1. Cost Segregation Services Asset Reclassification for Accelerated Depreciation of Business Real Estate Property Presented by: Michael F. Cannon, MA, MBA, AVA President, MCOM Corporation

2. 2 Objectives Present you with an overview of the significant tax benefits Cost Segregation Studies provide Describe the new tax law guidance that permits use of these studies Show you how these studies can benefit your clients MCOM Corporation

3. 3 Overview of the Tax Opportunity Cost Segregation Studies (CSS) and their Benefits –A CSS is an IRS accepted asset-reclassification process that accelerates tax-depreciation deductions –Real estate is reclassified from 39 yr. or 27.5 yr. depreciable property to shorter-lived (5, 7 and 15 yr.) property for depreciation purposes –Recaptures available depreciation from prior years, producing substantial benefits IRS Tax Guidance 2004 (IRS Revenue Procedure 2004-11) now allows “Presumptive Approval” of this asset reclassification technique This procedure is safe and sure. If done following IRS Guidelines and Procedures no restatement of prior tax returns is required MCOM Corporation

4. 4 Cost Segregation Studies Range of Estimated Benefits ( Actual Job Results 2005-9) Period Job # 1Job # 2Job # 3Job # 4Job # 5Job #6 Depreciable Total70,000,00075,000,00030,500,00017,000,0008,200,0004,300,000 Building3955,300,00064,650,00025,162,50013,600,0006,560,0003,440,000 Land Improvements155,600,0003,825,0001,220,0001,360,000 656,000 344,000 Furnishings7 0 0 0 0 0 0 Equipment59,100,0006,525,0004,117,5002,040,000 984,000 516,000 Addl Depreciation7,975,0007,090,0003,790,0001,797,000 866,000 454,500 Addl Taxes Deferred3,230,0002,878,0001,600,000 727,700 351,000 184,000 Cum NPV@8%2,425,0001,850,0001,080,000 584,000 281,900 147,800 MCOM Corporation

5. 5 The Cost Segregation Core Concept The Basis for Component Depreciation 1250 and 1245 Property Definitions –1250 Property Building land and systems, in place to allow and support the functions of the structure as a building Allows depreciation at 39.5 and 27.5 years –1245 Property Building components, land and systems in place to allow and support the functions of the structure as a business Allows accelerated depreciation at 15, 7 and 5 year terms MCOM Corporation

6. 6 The Major Client Benefits Allocation of direct costs to shorter asset lives Accelerated write down of soft/indirect costs Lowers tax liability and increases cash flow Recaptures reclassified depreciation back to 1987 in one year “catch-up” Faster write down of new construction, renovations and/or expansions No need to amend previously filed tax returns; for entity or for shareholders MCOM Corporation

7. 7 Typical Non Accelerated Case Total Depreciable Building Costs Depreciation Schedule 5 Year Property 0 7 Year Property 0 15 Year Property 0 39 Year Property 100% MCOM Corporation

8. 8 Some Acceleration Done By CPA Firm or Internal Finance Team Total Depreciable Building Costs Depreciation Schedule 5 Year Property 0 7 Year Property 2-4% FF&E 15 Year Property 0 39 Year Property 96-98% MCOM Corporation

9. 9 Systematic Cost Segregation Study Process Professional CSS Team Soft Costs Other Indirect Costs Hard Costs Total Building Costs Depreciation Schedule 5 Year 8-12% 7 Year 4-8% 15 Year 10-15% 39 Year 65-80% Expensable Items Loan Amortization Expensable Items MCOM Corporation

10. 10 Systematic Cost Segregation Study Process Professional CSS Team Soft Costs Other Indirect Costs Hard Costs Total Building Costs Depreciation Schedule 5 Year 8-12% 7 Year 4-8% 15 Year 10-15% 39 Year 65-80% Expensable Items Loan Amortization Expensable Items Personal Property Electrical Plumbing HVAC Personal Property FF&E Security Sys Accessories Site Work Site Preparation Concrete Landscaping Structural Property Foundations Walls, Roof Interior Systems

11. 11 Systematic Cost Segregation Study Process Older Buildings Professional CSS Team Soft Costs Other Indirect Costs Hard Costs Total Building Costs Depreciation Schedule 5 Year 8-12% 7 Year 4-8% 15 Year 10-15% 39 Year 65-80% Expensable Items Depreciation Catch Up Prior Yrs Loan Amortization Expensable Items Personal Property Electrical Plumbing HVAC Personal Property FF&E Security Sys Accessories Site Work Site Preparation Concrete Drainage Structural Property Foundations Walls, Roof Interior Systems

12. 12 Companies That Benefit the Most Processing Plants (60-90%) Heavy Manufacturing (25-70%) Hotels (20-50%) Office Building (15-40%) Retail (15-40%) Restaurants (15-40%) Grocery (15-40%) Light Manufacturing (15-40%) Nursing Homes (15-30%) Warehouses (8-12%) MCOM Corporation

13. 13 How Can You Tell If A Client Has Taken Full Advantage of This CSS Benefit? A look at their depreciation schedules will show; –Total amounts in 5, 7, 15 and 39 year –Types of items accelerated –Existence of report detailing case law support –Systematic approach mandated by IRS Provide depreciation schedule to reputable Cost Segregation firm for cost/benefit analysis Client can determine if the cost/benefit is worth it MCOM Corporation

14. Example of Estimated Depreciation Acceleration OriginalCost Segregation* DepreciationEstimated ScheduleImprovement Depreciation Total$70,000,000 39 year$68,000,000 15 year$0$6,000,000 7 year$2,000,000$0 5 year$0$9,000,000 Estimated Addl Dep.$0$8,000,000 Estimated Tax Defer.$0$2,800,000 *Based on; building type, basis, years in service and item classification 14 MCOM Corporation

