What Is A TPR (Tangible Property Regulation) Study?

A Tangible Property Regulation (TPR) study is an analysis that examines a company’s compliance with the Tangible Property Regulations. In this context, tangible property refers to real property such as land and improvements to land (e.g., site improvements and buildings), as well as personal property that can be felt or touched, and be physically relocated, such as furniture and equipment.

The main objective of a TPR study is to ensure that a company is in compliance with the final TPR regulations to accurately classify its costs, distinguishing between capital expenditures (which are typically depreciated over time), deductible expenses, and dispositions by a thorough review of taxpayers’ documentation. This strategic approach can result in significant tax savings, mitigate audit risk, and bolster overall tax planning strategies for businesses.

What Do TPR Studies Involve?

A TPR study is typically conducted by seasoned tax professionals or consultants who deeply understand the regulations. They meticulously examine a company’s financial and tax records, identify misclassifications, and recommend necessary adjustments to ensure compliance with the rules.

Such studies may involve:

Legal Analysis: Reviewing statutes, regulations, case law, and other legal materials related to tangible property.

Compliance Assessment: Assessing whether businesses or individuals comply with relevant Tangible Property Regulations.

Policy Evaluation: This involves evaluating taxpayer’s capitalization policy on treatment of expenditures and proposing potential revisions or improvements.

Impact Analysis: A TPR study aims to provide insight into tangible property’s legal framework and its implications for taxpayers to accelerate deductions or reduce tax compliance burdens.

When Should Businesses Consider Conducting a TPR Study?

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It’s not a “one size fits all” approach.  We make it a point of understanding our clients’ needs – not just in the current year but throughout the ownership period.

Properties go through life cycles – whether it’s based on use, age or market conditions. Also, different groups within a client organization play distinct roles within the various phases of the life cycle.  It is not uncommon for these groups to be unaware of the value of tax-centric information.

Life cycle of real estate graphic

Here are just a few examples of how the information from our reports can be utilized.

Concept / Feasibility

Many sophisticated investors will want to gain a better understanding of how the depreciation  deductions will impact cash flow.  Source Advisors is routinely engaged by clients who wish to include our projections in the pro-forma packages.

Acquisition

It is usually best to have Cost Segregation Study completed following acquisition in order to maximize depreciation deductions from day one, benchmark property for asset management purposes and for a better understanding of what was specifically included or excluded as part of the acquisition.  Also, in light of the Tangible Property Regulations, a comprehensive study will also properly document all assets that might be subject to disposition in the future.

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