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By Gian Pazzia | Chairman & Chief Strategy Officer
If you are redeveloping a property and planning to demolish the existing building, cost segregation may still help, but only under the right circumstances. Most confusion in this area comes from ignoring timing and intent. If someone buys a property and tears it down (especially in the same year) and never places the building in service, the purchase price is treated as land value under IRC Section 280B. However, under the right fact pattern, cost segregation can preserve significant deductions that would otherwise be lost.
KBKG Insight
Cost segregation works in a demolition scenario if the building was placed in service and actually used for a period of time before demolition. A study can salvage tax deductions because Section 280B only applies to the building structure (typically 27.5 or 39-year property) and not properly identified 5-, 7-, and 15-year assets. Timing is critical and a study should be done before the teardown. Upon demolition, you may claim a loss deduction on the short-life assets, rather than forcing that entire basis into land where no depreciation is available.
This means a building that has been in service for at least one tax year (preferably two) and used in a bona fide income producing activity where depreciation is claimed before demolition, has a stronger fact pattern than anything less. If these conditions are met, cost segregation services can preserve deductions that otherwise would have been lost by the owner.
What Does Not Work
Cost segregation does not work when:
- A property is acquired with the intent to demolish
- The building is demolished in the same year it is purchased
- The old building has no bona fide income-producing use
Trying to cost segregate a building that was never meaningfully “in service” may be viewed as abusive and unlikely to hold up under audit.
Understanding The Demolition Tax Rule
IRC Section 280B provides that any costs of demolishing a building, and any loss from the demolition, must be capitalized into the land’s basis (which is not depreciable). In practical terms, if you tear down a structure, you generally lose any remaining depreciation deductions for that building. All unrecovered basis of the demolished structure ends up added to the land (recoverable only upon sale, if at all) instead of being written off as an immediate loss. This often surprises taxpayers who invest in a building only to later demolish it, as they find they cannot deduct the demolition loss in the year of teardown.
Why the Holding Period Is So Important
Tax laws and related court cases consistently reinforce a practical takeaway; if you intend to demolish the building before purchasing the property, all the value should be attributed to the land. However, a building that is placed in service and used for one or more tax years provides a defensible argument that the assets had value and were later retired. If demolition happens immediately, there is no legitimate basis to depreciate or write off components. This is less about a bright-line statutory rule and more about facts and intent.
Example Comparison:
Scenario A: Immediate Redevelopment Plan
A taxpayer acquires a property in April with architectural plans already drafted for redevelopment. The building is never leased or operated. Demolition occurs in November.
In this fact pattern, allocating value to building components for cost segregation purposes is not recommended.
Scenario B: Later Strategic Redevelopment
A taxpayer purchases a commercial building that is leased to a tenant for several years. Market conditions change. Redevelopment becomes economically viable. Here a cost segregation study should be completed prior to demolition to document everything that existed, and the short life components can be written off upon demolition.
Bottom Line
Cost segregation services in demolition scenarios is a situational planning strategy. It works when a building was placed in service, used, and later demolished. It doesn’t work when a property is bought solely to tear down. This requires careful attention to timing, intent, and thorough documentation.
About the Authors
Gian Pazzia | Chairman & Chief Strategy Officer
Gian P. Pazzia is currently the Chairman & Chief Strategy Officer at KBKG and oversees all strategic initiatives for the company. He has over 25 years of experience in the specialty tax industry. He is a recognized leader in the cost segregation field serving as a former President (2013-2015 term) of the American Society of Cost Segregation Professionals… Read More


