What expense category is Lease Acquisition and Improvement Costs?

When a business leases property, the monthly rent is a straightforward deductible expense. However, other significant costs often arise, such as fees paid to secure the lease or money spent on improving the space. These are not regular rent expenses and have a very different tax treatment.

The IRS considers the costs to obtain a lease and the costs to make permanent improvements to be capital expenditures. This means they cannot be deducted in the year they are paid. Instead, they must be recovered over time through amortization or depreciation. This guide will explain the crucial differences between these two types of costs and how to handle them correctly for tax purposes.

Lease Acquisition vs. Leasehold Improvement Category

It is essential to distinguish between the costs of getting a lease and the costs of improving the leased property. They are treated differently.

• Lease Acquisition Costs: As detailed in IRS Publication 535, these are costs you pay to obtain a lease on business property. This includes payments like commissions, bonuses, and fees paid to a broker or the previous lessee. These are capitalized and then amortized over the term of the lease.
• Leasehold Improvements: When you, as the lessee, add buildings or make other permanent improvements to the property you are leasing, these are capital improvements. IRS Publication 535 is clear that you cannot amortize these costs over the lease term. Instead, you must depreciate them using the Modified Accelerated Cost Recovery System (MACRS), just as if you owned the property.

Important Considerations When Classifying These Costs

The tax treatment hinges on whether the cost is for acquiring the lease right (intangible) or improving the physical space (tangible).

Amortizing Lease Acquisition Costs

The costs associated with obtaining the lease must be amortized in equal amounts over the lease term. This includes any renewal options, unless 75% or more of the acquisition cost is for the remaining term of the original lease.

Depreciating Leasehold Improvements

The costs to improve the property must be depreciated over the property's recovery period under MACRS, not the lease term. For example, if you make qualified interior improvements to a nonresidential building, those improvements are generally depreciated over 15 years, even if your lease is only for 5 years.

What Happens When the Lease Ends?

If you made improvements and your lease ends before the property's recovery period is over, you do not get to deduct the remaining basis. Instead, you calculate a gain or loss based on your adjusted basis in the improvements at that time.

Tax Implications and Reporting

Because these are capital expenditures, they are reported on Form 4562.

• Lease Acquisition Costs: The annual amortization deduction is calculated and reported on Form 4562, Part VI, Amortization.
• Leasehold Improvements: The annual depreciation deduction is calculated and reported on Form 4562, Part III, MACRS Depreciation.

The total from Form 4562 is then carried to your main business tax return (e.g., Schedule C, Line 13).

What Records to Keep

To substantiate these capital costs, you must keep:

• The signed lease agreement includes all terms and renewal options.
• Invoices and proof of payment for any commissions or fees paid to acquire the lease.
• Contracts, invoices, and proof of payment for all work and materials related to any improvements made to the property.

How Fyle Can Automate Tracking for Lease-Related Capital Costs

Fyle helps you capture and organize the significant, one-time costs associated with starting a lease, ensuring they are properly capitalized and ready for your accountant to amortize or depreciate.

• Centralize All Invoices: Have brokers and contractors email invoices directly to Fyle for automatic and accurate data capture.
• Track by Project: Group all costs for a new location, from broker fees to build-out expenses, under a single project for clear tracking and accountability.
• Create a Clear Audit Trail: Attach the signed lease agreement and all contracts to the expense records in Fyle for a complete documentation package.
• Automate Your Accounting: Fyle syncs these costs to the correct fixed or intangible asset accounts in QuickBooks, Xero, NetSuite, or Sage Intacct, ensuring they are ready for amortization or depreciation.