15. 15 Some Business Situations Will Not Benefit Alternative Minimum Tax may reduce immediate benefits to carry forward Pass thru of benefits has value only to shareholders who can use the deduction Prompt disposition of property may cause recapture of depreciation if gain is attributed to the accelerated asset, this is generally NOT the case. MCOM Corporation

16. 16 Brief History of How We Got Here 1962-1997 depreciation taxation rules varied widely between; –Investment Tax Credit case law, ACRS in 1981, Tax Reform Act of 1986 and the Revenue Reform Act of 1989 1997 HCA landmark tax court case –became basis for reclassification of assets as per ITC case law –Numerous real estate owners petitioned the tax courts stating that they were required to construct “special use” rooms with special HVAC, electric, etc. systems to run their medical systems and specialty testing instrumentation. 1999 IRS accepts HCA ruling but vows to “scrutinize” each case 2004 IRS agrees; –changes in depreciation are “a change in method of accounting”, –allows “presumptive acceptance” of accounting changes, and –eliminates need to amend previous returns 2005 IRS Guidance (Dec 2004) sets standards on report content, qualifications of preparers, engineering standards, knowledge MCOM Corporation

17. 17 1245 Property1245 Property –Finish Carpentry –Security and Communications Systems –Electrical –Plumbing –Site Work –HVAC –Specialties and Accessories Indirect or Soft CostsIndirect or Soft Costs Owner Incurred Costs Paid Outside of General ContractOwner Incurred Costs Paid Outside of General Contract Major Areas of Cost Allocation MCOM Corporation

18. 18 1245 Property Finish Carpentry Wall & Floor Coverings Specialty Finish WoodworkDecorative Millwork Electrical MCOM Corporation

19. 19 1245 Property Security & Communication Systems Interior Electrical for Machinery and Equipment Interior Electrical for Machinery and Equipment Security Lighting MCOM Corporation

20. 20 1245 Property Plumbing Sanitary Drainage Storm Drainage Trench Drains Grease Interceptors MCOM Corporation

21. 21 1245 Property Exterior Gas Lines Interior Kitchen Equipment Site Work Exterior Decorative Lighting Interior Decorative Lighting MCOM Corporation

22. 22 1245 Property Pavement Walkways & Curbing Landscaping HVAC Site Lighting MCOM Corporation

23. 23 1245 Property HVAC Specialty Equipment Process Air Conditioning Duct Work for Kitchen A/C for Computer Process Other Specialties & Accessories MCOM Corporation

24. 24 Cost Segregation Process Is Detailed and Exacting: Requires Specialized Expertise Taxation Planning and Procedures Specifically for Cost Segregation Studies In Depth Engineering Expertise Detailed Project Management Expertise MCOM Corporation

25. 25 Taxation Expertise New Depreciation Rules and Regulations Specialized Tax Case Law verdicts from; –1970’s Investment Tax Credit case law –Tax Reform Act of 1986 and Revenue Reform Act of 1989 –HCA Case 1997 –IRS HCA tax court ruling 1999 –2004 IRS new rulings and guidance Body of case law, recent verdicts and pending cases Tax Law Expertise Engineering TeamProject Management MCOM Corporation

26. 26 Engineering Expertise Cost segregation engineers, licensed and experienced in the field, with deep knowledge in –Site, costing, materials, estimating expertise –RS Means, Marshall & Swift data mining Wide experience in all cost segregation aspects –Latest knowledge in real estate tax innovation and CSS study development –Site visit documentation process for all reclassification activities –Manage all aspects of component analysis, verification and take offs as well as building cost reconstruction where data is not available Tax Law Expertise Engineering TeamProject Management MCOM Corporation

27. 27 Project Management Expertise Project managers must be experienced in –Direction of program components and scheduling of multi-team efforts –Control systems to deliver projects on time and within approved budget –Coordination of key data with client/CPA firms –Key supplier relationships for essential information gathering; GC, Subcontractors, suppliers, plans, AIA, Change Orders, Invoices Tax Law Expertise Engineering TeamProject Management MCOM Corporation

28. 28 How We Would Work With Your Clients Adapt to whatever form you feel is best for your client –Independent supplier of the service –Associated company to your services –As a part of your internal client service Our process would follow you and your client preferences An “average” process would be as follows; –Initial presentation of service to client –Client provides depreciation schedule for review –We present potential benefit and study costs to client for review –Client gives us additional information on building property to begin study –Client signs engagement letter –We begin the project * Client Responsibility

29. 29 Essential Steps In the Work Process Acquire and organize all construction information Assure that “all in” numbers tie to depreciation schedule totals* Assign work teams and establish timetables –engineering and construction experts to hard cost analysis –financial team to all indirect and soft cost analysis Conduct site visits and obtain photographic documentation Allocate the building costs to their appropriate depreciable tax lives Write and assemble report components; –project methodology and background narratives –engineering breakdown and cost estimates –summary of the new real and personal property by the appropriate tax lives –documentation (IRS Code, Treasury Regulations, court cases and revenue rulings) as it applies to use of the real estate and your specific industry Report serves as stand alone substantiation to support conclusions Present completed report and IRS Form 3115 to your team Team usually made up of 6 to 8 experts * Client Responsibility

30. 30 Materials Available For Your Review Examples of Completed Studies Information Guide To Initiate Work Depreciation Acceleration Estimates from Existing Depreciation Schedules MCOM Corporation

31. Thank You!