---
title: How Smart Real Estate Investors Use Accelerated Depreciation to Attempt to Maximize After-Tax Income
description: Using accelerated depreciation in real estate investing.
image: https://blog.fgg1031.com/hubfs/Depreciation.png
---

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## [How Smart Real Estate Investors Use Accelerated Depreciation to Attempt to Maximize After-Tax Income](https://blog.fgg1031.com/blog/how-smart-real-estate-investors-use-accelerated-depreciation)

Accelerated depreciation can be one of the most powerful tax tools available to real estate investors. By using strategies such as cost segregation and \[...\]

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# How Smart Real Estate Investors Use Accelerated Depreciation to Attempt to Maximize After-Tax Income

By [Paul Getty](https://blog.fgg1031.com/blog/author/paul-getty)

Accelerated depreciation can be one of the most powerful tax tools available to real estate investors.

By using strategies such as cost segregation and bonus depreciation, investors may be able to shift deductions forward, reduce taxable income during the early years of ownership, and improve after-tax cash flow.

But there is an important second half to the strategy.

The deductions taken today can affect the tax consequences when the property is eventually sold.

That means sophisticated investors should not think about accelerated depreciation as a stand-alone tax benefit. They should think about it as part of a complete ownership and exit strategy.

For investors who expect to use a Section 1031 exchange, including those considering Delaware Statutory Trusts, or DSTs, planning ahead can be particularly important.

#### **Why Accelerated Depreciation Can Be So Valuable**

Under traditional depreciation rules, residential rental property is generally depreciated over 27.5 years, while most commercial real estate is depreciated over 39 years.

Cost segregation can accelerate some of those deductions.

A cost segregation study identifies components of a property that may qualify for shorter recovery periods, including certain assets depreciated over five, seven, or fifteen years instead of over the life of the building.

Bonus depreciation may further accelerate eligible deductions, depending on the applicable rules, acquisition date, placed-in-service date, and type of property involved.

The result can be significant.

Instead of waiting decades to recover certain costs through depreciation, an investor may receive much larger deductions in the early years of ownership.

Those deductions can reduce taxable rental income and, depending on the investor’s individual circumstances, improve after-tax cash flow.

This is one reason accelerated depreciation has become such an important part of real estate tax planning.

#### **The Tax Benefit Today Can Create a Larger Gain Later**

Depreciation reduces an investor’s adjusted tax basis.

The more depreciation that is taken, the lower the remaining basis generally becomes.

A lower basis can create a larger taxable gain when the property is ultimately sold.

Consider two investors who each own comparable properties worth $4 million.

One has taken $300,000 of depreciation.

The other has taken $1 million of depreciation through a combination of regular depreciation, cost segregation, and accelerated deductions.

All else being equal, the second investor will generally have a lower adjusted basis and a larger potential gain when the property is sold.

That does not mean the investor made a mistake by accelerating depreciation.

In fact, possibly the opposite.

Receiving deductions sooner has the potential to be extremely valuable because of the time value of money and the ability to retain more capital for investment.

The key is understanding that accelerated depreciation changes the eventual exit analysis.

**Depreciation Recapture Is More Complicated Than Many Investors Realize**

Investors often use the term “depreciation recapture” as though it were a single tax category.

It is not.

Different parts of a property can be subject to different tax rules.

Depreciable real estate may involve Section 1250 rules and unrecaptured Section 1250 gain.

Certain shorter-lived assets identified through cost segregation may be treated as Section 1245 property.

That distinction matters because some Section 1245 depreciation may be subject to ordinary-income recapture rules.

A building that looks like one investment from an economic standpoint may actually consist of multiple tax classifications.

For that reason, investors who have completed cost segregation studies should be especially careful when evaluating a sale.

