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How can the owner get a tax write off if the owner already depreciated the building? Isn that double dipping and getting twice the tax benefit from the same asset?

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How can the owner get a tax write off if the owner already depreciated the building? Isn that double dipping and getting twice the tax benefit from the same asset?

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A. Yes, under IRS Code Section 170(e), if the asset is classified as a “real estate” asset under IRS Code Section 1250, which is typically a building and its structural components. So, if an owner purchased a property 30 years ago and fully depreciated it, the owner took the full advantage of the GAAP tax benefits, and now the owner can write off the asset as a charitable contribution through 561 Exchange.

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