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Annual Elections: What is an "Item" versus an "Improvement". De Minimis Safe Harbor versus the $200 rule?

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March 18, 2022
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Hello. These Annual Elections are detailed, intricate, and confusing. Need more context. We own a "fraction" or a "Percentage" of an apartment building through a DST investment, and the sponsor for the building has provided us with the 2021 financials that shows both the total numbers for the whole building and our portion of the total for our tax return. All numbers below are "our portion".

When TT starts out, it asks if we have purchased any items that cost $2,500 or less. So:

- Are Furniture, Fixtures & Equipment ITEMS? Costs $560 ($87 one month and $477 another month)

- Are Package Lockers an ITEM? Costs $356

If I try adding the $87 as an asset to depreciate, for the Furniture, Fixtures, and Equipment, TT then recommends I expense it because it is $200 or less. How is this different than the question regarding the $2,500 question. Is it that BOTH ITEMS & IMPROVEMENTS can be expensed if they are $200 or less? But only ITEMs from $201 to $2,500 can be expensed, not IMPROVEMENTS, through the De Minimis Safe Harbor?

Thanks for your help!

Best answer by DianeW777

The requirements are different for personal property vs real property. It's one of those tax issues. It's important to separate the personal property (anything that is not real property in tax terms) from real property. In the tax law there are only two kinds of property.

Real Property (anything that is land, buildings and structural components)
Personal Property - Two Types
1. Tangible - anything you can see, feel or touch
2. Intangible - in and of itself it has no value but represents a value (a dollar bill or a stock certificate, etc)

The reason is simple. Real property has special tax treatment rules and personal property income is taxed at the ordinary or regular tax rate.

Improvements Election

This election is an option you can take each year that lets you write off some building improvements as expenses instead of assets.

Here are the rules you need to meet to take this election:

Your gross receipts, including all your other income, are $10,000,000 or less.
Your eligible building has an unadjusted basis of $1,000,000 or less.
The cost of all repairs, maintenance and improvements is less than or equal to the smallest of these limits:
- 2% of the unadjusted basis of your building or
- $10,000

This election for building improvements is called the Safe Harbor Election for Small Taxpayers. If you decide to take this option, a form called Safe Harbor Election for Small Taxpayers will show up in your tax return. This election will apply to all your businesses, rental properties or farms. (IRS Tangible Property FAQs)

When you come to the screen, Did you buy any items that each cost $2,500 or less in 2021? mark the Yes button and click Continue.
On the screen Let's see if you qualify to deduct these items as expenses, mark both of the Yes buttons and click Continue.
On the Now, let's review each item you bought screen, mark whether all your new assets cost $2500 or less.
If you mark that every item cost $2,500 or less, you will be brought to the Rental Summary screen. You have elected the De Minimis Safe Harbor provision.
If you mark that some cost above $2,500, you will be asked Did you make improvements to rental in 2021?
If you say Yes, you will be taken through the screens for the Improvements election.
If you say No, you will see the screen Do you have any items that aren't covered by your elections? Proceed through the screens to enter these assets.
On the Rental Summary screen go to the Expenses section and click on the Start/Update box.
Continue to the Any Other Expenses? screen and enter the description and amount paid for the assets. Click Continue when finished
Continue to complete your entries

Personal Property: (As explained by our awesome Tax Expert @JulieS)

You expense the furniture in the year they are placed in service, based on your comments that will be 2021. The rental unit is rented or available for rent and advertised as such.

De Minimis Safe Harbor Election

This election for items $2,500 or less is called the De Minimis Safe Harbor Election. This election is an option you can take each year that lets you write off/deduct items $2,500 or less as expenses instead of assets. Expenses typically reduce your income by a larger amount than depreciating an asset over multiple years does. This means you could get a bigger refund.

If you decide to take this option, a form called De Minimis Safe Harbor Election will show up in your tax return. This election will apply to all your businesses, rental properties or farms.

Here are the rules you need to meet to take this election:

You don't have an applicable financial statement (most people don't).
You have a consistent process for how you record expenses and assets.
You record these items as expenses on your books/records.
The cost of each item as shown on your receipt is $2,500 or less.
Rental Property select Edit > Other expenses > Other Miscellaneous Expenses
Enter Description (Safe Harbor ...) and amount (not entered as assets under this election)

Note: Because you are under the $2,500 threshold, you are not required to used section 179. You can list these expenses under Miscellaneous. If the amount was over 2,500, then you would enter these as assets and then would be able to choose the 179 option.

Maintain a complete record with your tax return should you need to verify these items at a later time.

J

JulieS

Yes, furniture, fixtures, equipment, and package lockers are all items. Items under $200 are usually expensed, but you can depreciate them instead, if you want to stretch out the deduction.

The question that references a $2500 limit is based on the De Minimis Safe Harbor. This safe harbor election allows you to deduct expenses up to $2,500 per invoice. this applies to both items and improvements.

These questions are designed to help you figure out whether or not you need to depreciate an item or not. They also provide a "safe harbor". That means if you are audited the IRS will not question whether you should have depreciated the expense.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

T

Think57Author

Thank you Julie S.

Do not understand why TT specifies ITEMS in regards to the $2,500 or less statement. And why it specifies IMPROVEMENTS later on, when it seems to be getting into the area of determining if you can expense versus depreciate using the Safe Harbor for Small Taxpayers for our rental property investments. Why doesn't TT just ask if we have any ITEMS and/or IMPROVEMENTS $2,500 or less to lessen the confusion? TT ran out of space?