Before closing, the investor’s tax professional should ideally review the property’s depreciation schedule and determine:

Current adjusted tax basis

Total accumulated depreciation

Section 1245 components

Section 1250 components

Potential recapture

Estimated gain in a taxable sale; and

How those items may be treated in a proposed 1031 exchange

The objective is not simply to calculate how much gain exists. It is to understand what kind of gain exists.

#### **Where a 1031 Exchange Can Fit Into the Strategy**

A properly structured Section 1031 exchange may allow an investor to defer eligible gain when qualifying investment or business real estate is exchanged for qualifying replacement real estate.

This can be especially valuable for an investor who has aggressively depreciated a property and now faces a substantial taxable gain.

Instead of selling the property, paying the tax, and reinvesting the reduced proceeds, the investor may be able to keep more of the equity invested by moving directly into replacement real estate.

That can substantially change the economics of the transaction.

The important point, however, is that a 1031 exchange does not automatically erase every tax consequence associated with prior accelerated depreciation.

The treatment depends on the specific assets involved and the character of the depreciation previously claimed.

For investors who used cost segregation, the accountant should determine whether any Section 1245 recapture or other tax exposure may still arise.

A well-structured exchange may still defer a substantial amount of gain, but the analysis should be completed before the property is sold.

#### **Why DSTs Can Be Attractive Replacement Property**

For many investors, the biggest challenge in completing a 1031 exchange is not deciding whether to defer taxes.

It is finding replacement property.

The investor may no longer want to manage another apartment building, retail property, industrial asset, or other directly owned property.

That is where Delaware Statutory Trusts can become useful.

A properly structured DST may allow an investor to acquire a fractional beneficial interest in institutional-quality real estate that can qualify as replacement property for Section 1031 purposes.

For an investor moving away from active ownership, DSTs may offer several potential advantages:

Professional management;

Access to larger properties;

Reduced day-to-day responsibility;

Diversification across multiple properties;

Diversification across property types;

Diversification across geographic markets; and

The ability to invest precise amounts of exchange proceeds.

DSTs also involve important risks.

They are generally illiquid.

Investors have limited control.

There may be sponsor risk, property risk, financing risk, and significant fees.

They should be evaluated as investments, not simply as tax solutions.

#### **Accelerated Depreciation and the Fully Depreciated Property**

One particularly interesting situation occurs when an investor owns a property that is fully or nearly fully depreciated.

The property may have been held for decades.

It may have appreciated substantially.

Yet it may no longer generate meaningful depreciation deductions.

At the same time, selling it outright could create a very large taxable gain.

This can leave the investor feeling trapped.

But that situation can also create opportunity.

Through a 1031 exchange, the investor may be able to reposition accumulated equity into replacement real estate without first recognizing all of the otherwise taxable gain.

The replacement strategy might include:

Newer properties;

higher-quality properties;

Stronger tenants;

Different geographic markets;

Multiple properties instead of one concentrated asset;

Professionally managed DSTs; or

Properties better aligned with current income and estate-planning goals.

A fully depreciated property therefore should not automatically be viewed as a dead-end tax problem.

It can become a source of capital for the next stage of the investor’s real estate strategy.

#### **The Opportunity to Create New Depreciation**

A 1031 exchange generally does not reset the investor’s entire basis to the full value of the replacement property.

The low basis in the relinquished property generally carries into the replacement investment, subject to the applicable Section 1031 basis rules and adjustments.

That means an investor should not assume that exchanging into a $5 million DST automatically creates a fresh $5 million depreciable basis.

However, additional investment can matter.

If the investor exchanges into higher-value replacement property and contributes additional capital, that additional investment may increase tax basis.

Depending on how the basis is allocated and the depreciation rules that apply, this can create new depreciation opportunities.

For an investor whose existing property is fully depreciated, this can be an important benefit.

The investor may move from a property producing little or no remaining depreciation into replacement property with newly created depreciable basis.

That does not mean all replacement-property basis qualifies for accelerated depreciation.

Land allocations, carryover basis, asset classifications, placed-in-service dates, and individual tax limitations all matter.

