Can anyone help me understand whether the following situation is allowed? I've not been able to piece together code references that allow for this but apparently, several CPAs are taking this approach:
A General Partner (GP) has raised money to purchase a large multi-family residential rental property. The GP initiates a cost segregation study and, thanks to 100% bonus depreciation, a large passive loss will be passed to the Limited Partners (LP) and excess loss will be passed to the GP.
GP's CPA wants to elect out of the business interest limitations in year one. The deal is subject to these limitations due to the syndicate rule found in IRC Sec 1256(e)(3)(B).
Electing out, per my understanding, means you must depreciate on the ADS system and each component depreciated on the ADS system is not eligible for 100% bonus depreciation. CPA's answer to this is to depreciation structural improvements on ADS (30 year life) and personal property/land improvements on MACRS.
The result is that the deal can take 100% bonus and elect out of business interest limitations.
Thoughts?