Tax & Structure
Depreciation, explained without the mysticism
The most significant tax feature of real estate is also the one most frequently described inaccurately by people selling something.

Depreciation allows an owner of income-producing real property to deduct a portion of the building's cost each year, on the theory that it wears out.
It is a genuine and substantial benefit. It is also frequently described in ways that overstate it, particularly by people selling deals or cost segregation studies.
The mechanics
Under current United States rules, residential rental property is depreciated over 27.5 years and non-residential real property over 39 years, using straight-line depreciation.
Land is not depreciable. Only the building and improvements are, which means the purchase price must be allocated between land and improvements — typically using the assessor's ratio, an appraisal, or another supportable method.
On a $400,000 residential property with a land allocation of twenty-five percent, the depreciable basis is $300,000. Divided over 27.5 years, that is roughly $10,900 a year of deduction.
Against, say, $8,000 of taxable cash flow, that deduction can eliminate the taxable income from the property entirely and produce a paper loss.
Why it is powerful
Because it is a non-cash deduction. The building is not actually costing you $10,900 a year in wear — you are separately paying for real maintenance and capital work.
The deduction reduces taxable income without reducing cash. That is the core of the benefit, and it is real.
The three things that limit it
Depreciation recapture. This is the part omitted from enthusiastic descriptions.
When you sell, the depreciation you claimed reduces your basis, increasing the gain. Under current rules, the portion of gain attributable to prior straight-line depreciation on real property is generally taxed at a rate of up to twenty-five percent, rather than at long-term capital gains rates.
Importantly, recapture applies to depreciation allowed or allowable. Failing to claim it does not avoid the recapture. There is no benefit to skipping it.
Depreciation is therefore best understood as a deferral with a rate arbitrage, not as free money. Deferral is genuinely valuable, and it is not the same as elimination.
Passive activity loss rules. Rental activity is generally passive. Passive losses can generally only offset passive income, not wages or portfolio income.
There is a limited allowance permitting some taxpayers to deduct a capped amount of rental losses against ordinary income, which phases out above certain income levels.
Above those levels, the paper loss does not reduce your tax bill this year. It is suspended and carried forward, usable against future passive income or on disposition of the activity.
This surprises high earners who bought partly for the tax benefit and discover it does not apply to them in the way described.
Real estate professional status, which is the exception people reach for and which has strict statutory requirements — including material participation and substantial hour thresholds in real property trades or businesses.
It is heavily scrutinized, frequently claimed incorrectly, and requires contemporaneous documentation. It is not a box you check because you own rentals.
Cost segregation, briefly
A cost segregation study identifies components of a property that can be depreciated over shorter lives — typically five, seven or fifteen years — rather than the full building life. Personal property, land improvements, certain fixtures.
Combined with bonus depreciation where available, this can accelerate a large deduction into the early years of ownership.
The considerations: it costs money to perform; it accelerates rather than increases total depreciation; it increases recapture exposure on sale, and recapture on personal property components can be at ordinary income rates rather than the twenty-five percent rate; and the benefit depends entirely on whether you can actually use the losses, which returns to the passive activity question.
Bonus depreciation rules have changed repeatedly and are subject to legislative change. Anyone relying on them should confirm the current position.
What this means practically
Depreciation improves after-tax returns meaningfully for most rental property owners. That is worth having.
It does not make an otherwise bad deal good. A property with weak fundamentals and attractive tax treatment is a property with weak fundamentals.
And any presentation that leads with tax benefits rather than with the economics of the asset is telling you something about the asset.
The record-keeping that matters
Establish and document the land-improvement allocation at purchase, with support.
Track basis, including capital improvements, which add to it.
Keep depreciation schedules across the entire holding period, because you will need them at sale, possibly decades later.
Distinguish repairs from improvements contemporaneously, because the tax treatment differs and reconstructing it years later is difficult.
General information about United States tax concepts, not tax advice. Rules change and application depends on individual circumstances. Consult a qualified tax professional before relying on any of this.
Also by Nikhil Varma
- Selling: timing, costs and the tax billTax & Structure
- Demographics and the next twenty years of housing demandMarkets & Cycles
- Passive activity losses and why the tax benefit may not apply to youTax & Structure
- Is now a good time to buy?Markets & Cycles