Still, the ability to create new basis is one reason the exchange decision should be evaluated strategically rather than viewed merely as a tax deferral exercise.

#### **DSTs May Also Generate Depreciation**

DST investors generally receive their proportionate share of the tax results generated by the underlying real estate.

Depending on the investor’s allocable basis and the property involved, a DST may generate depreciation deductions that help offset taxable rental income.

Some DST sponsors also perform cost segregation studies on the underlying properties.

That may create accelerated depreciation opportunities on qualifying components.

But investors should not assume that every dollar invested in a DST will receive the same deduction.

The actual tax benefit depends on:

The investor’s carryover basis;

Additional basis invested;

Land allocation;

The underlying assets;

Depreciation classifications;

Passive activity limitations;

Basis limitations; and

The tax rules in effect at the time.

Projected depreciation should therefore be evaluated alongside income, property quality, financing, sponsor experience, liquidity, fees, and overall investment risk.

#### **Consider the Return on Today’s Equity**

Another reason investors should revisit long-held real estate is that they often measure performance against original cost rather than current value.

Suppose an investor paid $600,000 for a property many years ago.

Today, the property is worth $3 million and generates $90,000 in annual net income.

The investor may view that as an excellent return because the property was originally purchased for $600,000.

But economically, the investor now has $3 million of equity producing $90,000.

That is approximately a 3% return on current value.

The more useful question is:

**If I had $3 million in cash today, would I buy this same property at its current price?**

If the answer is no, a 1031 exchange may provide an opportunity to reposition that equity into real estate offering a different combination of income, growth, diversification, property quality, and risk.

#### **The Exit Strategy Should Begin Before the Sale**

Accelerated depreciation works best when the investor plans both the acquisition and the exit.

Waiting until the property is already under contract can severely limit flexibility.

In a typical delayed 1031 exchange, replacement property must generally be identified within 45 days after the relinquished property is transferred.

The replacement property generally must then be acquired within 180 days, subject to applicable tax-return deadlines.

Those deadlines can create pressure.

An investor who begins evaluating replacement property only after closing may find themselves making a major investment decision under an artificial time constraint.

Advance planning allows the investor and professional team to evaluate the tax consequences, possible replacement properties, DST alternatives, financing, liquidity needs, and portfolio objectives before the clock starts running.

#### **Coordinate the Tax Strategy With the Investment Strategy**

The best outcomes usually involve coordination among the investor’s tax advisor, attorney, qualified intermediary, and financial professional.

The tax advisor should analyze basis, accumulated depreciation, cost segregation schedules, recapture exposure, and the potential results of both a taxable sale and a 1031 exchange.

The attorney and qualified intermediary should help structure the transaction properly and address exchange requirements and deadlines.

The financial professional should evaluate whether the proposed replacement property makes sense as an investment.

That final point is critical.

Tax deferral alone does not make a bad investment a good one.

An investor should not accept poor property fundamentals, excessive leverage, weak sponsorship, inadequate liquidity, or an unattractive risk-return profile simply to avoid paying taxes.

The goal is not merely to defer tax.

The goal is to improve the overall after-tax investment outcome.

#### **The Bigger Picture**

Accelerated depreciation can provide powerful benefits while an investor owns real estate.

But the strategy should not end with the deduction.

Smart investors also ask what happens when the property is eventually sold.

They understand that accelerated depreciation can lower basis.

They anticipate potential recapture.

They evaluate Section 1031 before the sale.

They consider whether direct real estate, DSTs, or a combination of replacement properties better fits their objectives.

And they look beyond tax deferral to the broader opportunity to reposition capital.

That may mean reducing management responsibilities.

It may mean improving diversification.

It may mean moving into stronger properties.

It may mean creating new depreciation opportunities.

It may mean transitioning accumulated real estate wealth into a portfolio that is better suited for the next phase of life.

Accelerated depreciation can help investors keep more income today.

