- 16 - deduction would be allowable for the rental unit. Section 168(f)(1) provides: (f) Property to Which Section Does Not Apply.--This section shall not apply to-- (1) Certain methods of depreciation.--Any property if-- (A) the taxpayer elects to exclude such property from the application of this section, and (B) for the 1st taxable year for which a depreciation deduction would be allowable with respect to such property in the hands of the taxpayer, the property is properly depreciated under the unit-of-production method or any method of depreciation not expressed in a term of years (other than the retirement-replacement-betterment method or similar method). Section 2.02 of Revenue Procedure 87-57, 1987-2 C.B. 687, 688, provides that the election under section 168(f)(1) must be made following the procedures set forth in section 2.10 of the Revenue Procedure. Section 2.10 of Revenue Procedure, 1987-2 C.B. at 689, provides, .10 Time and manner for making elections. Under section 5h.5(a)(2) of the temporary regulations, after April 14, 1987, an election described in this revenue procedure shall be made by the due date (taking extensions into account) of the tax return for the first taxable year for which the election is to be made. The tax return must be accompanied by a statement identifying the election by reference to Code or Act section and identifying the property items for which the election is being made. Section 5h.5, Temporary Tax Reform Act of 1986 Election Regs., 52 Fed. Reg. 3624 (Feb. 5, 1987), effective February 5, 1987, applies to section 168(f)(1) elections and sets forth the time and manner guidelines for elections made after October 22, 1986. The election for section 168(f)(1) is available for property placed in service after December 31, 1986. SectionPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011