TL;DR: Most businesses haven’t properly implemented the 2013 Tangible Property Regulations. Tax professionals either don’t understand the requirements or haven’t done the correction work. Your depreciation schedules are wrong, you’re losing deductions annually, and the errors compound. The fix exists through Form 3115, which lets you recapture 11+ years of missed deductions in one year.
Core Facts:
-
The 2013 regulations require analyzing expenditures by building system percentage, not dollar thresholds
-
33% is the safe percentage test: above this, you must capitalize; below this, you must expense
-
Businesses needed to file Form 3115 by 2014 to correct prior depreciation schedules
-
Missed deductions still reduce your tax basis under the “allowed or allowable” rule
-
Form 3115 lets you recapture all missed deductions in a single year while eliminating audit risk
Why Tax Professionals Are Asking Me to Teach Them the Rules
Tax professionals ask me to teach them what the 2013 Tangible Property Regulations were and what they require. Not business owners. Tax professionals. The people business owners pay to handle this.
Some respond by asking me to review their clients’ depreciation schedules. Others shrug their shoulders and continue making capitalize-versus-expense decisions the way they always have.
That shoulder shrug represents more than professional indifference. It represents 11 years of compounding errors sitting in depreciation schedules across thousands of businesses. These errors create audit exposure, lost deductions, and higher taxable gains on property sales.
The assumption business owners make is simple: my CPA handled the 2013 Tangible Property Regulations when they came out. The reality is different. Many tax professionals either don’t fully understand what the regulations require, or they understand but chose not to do the work because the correction process is overwhelming.
Bottom line: Most businesses assume their 2013 compliance is complete when the work was never done properly.
What Changed in 2013
Before September 17, 2013, businesses relied on decades of conflicting case law to make capitalize-versus-expense decisions. There was no consistent framework. CPAs developed their own methods, and those methods varied wildly from firm to firm.
The 2013 Tangible Property Regulations replaced inconsistency with specific rules. The regulations became effective for tax years beginning January 1, 2014. Businesses have been operating under these rules for over 12 years.
The problem is most businesses never transitioned to the new rules.
The Building System Percentage Test
The regulations required analyzing expenditures based on their impact to specific building systems:
-
Plumbing
-
Electrical
-
HVAC
-
Elevator
-
Escalator
-
Fire protection and alarm
-
Gas distribution
-
Security systems
For buildings, the improvement analysis must be applied to the building structure and each key building system separately. This was a fundamental departure from how things worked before. It required rethinking every capitalize-versus-expense decision.
Key insight: The 2013 regulations didn’t tweak the old system. They replaced dollar-based decisions with system-percentage analysis.
Why the Dollar Threshold Method Is Wrong
Here’s what I see constantly: CPAs set a dollar value and decide “anything above this number gets capitalized and anything below gets expensed.”
That method is wrong under the new rules.
The regulations don’t care about your dollar threshold. They care about the percentage impact to a specific building system. If you replace a component of your HVAC system and that replacement exceeds a certain percentage of the entire HVAC system, you must capitalize. If it’s below the threshold, you must expense.
The 33% Rule
The regulations don’t specify an exact percentage, but 33% is a safe assumption:
-
Replace more than one-third of a building system → you’re required to capitalize
-
Replace less than one-third → you’re required to expense
This isn’t optional. The word “must” appears repeatedly in the regulations. You don’t get to choose based on what’s convenient for your tax situation that year.
The De Minimis Safe Harbor Exception
The de minimis safe harbor allows expensing items up to $2,500 (or $5,000 with applicable financial statements). But that’s an elective safe harbor, not the actual capitalization rule. You use it if you qualify and make the election, but it doesn’t replace the building system percentage test for larger expenditures.
Reality check: If your CPA is still using dollar thresholds for capitalize-versus-expense decisions, your depreciation schedules are wrong.
The Form 3115 Nobody Filed
Taxpayers were required to correct any prior methods to comply with these regulations for tax years beginning on or after January 1, 2014. That meant filing Form 3115 (Application for Change in Accounting Method) to get into compliance.
The regulations required changing all existing depreciation schedules on any prior capitalize-versus-expense decisions that don’t conform to the new rules.
The IRS even waived the normal $7,000 filing fee for these changes. They made compliance easier.
Most businesses never filed these forms.
What This Means for Your Depreciation Schedules
Your depreciation schedules have been wrong since 2014 if you didn’t file Form 3115. Every year, the error compounds:
-
Deductions get missed
-
Basis calculations drift further from reality
-
The gap between what your books show and what happened grows wider
I’ve asked tax professionals what’s involved in going back and fixing depreciation schedules from 2013 forward. The answer is always the same: re-evaluating all decisions made to capitalize or expense and changing them to conform to the new rules.
Every decision. For 11 years.
That’s why some shrug their shoulders. The scope of the correction work is overwhelming, and admitting the problem means admitting they’ve been doing things wrong for over a decade.
The pattern: Awareness of the problem doesn’t always lead to action when the correction work feels too large to face.