A well-planned exit strategy may be able to help them preserve more of what they have built tomorrow.

#### **Next Steps**

For more information, please contact our team at [info@firstguardiangroup.com](mailto:info@firstguardiangroup.com) or download our eBook: 

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*This material is for educational purposes only and is not intended as tax, legal, accounting, or investment advice. Tax treatment depends on individual circumstances and applicable law. Investors should consult qualified tax, legal, and financial professionals before implementing any depreciation, cost segregation, Section 1031 exchange, or DST strategy.*

### [Paul Getty](https://blog.fgg1031.com/blog/author/paul-getty)

Paul M. Getty is one of the most experienced 1031 exchange specialists in the United States, with a career in real estate that spans over 35 years and more than $5 billion in commercial transactions across every major asset class. His work covers single-family rentals, apartments, retail, office, multifamily, and student and senior housing, giving him a practical understanding of how different property types perform across market cycles and how investors can move between them using tax-deferred exchange strategies. As President and CEO of FGG1031 | First Guardian Group, Paul advises investors through the full 1031 exchange process, from identifying qualifying replacement properties to structuring acquisitions through Delaware Statutory Trusts (DSTs) and wholly owned real estate. His guidance covers both the compliance requirements of a valid exchange and the investment decisions that determine long-term portfolio outcomes – a combination that is difficult to find in a single advisor. Paul holds a California and Texas real estate broker license and carries Series 22, 62, 63, and 82 securities licenses as a registered representative with Emerson Equity LLC, member FINRA /SIPC. He has represented buyers and sellers across complex commercial transactions, sourced and structured debt and equity, and worked alongside nationally recognized firms including Marcus Millichap, CBRE, JP Morgan, and Morgan Stanley. Before founding FGG1031, he co-founded Venture Navigation, a boutique investment banking firm whose M&A and IPO activity generated over $700 million in investor returns. Paul holds an MBA in Finance from the University of Michigan and a bachelor’s degree in chemistry from Wayne State University. He has also completed coursework in artificial intelligence at Stanford University. He is the author of four books on real estate investing and tax deferral strategy, including Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and Real Estate Investing in the New Era, both available on Amazon. A frequent speaker on 1031 exchanges, DST investing, and real estate tax strategy, Paul Getty is a recognized voice for investors and advisors seeking guidance on capital preservation through tax-deferred real estate investment.

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Disclaimer: There is no guarantee that any strategy will be successful or achieve investment objectives. All real estate investments have the potential to lose value during the life of the investments. This material does not constitute an offer to sell nor a solicitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please be aware that this material cannot and does not replace the Memorandum and is qualified in its entirety by the Memorandum.

This material is not intended as tax or legal advice so please do speak with your attorney and CPA prior to considering an investment. This material contains information that has been obtained from sources believed to be reliable. However, FGG1031, First Guardian Group, LightPath Capital, Inc., and their representatives do not guarantee the accuracy and validity of the information herein. Investors should perform their own investigations before considering any investment. There are material risks associated with investing in real estate, Delaware Statutory Trust (DST) and 1031 Exchange properties. These include, but are not limited to, tenant vacancies, declining market values, potential loss of entire investment principal.

Past performance is not a guarantee of future results: potential cash flow, potential returns, and potential appreciation are not guaranteed in any way and adverse tax consequences can take effect.  The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities. All financed real estate investments have a potential for foreclosure. Delaware Statutory Trust (DST) investments are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments. Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions. Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits.

IRC Section 1031, IRC Section 1033, and IRC Section 721 are complex tax codes; therefore, you should consult your tax and legal professional for details regarding your situation.

DST 1031 properties are only available to accredited investors (generally described as having a net worth of over one million dollars exclusive of primary residence) and accredited entities only (generally described as an entity owned entirely by accredited individuals and/or an entity with gross assets of greater than five million dollars). If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney prior to considering an investment.

