The CARES Act handed commercial real estate these three tax benefits.
– Net Operating Losses , the Tax Cut Jobs Act (TCJA) of 2017 limited net operating losses to 80%, and you could only offset future profits not previous years. The CARES Act. Now allows you to write off net operating losses going back five years. It created an instant refund for some real estate companies , so the IRS is expecting a big flood of refunds resulting.
– Qualified Improvement to Properties (QIP), the TCJA allowed $10 million accelerated depreciation, BUT when they came to write the bill they forgot to put in it. And the bill was written to allow over 39 years. Due to partisan politics they weren’t willing to come back and fix it, but the CARES Act. took care of it (excuse the pun). This is for commercial non-residential property only. So, if you’ve made a $10 million improvement, you can write it off that year. So that’s a huge bonus.
– Interest expense limitation – the TCJA limited deductibility to between 30-50% of interest expense. That was painful for highly leveraged real estate. You could have made an election as to whether you want it to cap your interest expense, or to use your qualified improvement accelerated depreciation. The CARES Act. allows you to change your election retroactively for 2018 and 19.
You can now go back and see if it was better to use the QIP accelerated depreciation or to cap your interest expense, and then you can make the election going forward, so you’re getting the best of both worlds. Plus its very unusual for the IRS to allow you to change an election in the past.
The optimal solution is based on the holding period of the property and there are a lot of combinations, but commercial non-residential real estate certainly has benefited immensely from the CARES Act.
https://insights.christinala.com/news/the-cares-act-handed-cre-these-3-wish-list-tax-benefits
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