Client Profile

IndustryMultifamily Real Estate Investor
Property48-Unit Apartment Complex
Purchase Price$4,800,000
StateAlabama
Key MetricREPS + Grouping Election
Year-One Tax Savings$340,000

The Problem

This investor had recently acquired a 48-unit apartment complex for $4.8 million ($3.84 million allocated to the building). The investor's spouse managed the property full-time while the investor operated a separate business generating $900,000 in annual income. The prior accountant had placed the building on a standard 27.5-year MACRS schedule, producing annual depreciation of only $139,600.

More critically, the prior accountant had classified all rental income and losses as passive — the depreciation deductions were trapped. The accountant had not evaluated REPS under IRC §469(c)(7).

AE Tax Strategy

1. Cost Segregation Study Under IRC §168

We commissioned a detailed cost segregation study. The study reclassified $1,344,000 (35% of building basis) from 27.5-year property to shorter recovery periods: $576,000 to 5-year property, $230,000 to 7-year property, and $538,000 to 15-year property. First-year depreciation increased from $139,600 to approximately $945,000.

2. Real Estate Professional Status Under IRC §469(c)(7)

We documented that the investor's spouse spent over 1,800 hours per year managing the complex and two smaller rentals, exceeding the 750-hour threshold. With REPS status established, all rental losses became non-passive.

3. Grouping Election Under IRC §469

We filed a grouping election to treat all rental properties as a single activity, ensuring the massive accelerated depreciation could offset active business income.

Year-One Tax Savings: $340,000

Before & After Comparison

CategoryBeforeAfterBenefit
Year 1 Depreciation$139,600$945,000+$805,400
Loss ClassificationPassive (suspended)Non-Passive (usable)Losses unlocked
Active Income Offset$0$900,000$900,000
Year-One Tax Savings$0$340,000$340,000

Key Takeaways

  • Multifamily properties have significant cost segregation potential due to unit-level components that qualify for 5-year recovery periods.
  • Real Estate Professional Status through a qualifying spouse allows rental losses to be treated as non-passive on a joint return.
  • A grouping election consolidates multiple properties into a single activity for material participation and loss aggregation.
  • The combination of cost segregation and REPS status is one of the most powerful legal tax reduction strategies available to real estate investors.