Casualty Loss Can Generate Massive Tax Deductions

A casualty loss may occur as a result of a flood,hand offered by congress and take the tax
hurricane, tornado, mudslide or other natural disaster.deduction.
The intuitive thought pattern is: “My apartmentCost segregation produces tax deductions and
complex worth $5,000,000 suffered major damagereduces federal income taxes across the country and
totaling $1,500,000 for repairs and rent loss.in every size market. Below are just a few examples
Fortunately, I was completely covered for bothof cities where cost segregation generates
physical damage and rent loss, other than a smallmeaningful tax deductions.
deductible. There is clearly no casualty loss I can claimCity:
as a tax deduction, right?”Memphis, TN
Tax deductions are the basis for tax reduction. TaxSan Francisco, CA
deductions reduce taxable income but do not directlyNew Orleans, LA
reduce federal income taxes. For example, $100,000New York, NY
of tax deductions reduces federal income taxes byHartford, CT
$35,000 ($100,000 X 35%), assuming a 35% tax rate.Las Vegas, NV
Most tax deductions require a cash expenditureLos Angeles, CA
(labor, material, supplies, utilities, etc). A current periodAtlanta, GA
cash expenditure is not required for some real estateOrlando, FL
tax deductions and may not be required for aMiami, FL
casualty loss.Louisville, KY
Most real estate owners and investors do notSalt Lake City, UT
consider casualty losses as a source of taxBoise, ID
deductions. Few investors claim the casualty loss taxLakeland, FL
deduction the federal income tax code allows them.Wichita, KS
Let’s review the criteria for a casualty loss taxMcAllen, TX
deduction and the thought process regardingColumbus, OH
acquisition of a property that has suffered a casualty.Ft. Lauderdale, FL
Real estate owners suffer a casualty loss when theSan Antonio, TX
market value immediately after the casualty plusDurham, NC
insurance proceeds is less than the market valueAllentown, PA
immediately before the casualty. The complex issue isYoungstown, OH
how to value the property immediately after theLittle Rock, AR
casualty. Let’s consider a 1-story suburban officeGreensboro, NC
park in Mississippi which suffered 3-feet of floodingGreenville, SC
due to Hurricane Katrina. Let’s further assume: 1)Kansas City, MO
8 feet of sheet rock must be replaced in the entireRaleigh, NC
property to rebuild, 2) although the property wasSan Jose, CA
90% occupied before the flood, occupancy isPalm Bay, FL
expected to only be 5% while rebuilding occurs, 3)Honolulu, HI
stabilized occupancy after renovation is not clear>/p>
since some businesses may not return, 4)Cost segregation produces tax deductions for
construction will take 12-18 months due to the laborvirtually all property types, including the following:
constraints and 5) the owner has casualty insuranceProperty Type:
to rebuild but did not have rent loss/businessRegional mall
interruption insurance.Service station
It is clear the market value after the casualty is lessDrugstore
than the market value before the casualty lessNight club
construction costs. Other factors to consider are:Supermarket
rent loss, market risk that not enough tenants will beRacket club
available after construction is completed, cost ofAuto service garage
construction management, a illiquid market with fewAirplane hangar
buyers just after the casualty, construction risk,Nursing home
interest rate risk (rates could rise during theSubsidized housing
construction period negatively affecting value), riskAlmost every industry, including the following, can
that operating expenses could increase during thegenerate cost-efficient tax deductions by using cost
construction period (perhaps insurance) andsegregation.
compensation for entrepreneurial effort to induce aIndustry:
buyer to coordinate labor capital, management andNondurable good wholesalers
compensation for capital during the reconstructionDurable good wholesalers
and releasing process.Day care facilities
A careful analysis by an appraiser might show theComputer and electronic manufacturing
improvements have no value after the flood. InHealth care facilities
appraisal assignments performed by the writer, aChemical manufacturing
casualty loss of 10-30% of the market value beforePrinting activities
the casualty has occurred (in a straight-forward,Warehousing and storage
defensible analysis) is typical. This can generate aElectronic and appliance stores
meaningful casualty loss (and tax deduction).Apparel manufacturing
For example, a property with a market value ofThe appraisal division of O’Connor & Associates
$5,000,000 suffers a 30% casualty loss. While theis a national provider of commercial real estate
casualty is a serious hardship for the owners, theappraisal services including cost segregation studies,
$1,500,000 ($5,000,000 X 30%) tax deduction willdue diligence, insurance valuations, feasibility studies,
mitigate the financial loss.financial modeling, gift tax valuations, commercial real
Congress provided a casualty loss tax deduction toestate appraisal, highest and best use analyses,
encourage investment in real estate. If you have thecasualty loss valuations and HUD map market studies.
misfortune to suffer a casualty loss, take the helping