Navigating the complexities of real estate development accounting can be challenging, especially with frequent changes in tax laws and incentives.
This FAQ is designed to provide clear, up-to-date answers to the most common questions developers face when deciding whether to expense or capitalize costs. Whether you’re a small business or a large enterprise, you’ll find practical guidance on recent legislative updates — including the One Big Beautiful Bill Act (commonly referred to as the OBBBA or OB3), Section 179 expensing, Opportunity Zones and more.
The key factor is whether your business meets the $31 milliongross receipts test. If your average annual gross receipts for the past three years are under $31 million, you can expense indirect costs like interest, real estate taxes and insurance as incurred. Above this threshold, you must capitalize these costs under Section 263A rules.
The production period begins when any physical activity starts on your property, such as clearing land, demolishing buildings or installing infrastructure. During this period, large taxpayers must capitalize interest and other indirect costs. The period ends when the property is placed in service or ready for sale.
Small business taxpayers (under $31 million) can deduct real estate taxes as incurred. Large taxpayers must capitalize these taxes if development is reasonably likely to occur, even before the production period begins.
Form 3115 is required when you change your accounting method for capitalizing costs. If your business previously exceeded the gross receipts threshold (historically $25 million, now $31 millionunder the OBBBA) and now qualifies as a small business, you must file Form 3115 in order to elect the new treatment, avoid continuing to capitalize costs unnecessarily and comply with updated IRS procedures.
Under the OBBBA (or OB3) changes, bonus depreciation rules have been modified for certain real estate improvements and qualified property. Real estate developers can now accelerate depreciation on specific components, potentially improving cash flow during development phases.
The Section 179 expensing limits were increased, allowing real estate developers to immediately deduct more equipment and certain property improvements. This provides immediate tax benefits rather than depreciating these costs over multiple years.
Yes, the OBBBA introduces enhanced tax credits and favorable capitalization rules for rural real estate development projects. These incentives include accelerated cost recovery and additional deductions for infrastructure improvements in designated rural areas.
Energy-efficient building improvements and renewable energy installations in real estate developments now qualify for expanded tax credits. These credits can offset capitalized costs and provide significant tax savings for environmentally conscious developments. It’s important to be aware of pending expiration dates for these provisions under the OBBBA.
The OBBBA extends and enhances Opportunity Zone benefits, allowing real estate developers to defer and potentially eliminate capital gains taxes. The changes also clarify which development costs qualify for favorable treatment within these designated zones.
Many real estate tax and accounting questions ultimately come down to how development costs are treated. Understanding when costs should be expensed versus capitalized is critical to accurate reporting and tax planning. For deeper guidance, see our full article: Real Estate Development – When to Expense vs. Capitalize Costs.
For more information on this topic, please contact a member of our team.
On September 29, 2026, the New York Supreme Court, Richmond County, ruled against the New York City Department of Finance (DOF) over how it rolled out the new pied-à-terre surcharge. In O’Brien v. City of New York, the court: The City filed an appeal the same day and says the appeal automatically puts the ruling…
Filing a Form 8996 by mistake has, until now, followed an entity indefinitely. Proposed regulations issued on September 11, 2026, would let an entity that inadvertently elected to self-certify as a Qualified Opportunity Fund revoke that election, but only where no qualifying investment in the entity was ever made. Outside that single fact pattern, the…
As a tax partner, Sara serves clients across the real estate industry, specializing in partnership and individual taxation. She advises closely held and institutional real estate businesses on tax compliance, strategic planning and succession, helping clients navigate tax matters while supporting long-term growth and continuity. Sara is a recognized thought leader on real estate taxation,…