Securities offered through registered representatives of [LightPath Capital, Inc.](http://www.lightpathcapital.com/) Member [FINRA](http://www.finra.org/) / [SIPC](https://www.sipc.org/). FGG1031, First Guardian Group, and LightPath Capital, Inc. are separate entities.

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## Recent Blogs

- [Understanding the Difference Between Inheritance and Estate Tax August 3, 2023](https://blog.fgg1031.com/blog/understanding-the-difference-between-inheritance-and-estate-tax)
- [Public or Private Real Estate? Your Investment Portfolio May Need Both July 27, 2023](https://blog.fgg1031.com/blog/public-or-private-real-estate-your-investment-portfolio-may-need-both)
- [How to Use 1031 Exchange Funds to Improve Your Replacement Property July 20, 2023](https://blog.fgg1031.com/blog/how-to-use-1031-exchange-finds-to-improve-your-replacement-property)

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FGG1031 | First Guardian Group and Emerson Equity LLC do not provide legal or tax advice. Securities offered through [Emerson Equity LLC](http://www.emersonequity.com/) Member [FINRA/SIPC](http://finra.org/) and MSRB registered. Emerson Equity LLC is unaffiliated with any entity herein.

1031 Risk Disclosure:

- There is no guarantee that any strategy will be successful or achieve investment objectives;
- Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments;
- Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities;
- Potential for foreclosure – All financed real estate investments have potential for foreclosure; ·Illiquidity – Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments;
- Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions;
- Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits

No offer to buy or sell securities is being made. Such offers may only be made to qualified accredited investors via private placement memorandum. Risks detailed in a private placement memorandum should be carefully reviewed, understood and considered before making such an investment. Prospective strategies and products used in any tax advantaged investment planning should be reviewed independently with your tax and legal advisors. Changes to the tax code and other regulatory revisions could have a negative impact upon strategies developed and recommendations made. Past performance and/or forward looking statements are never an assurance of future results.

Many of the investments offered will be only available to those investors meeting the definition of an Accredited Investor under SEC Rule 501(A) and offered as Regulation D private placement securities via a Private Placement Memorandum (“PPM”). Prospective investors must receive, read and understand all of the risks associated with buying private placement securities. Investments are not guaranteed or [FDIC](http://fdic.org/) insured and risks may include but are not limited to illiquidity, no guarantee of income or guarantee that all tax advantages or objectives will be met and complete loss of principal investment could occur.

**Risk Disclosure:** Alternative investment products, including real estate investments, notes & debentures, hedge funds and private equity, involve a high degree of risk, often engage in leveraging and other speculative investment practices that may increase the risk of investment loss, can be highly illiquid, are not required to provide periodic pricing or valuation information to investors, may involve complex tax structures and delays in distributing important tax information, are not subject to the same regulatory requirements as mutual funds, often charge high fees which may offset any trading profits, and in many cases the underlying investments are not transparent and are known only to the investment manager. Alternative investment performance can be volatile. An investor could lose all or a substantial amount of his or her investment. Often, alternative investment fund and account managers have total trading authority over their funds or accounts; the use of a single advisor applying generally similar trading programs could mean lack of diversification and, consequently, higher risk. There is often no secondary market for an investor's interest in alternative investments, and none is expected to develop. There may be restrictions on transferring interests in any alternative investment. Alternative investment products often execute a substantial portion of their trades on non-U.S. exchanges. Investing in foreign markets may entail risks that differ from those associated with investments in U.S. markets. Additionally, alternative investments often entail commodity trading, which involves substantial risk of loss.

NO OFFER OR SOLICITATION: The contents of this website: (i) do not constitute an offer of securities or a solicitation of an offer to buy of securities, and (ii) may not be relied upon in making an investment decision related to any investment offering by FGG1031 | First Guardian Group, Emerson Equity LLC, or any affiliate, or partner thereof. FGG1031 | First Guardian Group does not warrant the accuracy or completeness of the information contained herein.

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