Treasury Regulations (26 C.F.R.)
26 CFR § 1.167(a)-10
When depreciation deduction is allowable.
# (a)
A taxpayer should deduct the proper depreciation allowance each year and may not increase his depreciation allowances in later years by reason of his failure to deduct any depreciation allowance or of his action in deducting an allowance plainly inadequate under the known facts in prior years. The inadequacy of the depreciation allowance for property in prior years shall be determined on the basis of the allowable method of depreciation used by the taxpayer for such property or under the straight line method if no allowance has ever been claimed for such property. The preceding sentence shall not be construed as precluding application of any method provided in section 167(b) if taxpayer's failure to claim any allowance for depreciation was due solely to erroneously treating as a deductible expense an item properly chargeable to capital account. For rules relating to adjustments to basis, see section 1016 and the regulations thereunder.
# (b)
The period for depreciation of an asset shall begin when the asset is placed in service and shall end when the asset is retired from service. A proportionate part of one year's depreciation is allowable for that part of the first and last year during which the asset was in service. However, in the case of a multiple asset account, the amount of depreciation may be determined by using what is commonly described as an “averaging convention”, that is, by using an assumed timing of additions and retirements. For example, it might be assumed that all additions and retirements to the asset account occur uniformly throughout the taxable year, in which case depreciation is computed on the average of the beginning and ending balances of the asset account for the taxable year. See example (3) under paragraph (b) of § 1.167(b)-1. Among still other averaging conventions which may be used is the one under which it is assumed that all additions and retirements during the first half of a given year were made on the first day of that year and that all additions and retirements during the second half of the year were made on the first day of the following year. Thus, a full year's depreciation would be taken on additions in the first half of the year and no depreciation would be taken on additions in the second half. Moreover, under this convention, no depreciation would be taken on retirements in the first half of the year and a full year's depreciation would be taken on the retirements in the second half. An averaging convention, if used, must be consistently followed as to the account or accounts for which it is adopted, and must be applied to both additions and retirements. In any year in which an averaging convention substantially distorts the depreciation allowance for the taxable year, it may not be used.
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In this part (40 sections)
- 1.166-1 · Bad debts.
- 1.166-2 · Evidence of worthlessness.
- 1.166-3 · Partial or total worthlessness.
- 1.166-4 · Reserve for bad debts.
- 1.166-5 · Nonbusiness debts.
- 1.166-6 · Sale of mortgaged or pledged property.
- 1.166-7 · Worthless bonds issued by an individual.
- 1.166-8 · Losses of guarantors, endorsers, and indemnitors incurred on…
- 1.166-9 · Losses of guarantors, endorsers, and indemnitors incurred, on…
- 1.166-10 · Reserve for guaranteed debt obligations.
- 1.167(a)-1 · Depreciation in general.
- 1.167(a)-2 · Tangible property.
- 1.167(a)-3 · Intangibles.
- 1.167(a)-4 · Leased property.
- 1.167(a)-5 · Apportionment of basis.
- 1.167(a)-5T · Application of section 1060 to section 167 (temporary).
- 1.167(a)-6 · Depreciation in special cases.
- 1.167(a)-7 · Accounting for depreciable property.
- 1.167(a)-8 · Retirements.
- 1.167(a)-9 · Obsolescence.
- 1.167(a)-10 · When depreciation deduction is allowable.
- 1.167(a)-11 · Depreciation based on class lives and asset depreciation…
- 1.167(a)-12 · Depreciation based on class lives for property first…
- 1.167(a)-13T · Certain elections for intangible property (temporary).
- 1.167(a)-14 · Treatment of certain intangible property excluded from…
- 1.167(b)-0 · Methods of computing depreciation.
- 1.167(b)-1 · Straight line method.
- 1.167(b)-2 · Declining balance method.
- 1.167(b)-3 · Sum of the years-digits method.
- 1.167(b)-4 · Other methods.
- 1.167(c)-1 · Limitations on methods of computing depreciation under…
- 1.167(d)-1 · Agreement as to useful life and rates of depreciation.
- 1.167(e)-1 · Change in method.
- 1.167(f)-1 · Reduction of salvage value taken into account for certain…
- 1.167(g)-1 · Basis for depreciation.
- 1.167(h)-1 · Life tenants and beneficiaries of trusts and estates.
- 1.167(i)-1 · Depreciation of improvements in the case of mines, etc.
- 1.167(l)-1 · Limitations on reasonable allowance in case of property of…
- 1.167(l)-2 · Public utility property; election as to post-1969 property…
- 1.167(l)-3 · Multiple regulation, asset acquisitions, reorganizations,…