)(3)(C)(v)

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Residential rental property
  • A building is residential rental property only if 80 percent or more of its gross rental income is from dwelling units. A dwelling unit does not include a unit in a hotel, motel or other establishment where more than one half of the units are used on a transient basis. Section 168 does not define transient basis or state a number of days. Source: IRC section 168(e)(2)(A)(i) and (ii)(I)

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Placed in service

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Bonus depreciation

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Qualified property
  • Bonus depreciation can apply to property that has a recovery period of 20 years or less, as long as the property also meets the other tests, such as the original use or used property rule. That covers the 5 year, 7 year and 15 year components a cost segregation study identifies. It does not cover the 27.5 year or 39 year building itself. Source: IRC section 168(k)(2)(A)(i)(I)

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Written binding contract
  • Under the existing regulations that the notice carries forward, the acquisition date of property bought under a written binding contract is the latest of these dates: when the contract was entered into; when it became enforceable under state law; if the contract has cancellation periods, when all of them ended; and if the contract has contingency clauses, when all conditions subject to those clauses were satisfied. The regulation defines a contingency clause as one that provides for a condition or action within the control of any party or a predecessor. Source: Treas. Reg. section 1.168(k)-2(b)(5)(ii)(B), as described in IRS Notice 2026-11 section 2.03(2)(b) and applied by section 3.03

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When You Sell

Section 1245 property
  • Section 1245 property is depreciable personal property plus certain other listed property. It generally does not include a building or its structural components. Since the 2025 law (Public Law 119-21), section 1245 property also includes qualified production property under section 168(n), which can be a building, when the taxpayer designates and elects it and places it in service after July 4, 2025. When section 1245 property is sold at a gain, the gain is ordinary income up to the depreciation allowed or allowable. Source: IRC section 1245(a)(1) and (a)(3); IRS Publication 544 (2025), chapter 3 and What's New

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Section 1250 property

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Unrecaptured section 1250 gain
  • The part of a long term gain on real property that comes from depreciation and is not recaptured as ordinary income is called unrecaptured section 1250 gain. It is taxed at a maximum rate of 25 percent. Source: IRC section 1(h)(1)(E) and (h)(6); IRS Tax Topic 409

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Catching Up

Change in accounting method

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Section 481(a) adjustment

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Form 3115

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Rentals

Passive activity
  • A passive activity is a trade or business in which the taxpayer does not materially participate, and it includes any rental activity except as provided for real estate professionals. An activity that falls outside the rental definition is tested under the material participation rules instead. Source: IRC section 469(c)(1) and (c)(2)

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Material participation
  • An individual materially participates by meeting any one of seven tests: (1) more than 500 hours; (2) substantially all of the participation in the activity; (3) more than 100 hours and not less than any other individual; (4) significant participation activities totaling more than 500 hours; (5) material participation in any five of the ten preceding tax years; (6) a personal service activity with material participation in any three preceding tax years; (7) regular, continuous and substantial participation on the facts and circumstances. For income and loss from a limited partnership interest, an individual can use only the first, fifth and sixth of these tests. Source: Temp. Treas. Reg. section 1.469-5T(a)(1) through (7) and (e)(1) and (2)

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Average period of customer use
  • Average period of customer use is worked out for each class of property. For a class, it is the total number of days in all periods of customer use divided by the number of those periods, counting only periods that end during the tax year or include its last day. An activity's average period of customer use is the sum of the class averages, each weighted by that class's share of the activity's gross rental income. The rule sits in the final regulation 1.469-1(e)(3)(iii); the matching paragraph of the temporary regulation 1.469-1T is reserved and points to it. Source: Treas. Reg. section 1.469-1(e)(3)(iii)(A) through (C); Temp. Treas. Reg. section 1.469-1T(e)(3)(iii) (reserved)

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Significant personal services
  • An activity is also not a rental activity if the average period of customer use is 30 days or less and significant personal services are provided by or on behalf of the owner. Services similar to those commonly provided with long term rentals, such as cleaning common areas, routine repairs and trash collection, do not count. Source: Temp. Treas. Reg. section 1.469-1T(e)(3)(ii)(B) and (e)(3)(iv)

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Real estate professional
  • A taxpayer meets the real property business tests, often called real estate professional status, for a year if more than one half of the personal services the taxpayer performs in trades or businesses during the year are performed in real property trades or businesses in which the taxpayer materially participates, and the taxpayer performs more than 750 hours of services during the year in those real property trades or businesses. Personal services performed as an employee are not treated as performed in a real property trade or business unless the taxpayer owns more than 5 percent of the employer. On a joint return, one spouse alone must meet both requirements, counting only that spouse's own services, although a spouse's work still counts in deciding whether the taxpayer materially participates in an activity. Meeting the tests only lifts the automatic passive treatment of rental real estate: the taxpayer must still materially participate in each rental real estate activity, or, if the taxpayer elects to treat all interests in rental real estate as one activity, in that single combined activity. Source: IRC section 469(c)(7)(A), (B) and (D)(ii); Treas. Reg. section 1.469-9(c)(4), (c)(5), (e)(1) and (g)

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Transient basis
  • The 30 day figure comes from Treas. Reg. 1.48-1(h)(2)(ii), an investment credit regulation on hotel and motel property, not from section 168. It says accommodations are used on a transient basis if the rental period is normally less than 30 days. Paragraph (h)(1)(i) of the same regulation contains no 30 day language. Source: Treas. Reg. section 1.48-1(h)(2)(ii)

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The rules on this page were checked against their sources on October 1, 2026.

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