Alternative Cost Method Updated with Easier Tax Advantages

The IRS recently updated the optional rules for real estate developers to determine when common improvement costs may be included in the cost of individual units held for sale. It’s known as the Alternative Cost Method (ACM), and it was modified with Revenue Procedure 2023-9, effective for taxable years beginning after December 31, 2022. The change is a more straightforward process for developers to include future common improvement costs in the tax basis of each sold unit or lot.

Common improvements in this context mean “any real property or improvements to real property that benefit two or more units that are separately held for sale by a developer.” Examples given by the IRS include streets, sidewalks, sewer lines, playgrounds, clubhouses, tennis courts, and swimming pools that the developer is “contractually obligated or required by law to make, as long as the costs are not properly recoverable through depreciation.”

It can take years for development projects to be completed, and often, those final touches—like that much-anticipated pickleball court and later-phase additions—aren’t built in the early stages. Without the alternative method, developers couldn’t use those planned-but-not-completed costs to offset gains as units and lots sold. Additionally, as noted above, those particular costs typically aren’t recoverable through depreciation.

The ACM was introduced in 1992 to provide a safe harbor to address these issues, but it involved a substantial administrative process, including filing an annual statement and requesting consent to use the method as each project arises. It also exposed the taxpayer to an extended statutory period of limitation for assessing tax deficiencies for those applicable tax years. It significantly complicated what was otherwise, in theory, a great tax-reducing opportunity.

The new revenue procedure requires that the method be applied consistently and reasonably to all qualifying projects instead of the need to file separately on a per-project basis, as was previously required. One exception to this rule is legacy (or in-progress) projects. Certain taxpayers are permitted to use a shortened Application for Change in Accounting Method form. If you’ve been using the previous 92-29 ACM revenue procedure already, you’ll still need to file a change of procedure form to “upgrade” to this newest method.

Developers that use a reasonable accrual method of accounting or completed contract method (CCM) can apply this new ACM to their qualifying projects. There are several cost limitations, however, and amounts exceeding the limitations may not be carried forward or applied to other projects. Costs incurred with respect to one qualifying project may not be included in the alternative cost limitation of a second qualifying project, either.

With many of the major complexities surrounding the ACM now gone and thousands of potential tax dollars that could be saved, it may be well worth your time to take a closer look. Feel free to contact us with questions.

Photo from 123rf.com

June 20, 2023

Client Spotlight

If your business generates $1.5 million or more in revenue, how do you capture the tax benefits of family payroll while keeping your business fully…
If you’re setting aside money for your kids or grandkids, the new IRC Section 530A may be a tax-smart way to do it….
When two high earners say “I do,” protecting pre-marital wealth isn’t unromantic—it’s essential strategic planning….
Cryptocurrency may have gone mainstream, but tax compliance is rapidly catching up with updated IRS property classifications and Form 1099-DA broker reporting to evolving regulations….
You might be sitting on a valuable tax strategy without realizing it. Before you make any moves, keep these critical rules in mind….
Under certain circumstances, an S corp election can be great for tax savings, but it’s not always great for growth. Here’s what you should know…
As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what…
From accountant to owner, and now to a successful exit! Amir Kamel proved that “everything good takes time”—including walking away on your own terms. Read…
After waiting 11 years for his visa, Amir Kamel’s journey from Cairo to building a multi-million dollar Texas business is a true masterclass in grit,…
Used wisely, 100% bonus depreciation can fuel growth and protect cash flow; used poorly, it can create unnecessary debt and future tax friction….
Discover how this San Antonio entrepreneur transitioned from managing communities to constructing them—doubling his commercial construction firm’s size year over year….
In the eyes of the IRS, student-athletes landing NIL deals are now self-run businesses. Learn the tax implications and four golden rules critical to their…

Blogs and Articles

Family Business Payroll Tips and Traps

If your business generates $1.5 million or more in revenue, how do you capture the tax benefits of family payroll while keeping your business fully...

Family Business Payroll Tips and Traps

Read More

Is the Trump Account a Safe Bet for Gift Tax Savings?

If you're setting aside money for your kids or grandkids, the new IRC Section 530A may be a tax-smart way to do it....

Is the Trump Account a Safe Bet for Gift Tax Savings?

Read More

Protecting Dual-Income Pre-Marital Wealth

When two high earners say "I do," protecting pre-marital wealth isn't unromantic—it's essential strategic planning....

Protecting Dual-Income Pre-Marital Wealth

Read More

Crypto Tax Changes Are Coming, But What Does That Mean?

Cryptocurrency may have gone mainstream, but tax compliance is rapidly catching up with updated IRS property classifications and Form 1099-DA broker reporting to evolving regulations....

Crypto Tax Changes Are Coming, But What Does That Mean?

Read More

What Is Tax Loss Harvesting?

You might be sitting on a valuable tax strategy without realizing it. Before you make any moves, keep these critical rules in mind....

What Is Tax Loss Harvesting?

Read More

Is an S-Corp Election Still Right for Small Business Owners?

Under certain circumstances, an S corp election can be great for tax savings, but it’s not always great for growth. Here’s what you should know...

Is an S-Corp Election Still Right for Small Business Owners?

Read More

Do Businesses Need Tax Liability Insurance?

As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what...

Do Businesses Need Tax Liability Insurance?

Read More

Princess Professional

From accountant to owner, and now to a successful exit! Amir Kamel proved that "everything good takes time"—including walking away on your own terms. Read...

Princess Professional

Read More

Princess Beauty Supply

After waiting 11 years for his visa, Amir Kamel's journey from Cairo to building a multi-million dollar Texas business is a true masterclass in grit,...

Princess Beauty Supply

Read More

100% Bonus Depreciation: Hits and Misses

Used wisely, 100% bonus depreciation can fuel growth and protect cash flow; used poorly, it can create unnecessary debt and future tax friction....

100% Bonus Depreciation: Hits and Misses

Read More

DJS Resources

Discover how this San Antonio entrepreneur transitioned from managing communities to constructing them—doubling his commercial construction firm's size year over year....

DJS Resources

Read More

College Athlete NIL Tax Implications: When Fantasy Becomes Reality

In the eyes of the IRS, student-athletes landing NIL deals are now self-run businesses. Learn the tax implications and four golden rules critical to their...

College Athlete NIL Tax Implications: When Fantasy Becomes Reality

Read More

Profit-Sharing Disputes: IDing What Went Wrong

Disputes in closely held businesses rarely stem from simple math errors. Instead, they arise from "creative" accounting that obscures the business's true economic reality....

Profit-Sharing Disputes: IDing What Went Wrong

Read More

What’s the Deal with Trump’s Forever Tax-Immunity Loophole?

While you might not be signing an addendum with the Acting Attorney General, you CAN use closing agreements and statutes of limitation to create your...

What’s the Deal with Trump’s Forever Tax-Immunity Loophole?

Read More

Secret Texas Wealth Tax Traps

When building wealth in Texas, poor planning can result in hefty taxation as you earn your way to the top....

Secret Texas Wealth Tax Traps

Read More

Now Accepting New Clients

Let’s Start the Conversation

Let’s take a look at your finances together. We offer a complimentary 1-hour call to review your past tax returns. If we see a way to help you, we will.

Want to receive tax strategies and tips direct to your inbox?

Name(Required)