Publication 946 |
2000 Tax Year |
What Cannot Be Depreciated
To determine if you are entitled to depreciation, you must know not
only what you can depreciate, but what you cannot depreciate.
Property placed in service and disposed of in the same year.
You cannot depreciate property you place in service and dispose of
in the same year. When you place property in service is explained
later.
Tangible Property
Words you may need to know (see Glossary):
- Basis
- Remainder interest
- Term interest
- Useful life
The following are types of tangible property that you generally
cannot depreciate, even though you use them in your business or hold
them to produce income.
Land.
You can never depreciate the cost of land because land does not
wear out, become obsolete, or get used up. The cost of land generally
includes the cost of clearing, grading, planting, and landscaping
because these expenses are all part of the cost of the land itself.
For information on land preparation costs you may be able to
depreciate, see Land preparation costs under What Can
Be Depreciated, earlier.
Inventory.
You can never depreciate inventory. Inventory is any property you
hold primarily for sale to customers in the ordinary course of your
business.
In some cases, it is not clear whether property is inventory or
depreciable business property. If it is unclear, examine carefully all
the facts in the operation of the particular business. The following
example shows two similar situations where a careful examination of
the facts in each situation results in different conclusions.
Example.
Maple Corporation is in the business of leasing cars. At the end of
their useful lives, when the cars are no longer profitable to lease,
Maple sells them. Maple does not have a showroom, used car lot, or
individuals to sell the cars. Instead, it sells them through
wholesalers or by similar arrangements in which a dealer's profit is
not intended or considered. Maple can depreciate the leased cars
because the cars are not held primarily for sale to customers in the
ordinary course of business, but are leased.
If Maple buys cars at wholesale prices, leases them for a short
time, and then sells them at retail prices or in sales in which a
dealer's profit is intended, the cars are treated as inventory and are
not depreciable property. In this situation, the cars are held
primarily for sale to customers in the ordinary course of business.
If you are a rent-to-own dealer, see Rent-to-own dealer
under Property Classes and Recovery Periods in
chapter 3.
Containers.
Generally, containers are part of inventory and you cannot
depreciate them. For information on containers you can depreciate, see
Durable containers under What Can Be Depreciated,
earlier.
More information.
For more information on inventory, see Inventories in
Publication 538.
Equipment used to build capital improvements.
You cannot deduct depreciation on equipment you are using to build
your own capital improvements. You must add depreciation on equipment
used during the period of construction to the basis of your
improvements. See Uniform Capitalization Rules in
Publication 551.
Leased property.
You can depreciate leased property only if you retain the incidents
of ownership for the property (explained later). This means you bear
the burden of exhaustion of the capital investment in the property.
Therefore, if you lease property from someone to use in your trade or
business or for the production of income, you generally cannot
depreciate its cost because you do not retain the incidents of
ownership. You can, however, depreciate any capital improvements you
make to the property. See Additions or improvements to property
in chapter 3.
If you lease property to someone, you generally can depreciate its
cost even if the lessee (the person leasing from you) has agreed to
preserve, replace, renew, and maintain the property. However, if the
lease provides that the lessee is to maintain the property and return
to you the same property or its equivalent in value at the expiration
of the lease in as good condition and value as when leased, you cannot
depreciate the cost of the property.
Incidents of ownership.
Incidents of ownership include the following.
- The legal title.
- The legal obligation to pay for it.
- The responsibility to pay its maintenance and operating
expenses.
- The duty to pay any taxes.
- The risk of loss if the property is destroyed, condemned, or
diminished in value through obsolescence or exhaustion.
Term interests in property.
Generally, you cannot take a deduction for depreciation on a term
interest in property created or acquired after July 27, 1989, for any
period during which the remainder interest is held, directly or
indirectly, by a person related to you. A person related to you
includes the following.
- Your spouse, child, parent, brother, sister, half-brother,
half-sister, ancestor, or lineal descendant.
- A corporation in which you or a family member own (directly
or indirectly) more than 50% of the outstanding stock.
- Certain educational and charitable organizations controlled
(directly or indirectly) by you or a family member.
- A partnership in which you or a family member own (directly
or indirectly) any capital or profits interests.
- An S corporation in which you or a family member own
(directly or indirectly) any stock.
You cannot take a deduction for depreciation or amortization for a
life or term interest acquired by gift, bequest, or inheritance.
Basis adjustments.
If, except for this provision, you would be allowed a depreciation
deduction for any term interest in property, reduce your basis in the
property by any depreciation or amortization not allowed.
The holder of the remainder interest generally increases his or her
basis in a remainder interest in property by the depreciation not
allowed. However, do not increase the basis of a remainder interest
for depreciation not allowed for periods during which either of the
following apply.
- It is held by an organization exempt from tax.
- It is held by a nonresident alien individual or foreign
corporation and the income from the term interest is not effectively
connected with the conduct of a trade or business in the United
States.
The basis adjustment rules do not apply to any term or life
interest acquired by gift, bequest, or inheritance.
Exceptions.
The above rules do not apply to the holder of dividend rights which
were separated from any stripped preferred stock purchased after April
30, 1993, or to a person whose basis in the stock is determined by
reference to the basis in the hands of that purchaser.
Intangible Property
Words you may need to know (see Glossary):
The following are two types of intangible property that you can
never depreciate.
Goodwill.
You can never depreciate goodwill because its useful life cannot be
determined.
However, if you acquired a business after August 10, 1993 (after
July 25, 1991, if elected), and part of the price included goodwill,
you may be able to amortize the cost of the goodwill over 15 years.
For more information, see chapter 9 in Publication 535.
Trademark or trade name.
In general, you cannot depreciate the cost of a trademark or trade
name. However, you may be able to amortize over 15 years the cost of a
trademark or trade name you acquired after August 10, 1993 (after July
25, 1991, if elected). For more information, see chapter 9 in
Publication 535.
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