The Allowed or Allowable Trap
Here’s what makes this worse: depreciation is not optional under IRS rules.
Even if you fail to claim depreciation you’re entitled to, you get treated as having claimed it when computing your taxable gain or loss on the sale or disposal of the asset.
You lose the deduction annually while still reducing your tax basis.
How This Hurts You Twice
Businesses that didn’t properly adjust their depreciation in 2013-2014 have been losing deductions every year. But when they sell the property, the IRS calculates their gain as if they had taken those deductions. They get hit with higher taxable gains without receiving the offsetting tax benefits.
This is the allowed or allowable rule, and it’s one of the most punishing aspects of depreciation compliance. You don’t get credit for being conservative. You lose twice.
The trap: Missing depreciation deductions doesn’t preserve your basis. You lose the deduction now and pay higher taxes on sale later.
Why 2026 Increases Your Audit Risk
If you make the same depreciation mistake for two or more consecutive tax years, you’ve chosen an accounting method. You cannot correct the mistake by filing an amended return. Instead, you must file Form 3115 requesting IRS permission to change accounting methods. This process requires calculating a Section 481(a) adjustment for all cumulative errors.
Since businesses have been using incorrect methods since 2014, they’re now 11+ years into an impermissible method.
What the IRS Is Watching
Depreciation schedule errors are flagged by the IRS as audit triggers. Rental depreciation not being calculated correctly is listed among Schedule E items most likely to attract scrutiny.
Audit rates are rising sharply for higher-income taxpayers, especially above $500,000. The IRS received increased funding for enforcement. Major discrepancies or patterns of errors lead to audits that extend to prior years.
2026 isn’t a magic deadline. It’s a higher-risk environment where businesses whose 2013 compliance was incomplete face greater exposure. The longer the errors persist, the larger the cumulative adjustment when they’re discovered.
The exposure: Errors that compound for 11+ years become larger targets for IRS scrutiny as enforcement capacity increases.
How to Fix This Proactively
Depreciation errors get corrected through Form 3115, which allows you to take the entire catch-up adjustment as a deduction in the year of change if it’s favorable.
This is called a negative 481(a) adjustment. The unclaimed depreciation from years prior to the year of change gets taken into account as a taxpayer-favorable adjustment in the year of change and deducted in full on the return for that year.
What You Gain from Proactive Correction
-
Recapture all missed deductions from 2014-forward in a single year
-
Gain audit protection going forward
-
Bring your books into compliance with the regulations
-
Eliminate the allowed or allowable trap on future sales
This creates a strong incentive for proactive correction. The business gets an immediate tax benefit from all the deductions it should have been taking over the past 11 years, compressed into one year. And it eliminates the audit risk going forward.
But you have to do the work. You have to go back through every capitalize-versus-expense decision, apply the building system percentage test, recalculate what should have been capitalized versus expensed, and quantify the cumulative difference.
That’s the part where CPAs shrug their shoulders.
The opportunity: Fixing past errors proactively turns compliance work into immediate tax savings while eliminating future risk.
What This Pattern Reveals About Tax Strategy
The 2013 Tangible Property Regulations aren’t an isolated compliance issue. They’re an example of a broader pattern I see constantly: the gap between what business owners assume their advisors are doing and what’s happening.
Business owners believe their CPA is optimizing their tax strategy. In reality, many CPAs are executing compliance work. Filing returns based on information provided, applying standard methods, and moving to the next client.
Compliance vs. Strategy
Strategic optimization requires different work:
-
Understanding the regulations deeply enough to identify opportunities
-
Proactive analysis of depreciation schedules
-
Cost segregation potential
-
Method changes
-
Ongoing attention, not annual filing
The difference between compliance and strategy is the difference between doing what’s required and doing what’s possible.
When tax professionals ask me to teach them what the 2013 Tangible Property Regulations require, what they’re asking is: how do I do the work I should have been doing for the past 11 years? Some want to learn. Others would rather continue the way they’ve always done things, even knowing it’s wrong.
The business owners caught in the middle are the ones who pay the price through lost deductions, audit exposure, and higher taxes on property sales.
The distinction: Compliance gets you filed. Strategy gets you optimized. Most businesses are paying for the first and assuming they’re getting the second.
What You Need to Do
If your business owns property and you haven’t had a comprehensive review of your depreciation schedules since 2014, you’re sitting on errors that are compounding annually.
The question is whether you address them proactively or wait until an audit forces the issue.
Why Proactive Correction Wins
Proactive correction through Form 3115:
-
Lets you recapture all missed deductions in one year
-
Eliminates future audit risk
-
Brings your books into compliance with the regulations
Waiting means:
-
The errors continue to compound
-
Higher audit exposure
-
Losing deductions permanently under the allowed or allowable rule
The work is substantial, but the cost of not doing it is higher.
What “Handled It” Really Means
“Handled it” means more than filing something in 2014. It means ensuring every capitalize-versus-expense decision since then has been made correctly under the building system percentage test. It means having depreciation schedules that reflect the regulations as they were written, not as they were convenient to implement.