Seems, based on your response, the decision process goes as follows for our rental property investments:

- If $2,500 or less, De Minimis Safe Harbor applies for BOTH ITEMS & IMPROVEMENTS

- If ITEM or IMPROVEMENT is more than $2,500, have to depreciate unless we and our rental meet the requirements for using Safe Harbor for Small Taxpayers

Thanks again!

D

DianeW777Answer

The requirements are different for personal property vs real property. It's one of those tax issues. It's important to separate the personal property (anything that is not real property in tax terms) from real property. In the tax law there are only two kinds of property.

Real Property (anything that is land, buildings and structural components)
Personal Property - Two Types
1. Tangible - anything you can see, feel or touch
2. Intangible - in and of itself it has no value but represents a value (a dollar bill or a stock certificate, etc)

The reason is simple. Real property has special tax treatment rules and personal property income is taxed at the ordinary or regular tax rate.

Improvements Election

This election is an option you can take each year that lets you write off some building improvements as expenses instead of assets.

Here are the rules you need to meet to take this election:

Your gross receipts, including all your other income, are $10,000,000 or less.
Your eligible building has an unadjusted basis of $1,000,000 or less.
The cost of all repairs, maintenance and improvements is less than or equal to the smallest of these limits:
- 2% of the unadjusted basis of your building or
- $10,000

This election for building improvements is called the Safe Harbor Election for Small Taxpayers. If you decide to take this option, a form called Safe Harbor Election for Small Taxpayers will show up in your tax return. This election will apply to all your businesses, rental properties or farms. (IRS Tangible Property FAQs)

When you come to the screen, Did you buy any items that each cost $2,500 or less in 2021? mark the Yes button and click Continue.
On the screen Let's see if you qualify to deduct these items as expenses, mark both of the Yes buttons and click Continue.
On the Now, let's review each item you bought screen, mark whether all your new assets cost $2500 or less.
If you mark that every item cost $2,500 or less, you will be brought to the Rental Summary screen. You have elected the De Minimis Safe Harbor provision.
If you mark that some cost above $2,500, you will be asked Did you make improvements to rental in 2021?
If you say Yes, you will be taken through the screens for the Improvements election.
If you say No, you will see the screen Do you have any items that aren't covered by your elections? Proceed through the screens to enter these assets.
On the Rental Summary screen go to the Expenses section and click on the Start/Update box.
Continue to the Any Other Expenses? screen and enter the description and amount paid for the assets. Click Continue when finished
Continue to complete your entries

Personal Property: (As explained by our awesome Tax Expert @JulieS)

You expense the furniture in the year they are placed in service, based on your comments that will be 2021. The rental unit is rented or available for rent and advertised as such.

De Minimis Safe Harbor Election

This election for items $2,500 or less is called the De Minimis Safe Harbor Election. This election is an option you can take each year that lets you write off/deduct items $2,500 or less as expenses instead of assets. Expenses typically reduce your income by a larger amount than depreciating an asset over multiple years does. This means you could get a bigger refund.

If you decide to take this option, a form called De Minimis Safe Harbor Election will show up in your tax return. This election will apply to all your businesses, rental properties or farms.

Here are the rules you need to meet to take this election:

You don't have an applicable financial statement (most people don't).
You have a consistent process for how you record expenses and assets.
You record these items as expenses on your books/records.
The cost of each item as shown on your receipt is $2,500 or less.
Rental Property select Edit > Other expenses > Other Miscellaneous Expenses
Enter Description (Safe Harbor ...) and amount (not entered as assets under this election)

Note: Because you are under the $2,500 threshold, you are not required to used section 179. You can list these expenses under Miscellaneous. If the amount was over 2,500, then you would enter these as assets and then would be able to choose the 179 option.

Maintain a complete record with your tax return should you need to verify these items at a later time.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

Carl11_2

Employee

Understand that the safe harbor limits are not base on your share. It's based on the price of the invoiced item. So if the price of the invoiced item is more than $2500, it doesn't matter if your share of that is less than $2500. It doesn't qualify for safe harbor under those specific rules. (It may under other rules.)

T

Think57Author

Thanks Carl for your response. Just to be clear, you are talking about the De Minimis Safe Harbor Election?

Carl11_2

Employee

Yes. It says that most item purchased for less than $2,500 can be expensed. That's based on the purchased price of the item, and not a partner's share of that purchase price.

In the case of a 1065 return I would expect a qualifying item to be expensed on the 1065 - not on one's personal 1040 return via the K-1.

T

tol

I have the same question. However, when reading through the answers, I'm concerned the answers miss 2 points. 1). DST investments are passive, so are not a "business", and 2) taxpayers usually own a small % of the DST.

Let's use a 1% ownership as an example: I understood the $2500 limit is per invoice. So if the DST statement shows $87, that means the item was $8,700. So, does the $2500 apply to the 1% of $87 or the invoice amount for the DST of $8,700.

Since DST investments are passive, can the $200 limit apply since the investment is NOT considered a business ?

D

dgru565662

I need some clarification on this also. I have a rental and share ownership with another family member and we each file our own return. Income and expenses are shared equally. and reported on the Schedule E. This year my actual part of the improvements/maintenance/repair expenses are under the 2% of the Unadjusted basis of the building, and I would like to use the small harbor for small taxpayers election I would greatly benefit with the deduction this year, he prefers to capitalize his portion. Can I do this?

I have searched and searched and found no real definitive answer anywhere in the IRS rules.