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The precedent for determining which items qualify as Section 1245
property exists in both case law and IRS guidance. The determination
is ultimately based on the facts and circumstances of each case.
Relevant variables include whether the property can be moved, was
intended to remain in place, or is readily removable and relates
to the operation and maintenance of the building.
* air filtration systems
appliances
cabinets and shelving
certain floor covering
certain wall covering
* electric work (including electrical distribution systems)
emergency and decorative lighting
emergency power generators
false balconies and other exterior ornamentation
finish carpentry
fire extinguishers
* heating, ventilation and cooling systems
intercom and security systems
interior ornamentation (including certain molding)
loading docks
lockers
millwork
movable wall partitions
* plumbing
raised floors
shelving (dependent upon manner of affixation and purpose)
signs and lettering
window treatments
soft costs (certain soft costs only)
* to the extent used for specialized equipment and machines
fencing
landscaping
lighting
parking lots
sidewalks
utilities
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