Most businesses don’t have this. The ones who realize it early enough to fix things proactively will preserve wealth their competitors are losing to avoidable tax errors.
The standard: Proper compliance means every decision since 2014 follows the building system percentage test, not that something was filed once in 2014.
Your Next Step
Start by asking your tax professional a direct question: were my depreciation schedules brought into full compliance with the 2013 Tangible Property Regulations? Not whether they “handled it,” but specifically whether every capitalize-versus-expense decision since 2014 has been made using the building system percentage test.
If the answer is unclear, or if you’re not confident the work was done comprehensively, you have compounding errors that need correction.
I review depreciation schedules for businesses and property owners to identify compliance gaps and quantify missed deductions. If you’d like your schedules reviewed and brought into compliance with the 2013 Tangible Property Regulations, reach out. The proactive correction process recaptures years of lost deductions in a single year while eliminating future audit risk.
For more tax strategies that protect and accelerate your wealth, follow the Tax Strategy Playbook podcast. This is the kind of insight your competitors aren’t getting from their CPAs, and the difference compounds over time.
Common Questions About 2013 Tangible Property Regulations
What are the 2013 Tangible Property Regulations?
The 2013 Tangible Property Regulations are IRS rules that took effect January 1, 2014. They specify how businesses must make capitalize-versus-expense decisions based on the percentage impact to specific building systems, not dollar thresholds. The regulations apply to building structure, plumbing, electrical, HVAC, elevator, escalator, fire protection and alarm, gas distribution, and security systems.
How do I know if my CPA properly implemented these regulations?
Ask your CPA whether every capitalize-versus-expense decision since 2014 has been made using the building system percentage test. If they’re still using dollar thresholds (“anything over $5,000 gets capitalized”), your depreciation schedules are wrong. Also ask whether they filed Form 3115 in 2014 to correct prior depreciation schedules.
What is the building system percentage test?
The building system percentage test analyzes whether a repair or replacement exceeds a certain percentage of the entire building system. While the regulations don’t specify an exact percentage, 33% is a safe assumption. Replace more than one-third of a building system and you must capitalize. Replace less than one-third and you must expense.
What is Form 3115 and why does it matter?
Form 3115 (Application for Change in Accounting Method) is how you correct depreciation errors. When you file it to fix depreciation mistakes, you get to take all the missed deductions from prior years as a single deduction in the year you file. This is called a negative 481(a) adjustment. It lets you recapture 11+ years of missed deductions in one year while gaining audit protection.
What is the allowed or allowable rule?
The allowed or allowable rule means the IRS treats you as having claimed depreciation when calculating gain on sale, even if you never took the deduction. So if you miss depreciation deductions, you lose the annual tax benefit but still get your basis reduced. You pay higher taxes on sale without ever getting the offsetting deductions. You lose twice.
Why is 2026 a higher-risk year?
2026 isn’t a specific deadline, but audit risk is increasing because the IRS received more enforcement funding, audit rates are rising for higher-income taxpayers, and depreciation errors are explicitly flagged as audit triggers. Businesses 11+ years into incorrect methods face larger cumulative adjustments when errors are discovered.
How much does it cost to fix depreciation schedules going back to 2014?
The cost varies based on the number of properties and complexity of decisions made since 2014. The IRS waived the normal $7,000 Form 3115 filing fee for these changes. The larger consideration is the professional time required to review every capitalize-versus-expense decision for 11 years and recalculate depreciation schedules. But the tax benefit from recapturing missed deductions often exceeds the cost of correction by a significant margin.
What happens if I wait and get audited?
If an audit discovers your depreciation errors, you lose the opportunity to take the favorable 481(a) adjustment. The IRS will apply the allowed or allowable rule, meaning your basis gets reduced as if you took the deductions you missed. You’ll pay higher taxes on property sales without having received the annual deductions. You’ll also face potential penalties and interest, and the audit may extend to prior years if patterns of errors exist.
Key Takeaways
-
The 2013 Tangible Property Regulations require analyzing capitalize-versus-expense decisions by building system percentage (33% threshold), not dollar amounts, but most businesses still use the wrong method
-
Tax professionals either don’t understand the regulations or haven’t done the correction work because it requires re-evaluating every decision since 2014
-
If you didn’t file Form 3115 by 2014, your depreciation schedules are wrong and the errors compound annually
-
The allowed or allowable rule means you lose deductions annually while still reducing your tax basis, so you pay higher taxes on sale without getting the offsetting benefits
-
Form 3115 lets you recapture all missed deductions from 2014-forward in a single year while eliminating audit risk through a negative 481(a) adjustment
-
2026 represents higher audit risk because the IRS has increased enforcement funding and depreciation errors are explicitly flagged as audit triggers
-
The gap between compliance (filing returns) and strategy (optimizing deductions) is why business owners assume their CPAs handled this when the work was never done











Recent Comments