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Industry

Real estate & construction tax

Depreciation timing, exchanges, contract accounting and passive activity rules make property one of the most planning-sensitive sectors in the tax code, and Tampa is one of the busiest markets in the country for it.

Why Florida is different

No state income tax is not the same as no tax planning

Property owners moving to Florida often assume the planning work is done once they arrive. In practice the federal levers are where nearly all of the value sits, and Florida has its own set of obligations that catch newcomers out.

  • No personal income tax, but that is not the whole pictureFlorida imposes no individual income tax, so pass-through rental and development income escapes state tax for residents. Federal treatment is unchanged, and property held in other states is taxed there.
  • Tangible personal property taxFlorida counties tax business tangible personal property. The DR-405 return is due 1 April, and the exemption available on a timely filed return is lost entirely if the return is late.
  • Sales and use tax on constructionWhether a contractor is treated as the consumer of materials or as a retailer depends on the contract form. Getting this wrong is one of the most common findings in a Florida contractor audit.
  • Documentary stamp and transfer taxesFlorida charges documentary stamp tax on deeds and on notes and mortgages, which is a real transaction cost that belongs in any acquisition or refinancing model.
A modern Florida property with a pool

Who we work with

Six kinds of property business

The tax questions differ sharply between an investor holding two rentals and a general contractor running crews in three states. We work across the sector.

Investors & landlords

From a first rental through to a portfolio held across several LLCs. Passive activity limits, basis tracking and grouping elections.

Developers & syndications

Partnership allocations, capital accounts, preferred returns, and the timing differences between book and tax income.

General contractors

Long-term contract accounting, look-back interest, retainage, and the small-contractor exceptions that change the method available to you.

Specialty trades & subcontractors

Equipment depreciation, multi-state crews, worker classification, and sales and use tax on materials versus installation.

Property managers

Trust accounting, 1099 reporting for owners and vendors, and the sales tax treatment of Florida commercial rent.

Short-term rental owners

The material participation tests that decide whether losses are active, plus Florida transient rental and county tourist development taxes.

Technical drawings and blueprints on a work table

Building it

Contract accounting, equipment depreciation and crews that cross state lines.

A model house beside a set of keys

Holding it

Depreciation timing, exchanges, basis tracking and passive activity limits.

The levers

Where property tax planning actually happens

Eight strategies that account for most of the value we find in this sector. Which apply depends on the asset, the holding period and how the ownership is structured.

  • Cost segregationReclassifying components of a building into 5, 7 and 15-year property so depreciation is front-loaded rather than spread across 27.5 or 39 years. On a mid-size commercial property the first-year effect is often six figures.
  • Bonus depreciation and Section 179Bonus depreciation has been phasing down, which changes the arithmetic of a cost segregation study year by year. Section 179 expensing also now reaches qualified improvement property, roofs, HVAC and fire protection systems.
  • Section 1031 like-kind exchangesDeferring gain on the disposal of investment property, with the 45-day identification and 180-day closing deadlines that leave no room for slippage. Real property only since 2018.
  • Real estate professional statusThe 750-hour and more-than-half tests under Section 469 that determine whether rental losses offset ordinary income or sit suspended. Contemporaneous time logs decide this on examination.
  • Section 163(j) and the real property electionElecting out of the business interest limitation in exchange for longer ADS depreciation lives, a trade-off that has to be modeled, because the election is irrevocable.
  • Long-term contract accountingPercentage-of-completion versus completed-contract, the gross receipts test for the small-contractor exception, and look-back interest on completed contracts.
  • Section 179D and 45L incentivesDeductions for energy-efficient commercial building systems and credits for qualifying new residential units, including the allocation of 179D from a tax-exempt building owner to the designer.
  • Qualified Opportunity ZonesDeferral and potential exclusion on gains reinvested into a Qualified Opportunity Fund, with substantial improvement requirements and a testing regime that has to be maintained.
Construction workers on a reinforced concrete site

Contractors specifically

Contract accounting is where the money moves

For a construction business, the method you use to recognize revenue on long-term contracts has a larger effect on taxable income than almost any deduction you will find.

We test the small-contractor exception against your rolling average gross receipts each year, model completed-contract against percentage-of-completion where a choice exists, and calculate look-back interest where it applies. Alongside that we handle the practical questions that follow crews across state lines: registration, withholding, and whether materials purchased in one state and installed in another attract use tax.

Questions

Real estate & construction FAQ

It depends on the building's cost basis, how long you expect to hold it, and your ability to use the deduction. As a general guide, studies tend to become worthwhile above roughly $500,000 of depreciable basis, and the benefit is largest for properties with significant land improvements, specialized electrical or plumbing, or extensive finishes. It is worth remembering that this is deferral rather than permanent saving: depreciation recapture applies on sale, so a short expected hold weakens the case considerably. We model both sides before recommending a study.

Possibly, but the analysis is genuinely fact-specific. Section 1031 requires that both properties be held for productive use in a trade or business or for investment. Heavy personal use undermines that, and a property that functions more like a hotel, short stays with substantial services provided, may be treated as inventory rather than investment property. The safe harbor in Revenue Procedure 2008-16 sets out rental and personal-use tests worth reviewing well before you list the property.

It is a Section 469 test that, if met, allows rental losses to offset ordinary income instead of being suspended as passive. You must spend more than half of your personal service time in real property trades or businesses, and more than 750 hours in them during the year and, separately, materially participate in the rental activity itself, which is where a grouping election often matters. Someone with a demanding full-time job outside real estate essentially cannot qualify. Courts have repeatedly rejected time logs reconstructed after the fact, so contemporaneous records are the whole ballgame.

Contractors with average annual gross receipts under the inflation-adjusted small-contractor threshold, on contracts expected to complete within two years, may use the completed-contract method, which generally defers income. Above that threshold, percentage-of-completion is required for long-term contracts, and completed contracts may generate look-back interest. Home construction contracts have their own exception. The threshold is indexed annually, so this is worth re-testing each year rather than assuming last year's answer still holds.

Three things. Income tax nexus in every state where crews perform work, which is usually created immediately by physical presence. Payroll withholding and unemployment registration in those states for the employees who work there. And sales and use tax on materials, which frequently follows different sourcing rules from the income tax. Contractors are among the most commonly audited industries for state tax precisely because the footprint moves.

Related

Services this industry uses most

Strategic Tax Planning

Multi-year projections that lower the bill before year-end.

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Entity Structuring & Selection

S-corp, LLC or C-corp: modeled on your actual numbers.

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Business Tax Returns

Forms 1120, 1120-S and 1065 filed accurately and on time.

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Buying, building or selling in the next twelve months?

Property tax planning has hard deadlines: 45 days to identify an exchange target, one year-end to place an asset in service. The earlier we look, the more is still available.