Treasury Regulations (26 C.F.R.)
26 CFR § 1.167(h)-1
Life tenants and beneficiaries of trusts and estates.
# (a) Life tenants.
In the case of property held by one person for life with remainder to another person, the deduction for depreciation shall be computed as if the life tenant were the absolute owner of the property so that he will be entitled to the deduction during his life, and thereafter the deduction, if any, shall be allowed to the remainderman.
# (b) Trusts.
If property is held in trust, the allowable deduction is to be apportioned between the income beneficiaries and the trustee on the basis of the trust income allocable to each, unless the governing instrument (or local law) requires or permits the trustee to maintain a reserve for depreciation in any amount. In the latter case, the deduction is first allocated to the trustee to the extent that income is set aside for a depreciation reserve, and any part of the deduction in excess of the income set aside for the reserve shall be apportioned between the income beneficiaries and the trustee on the basis of the trust income (in excess of the income set aside for the reserve) allocable to each. For example:
(1) If under the trust instrument or local law the income of a trust computed without regard to depreciation is to be distributed to a named beneficiary, the beneficiary is entitled to the deduction to the exclusion of the trustee.
(2) If under the trust instrument or local law the income of a trust is to be distributed to a named beneficiary, but the trustee is directed to maintain a reserve for depreciation in any amount, the deduction is allowed to the trustee (except to the extent that income set aside for the reserve is less than the allowable deduction). The same result would follow if the trustee sets aside income for a depreciation reserve pursuant to discretionary authority to do so in the governing instrument.
# (c) Estates.
In the case of an estate the allowable deduction shall be apportioned between the estate and the heirs legatees, and devisees on the basis of income of the estate which is allocable to each.
[T.D. 6500, 25 FR 11402, Nov. 26, 1960. Redesignated, T.D. 6712, 29 FR 3653, Mar. 24, 1964]
Source: view the official text
In this part (40 sections)
- 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,…
- 1.167(l)-4 · Public utility property; election to use asset…
- 1.167(m)-1 · Class lives.
- 1.168-5 · Special rules.
- 1.168(a)-1 · Modified accelerated cost recovery system.
- 1.168(b)-1 · Definitions.
- 1.168(d)-0 · Table of contents for the applicable convention rules.
- 1.168(d)-1 · Applicable conventions—half-year and mid-quarter…
- 1.168(h)-1 · Like-kind exchanges involving tax-exempt use property.
- 1.168(i)-0 · Table of contents for the general asset account rules.
- 1.168(i)-1 · General asset accounts.
- 1.168(i)-2 · Lease term.
- 1.168(i)-3 · Treatment of excess deferred income tax reserve upon…
- 1.168(i)-4 · Changes in use.
- 1.168(i)-5 · Table of contents.
- 1.168(i)-6 · Like-kind exchanges and involuntary conversions.