Depreciation is a loss in the value of property over the time the property is being used. You can get back your cost of certain property by taking deductions for depreciation. This includes the cost of certain buildings and equipment you use in your business.
Special depreciation rules apply to qualified property that you place in service on an Indian reservation after 1993 and before 2005. These special rules allow you to use shorter recovery periods to figure your depreciation deduction for qualified property. As a result, your deduction is larger. Your business does not have to use the property in an empowerment zone, enterprise community, or renewal community to use these special rules.
The special depreciation rules that apply to qualified Indian reservation property is set to expire for property placed in service after 2004. However, at the time this publication was issued, Congress was considering legislation that would apply the special rules for property placed in service in 2005. See What's Hot in Tax Forms, Pubs, and Other Tax Products at www.irs.gov/formspubs to find out if this legislation was enacted
Property eligible for the shorter recovery periods is 3-, 5-, 7-, 10-, 15-, and 20-year property and nonresidential real property. You must use this property predominantly in the active conduct of a trade or business within an Indian reservation. Real property you rent to others that is located on an Indian reservation is also eligible for the shorter recovery periods.
The following property is not
- Property used or located outside an Indian reservation on a regular basis, other than qualified infrastructure property.
- Property acquired directly or indirectly from certain related persons.
- Property placed in service for purposes of conducting or housing certain gaming activities.
- Any property you must depreciate under the Alternative Depreciation System (ADS).
Item (1) above does not apply to qualified infrastructure property located outside the reservation that is used to connect with qualified infrastructure property within the reservation.
Qualified infrastructure property is property that meets all the following requirements.
- It is qualified property, as defined earlier (except that it is outside the reservation).
- It benefits the tribal infrastructure.
- It is available to the general public.
- It is placed in service in connection with the active conduct of a trade or business within a reservation.
Infrastructure property includes, but is not limited to, roads, power lines, water systems, railroad spurs, and communications facilities.
The following table shows the shorter recovery periods you can use to depreciate qualified property.
Table 7. Recovery Periods for Qualified Property
|3-year ||2 years |
|5-year ||3 years |
|7-year ||4 years |
|10-year ||6 years |
|15-year ||9 years |
|20-year ||12 years |
|Nonresidential real property ||22 years |
For more information about depreciation, including the special rules that apply to property used on Indian reservations, see Publication 946.