199
Lafayette and Jefferson 360x1000
Thomas Piketty3 360x1000
1transcendentalist
6confidencegames
Maria Popova 360x1000
2jesusandjohnwayne
3confidencegames
Margaret Fuller5 360x1000
George F Wil...360x1000
lifeinmiddlemarch2
storyparadox2
Brendan Beehan 360x1000
lifeinmiddlemarch1
Margaret Fuller4 360x1000
2theleastofus
14albion
Edmund Burke 360x1000
Stormy Daniels 360x1000
1lauber
Mary Ann Evans 360x1000
Office of Chief Counsel 360x1000
1defense
3albion
2gucci
11632
1paradide
Richard Posner 360x1000
2paradise
Ruth Bader Ginsburg 360x1000
7albion
6albion
2confidencegames
George M Cohan and Lerarned Hand 360x1000
Learned Hand 360x1000
Thomas Piketty1 360x1000
Thomas Piketty2 360x1000
Margaret Fuller 360x1000
1gucci
399
2transadentilist
7confidencegames
10abion
8albion'
Samuel Johnson 360x1000
2lookingforthegoodwar
Margaret Fuller1 360x1000
Adam Gopnik 360x1000
storyparadox3
1lookingforthegoodwar
1theleasofus
299
Anthony McCann1 360x1000
Storyparadox1
Gilgamesh 360x1000
3theleastofus
499
4confidencegames
13albion
Spottswood William Robinson 360x1000
Mark V Holmes 360x1000
Susie King Taylor 360x1000
9albion
1empireofpain
5confidencegames
4albion
1lafayette
3paradise
Margaret Fuller2 360x1000
12albion
3defense
Maurice B Foley 360x1000
1confidencegames
James Gould Cozzens 360x1000
Betty Friedan 360x1000
1falsewitness
2falsewitness
1trap
2lafayette
1madoff
2trap
Susie King Taylor2 360x1000
5albion
Anthony McCann2 360x1000
Tad Friend 360x1000
Margaret Fuller3 360x1000
11albion
1albion
AlexRosenberg
Margaret Fuller 2 360x1000
1jesusandjohnwayne
LillianFaderman
2albion
2defense
Generally if you can deduct something in computing taxable income, you want to deduct it as soon as possible.  We used to be fanatical about it when money actually earned interest.  Sometimes, though, deductions will provide little or no benefit.  Wouldn’t it be nice to store them up for future use ?  Owners of “unimproved and unproductive real property” can do just that.  They don’t get to use the deductions whenever they feel like, but by adding them to basis, they will benefit when the property is sold.  True, the additional basis will probably be reducing capital gain, but that is better than wasting the deductions.

You convert your deductions into basis by making an election under Code Section 266.  There is something extraordinary about Code Section 266.  Here it is:

No deduction shall be allowed for amounts paid or accrued for such taxes and carrying charges as, under regulations prescribed by the Secretary, are chargeable to capital account with respect to property, if the taxpayer elects, in accordance with such regulations, to treat such taxes or charges as so chargeable.

What is extraordinary is that’s the whole section.  No sub-sections, paragraphs, sub-paragraphs.  A single sentence.  It has been handed down to us virtually unchanged from the 1954 Code, except that in 1977 they cut three words.  We should get that team working on the rest of the Code.

Why would you want to do this ?  There is a good chance that the deductions attributable to unproductive land held for investment will be of little or no current benefit.  You may not have enough itemized deductions to exceed the standard deduction.  The other “carrying charges” are investment expenses subject to the 2% floor. Both investment expenses and real estate taxes are alternative minimum tax preferences.

You can elect to capitalize any of the three classes – interest, taxes or “other carrying charges” on a year by year basis.  It is important that you keep track of what you have elected to capitalize, because the whole point of the exercise is to have the capitalized expenses in your basis, when you sell the property.

Why is this Timely ?

The IRS in Private Letter Ruling 201319008 recently gave a partnership additional time to make the Section 266 election for two years.  Apparently the partners had not been advised of the advantages of the election by their tax professional.  I am not certain how easy it is to get a ruling like this, as there were some other peculiar circumstances cited.  Nonetheless, it reminded me that many people are not aware of the availability of the election, which is actually rather handy.  If you own some raw land, that causes you to go out of pocket each year, you should review whether you are actually getting any benefit from deducting the expenditures.  If you are not, consider electing to capitalize.  If the numbers are significant, you may want to consider applying to be allowed to make the election for earlier years.

You can follow me on twitter @peterreillycpa.