Yes, and inherited property is frequently a better candidate than a purchase, for a reason most heirs never hear. The stepped-up basis under IRC Sec. 1014 resets the property's basis to fair market value at the date of death, and depreciation starts over from that new number.

An heir inheriting a property their parent had nearly fully depreciated gets a fresh, much larger depreciable basis. A cost segregation study on that basis produces a large deduction on a property that had stopped generating any.

The Step-Up Resets Everything

Under IRC Sec. 1014(a), the basis of property acquired from a decedent is its fair market value on the date of death, or on the alternate valuation date if elected.

Prior depreciation disappears. The decedent's accumulated depreciation does not carry over, and there is no recapture at death. This is the single most powerful provision in the code for real estate held long term.

A property purchased for $260,000 in 1994, depreciated to a $40,000 adjusted basis, and worth $920,000 at the owner's death passes to the heir with a $920,000 basis. The $880,000 of appreciation and the $220,000 of accumulated depreciation both vanish for income tax purposes.

The heir then allocates the new basis between land and building and begins a new depreciation schedule.

The New Depreciation Schedule

Depreciation restarts under IRC Sec. 168 as though the heir placed the property in service on the date of death, using the full recovery period. Residential rental restarts at 27.5 years. Nonresidential restarts at 39.

This is worth emphasizing. The heir does not inherit the decedent's remaining recovery period. A property with three years left on a 27.5-year schedule in the decedent's hands starts a fresh 27.5 years in the heir's hands.

On the example above, with $920,000 stepped-up basis and $170,000 allocated to land, the heir has $750,000 of depreciable basis producing $27,273 of annual depreciation on a property that was generating almost none.

Why the Study Is Especially Valuable Here

The stepped-up basis is generally much higher than the decedent's original cost, which means the reclassified components are proportionally larger.

A study reclassifying 24% of a $750,000 depreciable basis produces $180,000 of bonus eligible property. The same property studied by the decedent decades ago at a $220,000 depreciable basis would have produced $52,800.

The components must be valued as of the date of death, not as of the original construction. This is a valuation exercise and requires an engineering-based study rather than a rule of thumb, since the appraisal establishing date-of-death value typically does not break out components.

Where a formal appraisal was obtained for estate purposes, it becomes a useful starting point and helps establish the total, but the component allocation still requires the study.

The Bonus Depreciation Question

Property acquired from a decedent has a basis determined under IRC Sec. 1014, which is not a carryover basis. The heir did not previously use the property.

Where the heir was not previously an owner or user, the components generally qualify as used property eligible for bonus depreciation under IRC Sec. 168(k)(2)(E)(ii).

Where the heir already owned an interest in the property, for example as a co-owner with the decedent, prior use may be attributed and the analysis becomes more nuanced. Only the stepped-up portion attributable to the decedent's interest would be newly acquired.

Community property adds a favorable wrinkle. Under IRC Sec. 1014(b)(6), both halves of community property receive a step-up when one spouse dies, not just the decedent's half. A surviving spouse in a community property state gets a full step-up on the entire property, which is substantially better than the half step-up available in a common law state.

Timing and the Estate Return

The date-of-death value is established through the estate. Where a federal estate tax return is filed, IRC Sec. 1014(f) requires consistency between the basis claimed by the heir and the value reported on the estate return.

Where no estate return is required, which is the case for most estates given the current exclusion, the heir should still obtain a qualified appraisal as of the date of death. Reconstructing that value years later is difficult and invites challenge.

This is the single most important action item for an heir. Get the appraisal at the time. It costs a few thousand dollars and establishes the number every future deduction depends on.

Passive Loss Considerations

The deduction from a study on inherited property is subject to the same passive activity rules under IRC Sec. 469 as any rental. An heir with a W-2 job and no real estate professional status will suspend the loss.

There is a separate rule worth knowing. Under IRC Sec. 469(g)(2), suspended passive losses of the decedent are allowed on the decedent's final return, but only to the extent they exceed the step-up in basis. Because the step-up is usually large, most of the decedent's suspended losses are eliminated rather than deductible.

That is a planning point for the decedent, not the heir. An owner with large suspended passive losses and advanced age should consider whether triggering those losses through a disposition during life produces a better result than losing them at death.

Worked Example: Inherited Rental Portfolio

An heir inherits three rentals from a parent who bought them between 1996 and 2004. The parent's combined adjusted basis was $186,000 after decades of depreciation. Date-of-death appraised value is $2,340,000.

The heir obtains qualified appraisals establishing the $2,340,000 value and the land allocation of $445,000, leaving $1,895,000 of depreciable basis across the three properties.

Straight-line depreciation alone on the new basis is $68,909 annually, against roughly $4,000 the parent had been claiming.

Cost segregation studies performed as of the date of death identify $492,700 of five-year and 15-year components, 26% of depreciable basis. All of it is bonus eligible under IRC Sec. 168(k).

First-year depreciation is approximately $528,000. The heir's spouse qualifies as a real estate professional and the aggregation election is made, so the loss is non-passive.

At a combined 37% marginal rate, the first-year benefit is roughly $195,000, on properties that had been generating almost no deduction in the parent's hands.

Frequently Asked Questions

Can I do a cost segregation study on property I inherited?

Yes, and it is often unusually valuable. The stepped-up basis under IRC Sec. 1014 resets depreciable basis to date-of-death fair market value, which is typically far higher than the decedent's remaining basis, so the reclassified components are proportionally larger.

Does the depreciation schedule start over when I inherit?

Yes. Depreciation restarts under IRC Sec. 168 as though you placed the property in service on the date of death, using the full recovery period. You do not inherit the decedent's remaining schedule or accumulated depreciation.

Is inherited property eligible for bonus depreciation?

Generally yes. Basis determined under IRC Sec. 1014 is not carryover basis, and if you did not previously use the property, the components qualify as used property under IRC Sec. 168(k)(2)(E)(ii). Prior co-ownership complicates this and should be reviewed.

What if no estate tax return was filed?

You still need a qualified appraisal as of the date of death. Most estates are below the filing threshold, but the date-of-death value is the foundation of every future deduction. Obtaining it at the time costs a few thousand dollars. Reconstructing it later is difficult and invites challenge.

What happens to the decedent's suspended passive losses?

Under IRC Sec. 469(g)(2) they are allowed on the final return only to the extent they exceed the step-up in basis. Because the step-up is usually large, most suspended losses are eliminated. This is a reason for an aging owner with large suspended losses to plan during life.

Related Reading


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