© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. © 2012 McGladrey LLP. All Rights Reserved. © 2013 McGladrey LLP. All Rights Reserved. TEI – Florida ---- May 1, 2015 Impact of the Final Tangible Asset Regulations A Mid 2015 Review of Practical Approach to Compliance

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Objectives ----  How to attack the fundamental components of the new regulations for compliance – Considerations in this review:  Components of the rules and their overlap  Clear understanding of past practices  Match past practices with the components of the new rules  Computations and disclosures for returns  Create new practices if needed 1

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Current Historical Timeline  December Temporary and proposed regulations released  March Transition/method change rules issued - LB&I directive issued  November Notice issued  December Technical amendments issued  March LB&I Directive updated  Sept. 13, Final and proposed regulations issued Published in Federal Register on Sept. 19, 2013  January Release of first Revenue Procedure outlining new transition/method change rules 2

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. General framework  Materials and supplies  Capital expenditures in general - De minimis safe harbors  Costs to acquire or produce tangible property  Costs to improve tangible property  Dispositions or GAAs 3

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Materials and supplies—definitions  Component acquired to maintain, repair, or improve UOP, including rotable or temporary spare parts (rotables) and standby emergency spare parts  Fuel, lubricants, water, etc. reasonably expected to be consumed in ≤12 months, beginning when first used  UOP with economic useful life of ≤12 months, beginning when first used or consumed  UOP with acquisition or production cost of ≤ $200  Identified in published guidance as materials and supplies 4

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Materials and supplies—methods  If de minimis safe harbor elected, applies to all eligible materials and supplies except as otherwise provided  Incidental–deduct when purchased  Non-incidental–deduct when used or consumed  Concepts around “ keeping track of and recording balances of supplies” --- how this creates or does not create non-incidental presumption 5

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Materials and Supplies --- Spare Parts  Optional method of accounting for rotables only for pools of rotables used in same business if also book method - If not book method, must use for all pools of rotables in business for tax purposes - Not eligible for de minimis safe harbor  Election to capitalize and depreciate only for rotables or standby emergency spare parts - Not eligible for de minimis safe harbor 6

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. De minimis safe harbors  Taxpayers with Applicable Financial Statement (AFS) - Follow written book capitalization policy up to $5,000 per item or invoice, as applicable, if policy in effect and followed in AFS since beginning of tax year  Taxpayers without AFS - Follow book accounting procedures policy up to $500 per item or invoice, as applicable, if book accounting procedures in effect and followed in books and records since beginning of tax year  Annual election  Anti-abuse rule 7

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Costs to acquire or produce UOP  Capitalize amounts paid to: - Acquire or produce UOP - Defend or perfect title to UOP - Facilitate acquisition of UOP Special rules for real property investigatory costs Simplifying convention for employee costs and overhead Contingency fees included in basis of property acquired - No allocation to property not acquired  Acquisition costs of property included in de minimis safe harbor election are not capitalizable acquisition costs 8

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. What in the World is a “UOP”  All the components that are functionally interdependent comprise a single unit of property. Components of property are functionally interdependent if the placing in service of one component by the taxpayer is dependent on the placing in service of the other component by the taxpayer. Reg §1.263(a)-3(e)(3)(i). 9

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Determining the UOP  General rule—functional interdependence standard  Special rules - Buildings - Leased property Leasehold improvements made by lessee are not treated as UOP separate from the leased property - Plant property (industrial processes) - Network assets 10

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. UOP within Buildings  Although a building is defined as a unit of property for other purposes, the determination of whether an expenditure is deducted as a repair or capitalized as an improvement is made by treating each of nine building "systems" as a separate unit of property. These building systems include:  1) Heating, ventilation, and air conditioning (HVAC) systems;  2) Plumbing systems;  3) Electrical systems;  4) All escalators;  5) All elevators;  6) Fire-protection and alarm systems;  7) Security systems;  8) Gas distribution systems; and  9) Other structural components that are specifically designated as building systems in future published guidance (Reg. §1.263(a)-3(e)(2)(ii)). 11

