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Thread: Deprciation Unclaimed
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Created on: 06/16/09 09:07 PM
Replies: 5
Viewed: 311

Posted by: taxsp
16 posts since - 01/10/2007
Deprciation Unclaimed - 6/16/09 at 9:07 PM

A taxpayer disposes of property in 2008 and becomes aware that he never depreciated the property which was used in his business. He can file 3115 for change in accounting. Does this allow him to go back and amend open years to take the allowable depreciation or (I thought I had heard that he could take it in year of disposition and not lose it.)

What is the proper procedure?

In small business quickfinder J-6, it almost sounds like you can take unclaimed depreciation from unopen years in the year of disposition?

Doesn't sound logical but don't want to miss a deduction.

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Posted by: jainen
2044 posts since - 11/17/2006
instructions for Form 3115 - 6/17/09 at 2:02 AM

>>go back and amend open years to take the allowable depreciation<<

According to the instructions for Form 3115, a change in accounting method can not be made retroactively.

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Posted by: blrgcpa
1247 posts since - 11/17/2006
RE: Deprciation Unclaimed - 6/17/09 at 10:31 AM

Why can't the client just amend the last 3 years? Not taking depreciation is an error, not a change in accounting method, as I see it.

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Posted by: jainen
2044 posts since - 11/17/2006
the way IRS sees it - 6/17/09 at 10:46 AM

>>as I see it<<

That's not the way IRS sees it. The definition of accounting method includes anything that sets the amount or timing of a deduction.

Treating an asset as non-depreciable for two consecutive tax years is considered to be establishing an accounting method. Right or wrong, it can't be changed without IRS permission.

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Posted by: taxsp
16 posts since - 01/10/2007
RE: the way IRS sees it - 6/22/09 at 6:03 PM

In the small business quickfinder J-6, it almost sounds like you can file 3115 and take depreciation in year of disposition even past open years. Have you heard of anything like that?

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Posted by: jainen
2044 posts since - 11/17/2006
follow the automatic consent procedures - 6/22/09 at 8:16 PM

>>take depreciation in year of disposition even past open years<<

Yes, you can follow the automatic consent procedures to pick up all the missed depreciation. (You are deducting it currently, however, not amending the prior years.)

And no, this doesn't mean you can just skip depreciation when your income is low so you have it available for some later year!

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