Loopholes > Federal > Exclusion of Lessee Improvements from Lessor Income
DEDUCTION MEDIUM SAVINGS INVESTOR

Exclusion of Lessee Improvements from Lessor Income

IRC §1019

Lessors do not recognize income when a lease terminates and they regain property with improvements made by the lessee, and no basis adjustment is required.

Eligibility

Real estate lessors where a tenant has made permanent improvements to the leased premises.

Frequently Asked Questions

Who is eligible for the Exclusion of Lessee Improvements from Lessor Income?

Real estate lessors where a tenant has made permanent improvements to the leased premises.

How does the Exclusion of Lessee Improvements from Lessor Income work?

Lessors do not recognize income when a lease terminates and they regain property with improvements made by the lessee, and no basis adjustment is required.

What law authorizes the Exclusion of Lessee Improvements from Lessor Income?

The Exclusion of Lessee Improvements from Lessor Income is authorized under IRC §1019 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §1019

Source: Internal Revenue Code, Title 26, United States Code

§ 1019. Property on which lessee has made improvements Neither the basis nor the adjusted basis of any portion of real property shall, in the case of the lessor of such property, be increased or diminished on account of income derived by the lessor in respect of such property and excludable from gross income under section 109 (relating to improvements by lessee on lessor’s property). (Aug. 16, 1954, ch. 736, 68A Stat. 301; Pub. L. 113–295, div. A, title II, § 221(a)(76), Dec. 19, 2014, 128 Stat. 4049.) Editorial Notes Amendments2014—Pub. L. 113–295 struck out last sentence which read as follows: “If an amount representing any part of the value of real property attributable to buildings erected or other improvements made by a lessee in respect of such property was included in gross income of the lessor for any taxable year beginning before January 1, 1942, the basis of each portion of such property shall be properly adjusted for the amount so included in gross income.” Statutory Notes and Related Subsidiaries Effective Date of 2014 AmendmentAmendment by Pub. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113–295, set out as a note under section 1 of this title.