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Routine maintenance safe harbor  Routine and recurring amounts paid to keep UOP in ordinary efficient working condition do not improve UOP  Application to building property (including building systems) - Taxpayer reasonably expects to perform activity more than once within 10 years of the placed-in-service date of the building or building system  Application to non-building property - Taxpayer reasonably expects to perform activity more than once during UOP’s Alternative Depreciation System class life 12

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Amounts paid to improve tangible property - Reg. section 1.263(a)-3 Improvement BettermentRestorationAdaptation 13

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Betterments  Corrects a material defect -- a material condition or defect that either existed before the taxpayer's acquisition of the unit of property or arose during the production of the unit of property (whether or not the taxpayer was aware of the condition or defect at the time of acquisition or production);  Is for material addition or addition of major component to UOP  Is “reasonably expected to” materially increase the productivity, efficiency, strength, quality, or output of the UOP  No bright-line tests - Additional detail in examples to clarify application of rules 14

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Restorations  Replaces a component deducted as loss  Replaces a component and basis adjusted for sale or exchange  Repair after casualty if basis adjusted - Revisions to casualty loss rules  Returns to operating condition if in state of nonfunctional disrepair  Rebuilds to like-new condition after end of class life  Replaces a major component or substantial structural part - Clarification of definitions of major component (function) and substantial structural part (size) New definition for buildings  Addition of salvage value exception 15

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Adaptations  Adapts to a new or different use  Three new illustrative examples added - Retail drugstore adds walk-in medical clinic = adaptation - Grocery store adds sushi bar ≠ adaptation - Hospital modifies emergency room to provide both emergency care and outpatient surgery ≠ adaptation 16

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Election to capitalize repair and maintenance costs—NEW  Annual election to capitalize repair and maintenance costs IF: - Incurred in carrying on a trade or business - Treated as capital expenditures in books and records  Election applies to all repair and maintenance amounts capitalized for book purposes - Costs treated as improvements to tangible property Depreciation begins when improvements placed in service - Does not apply to repairs of rotables accounted for under optional method 17

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Dispositions/GAAs  May be applied to taxable years beginning on or after Jan. 1, 2012, and before applicability date of final regulations - Certain elections may be made for years in which the timely filed tax return has already been filed  Building (including structural components) is the asset - No GAA election necessary to forego disposition loss  Dispositions generally only include structural components if make annual partial disposition election - Required for specified transactions (sale or section 165, 168(i)(7), 1031 or 1033 transaction)  Annual GAA election - Narrow definition of qualifying disposition  Special rule for IRS adjustments to repairs 18

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Partial Dispositions For purposes of the rules for dispositions of MACRS assets, a disposition includes a disposition of a portion of an asset:  as a result of a casualty event for which gain, determined without regard to Code Sec and Code Sec  isn't recognized in whole or in part under Code Sec (like-kind exchanges, or Code Sec (involuntary conversions,  in a transfer of a portion of an asset in a transaction described in Code Sec. 168(i)(7)(B) (certain transactions involving corporations or partnerships),  in a sale of a portion of an asset;  in a disposition, other than one listed above, of a portion of an asset if the taxpayer makes an election to treat the disposition of the disposed portion as a disposition. 19

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. Questions? Thank you !!

© 2012 McGladrey LLP. All Rights Reserved.© 2013 McGladrey LLP. All Rights Reserved. This document contains general information, may be based on authorities that are subject to change, and is not a substitute for professional advice or services. This document does not constitute assurance, tax, consulting, business, financial, investment, legal or other professional advice, and you should consult a qualified professional advisor before taking any action based on the information herein. McGladrey LLP, its affiliates and related entities are not responsible for any loss resulting from or relating to reliance on this document by any person. McGladrey LLP is an Iowa limited liability partnership and the U.S. member firm of RSM International, a global network of independent accounting, tax and consulting firms. The member firms of RSM International collaborate to provide services to global clients, but are separate and distinct legal entities that cannot obligate each other. Each member firm is responsible only for its own acts and omissions, and not those of any other party. McGladrey ®, the McGladrey logo, the McGladrey Classic logo, The power of being understood ®, Power comes from being understood ®, and Experience the power of being understood ® are registered trademarks of McGladrey LLP. © 2013 McGladrey LLP. All Rights Reserved. McGladrey LLP