INDUSTRY SPECIFIC GUIDANCE - CHAPTER 7.1 - CASINOS

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE
WASHINGTON, D.C.20224

Large and Mid-Size
Business Division

March 7, 2003          

MEMORANDUM FOR
INDUSTRY DIRECTORS, LMSB
DIRECTOR, FIELD SPECIALISTS, LMSB
DIRECTOR, PREFILING AND TECHNICAL GUIDANCE, LMSB
DIVISION COUNSEL, LMSB
DIRECTOR, COMPLIANCE, SBSE

FROM:  Thomas W. Wilson, Jr. /s/ Thomas W. Wilson, Jr.
Industry Director, Communications, Technology & Media

SUBJECT:  Field Directive on Asset Class and Depreciation for Casino Construction Costs

INTRODUCTION

This memorandum is intended to provide direction to effectively utilize resources in the classification and examination of a taxpayer who is recovering construction costs through depreciation of tangible property used in connection with a land-based hotel/casino complex. Special rules may apply to floating casinos.

For depreciation purposes, a casino’s exterior facades are I.R.C. § 1250 property and wall coverings, millwork, lighting fixtures, kitchen equipment hookups and emergency power generators are I.R.C. § 1245 property. However, if it can be determined that the emergency power generators’ output is attributable to building operations, a functional allocation is appropriate for these assets. Hotel/casino complex site utilities are depreciable as I.R.C. § 1250 property. A casino’s outdoor pylon sign is a land improvement, and part of the sign may qualify as I.R.C. § 1245 property.

It is also important to determine the activity in which an asset is primarily used to determine whether it is includible in Class Life 57, Distributive Trades and Services, or Class Life 79, Recreation.

RECOMMENDATIONS

The matrix shown below contains recommendations for the categorization and lives of various land-based hotel/casino assets. If the taxpayer’s tax return position for these assets is consistent with these recommendations, no adjustments should be made to categorizations and lives. If the taxpayer reports assets differently, then adjustments should be considered.

EFFECT ON OTHER GUIDANCE

This directive should be applied in the context of other applicable depreciation principles. For example, normal examination procedures should be followed to determine whether all appropriate costs, including IRC § 263A expenses, have been associated with a particular asset. Examiners are encouraged to exercise their professional judgement when developing and resolving factual issues.

This memorandum is not an official pronouncement of the law or the Service’s position and cannot be used, cited, or relied upon as such. 

CONTACTS

If you have any questions, please contact Eric Lacher, Gaming Industry Technical Advisor, at (702) 455-1123 (Eric.A.Lacher2@irs.gov).

cc:       Commissioner and Deputy Commissioner, LMSB

Director, Performance

Chapters:

1. Introduction
2. Legal Framework
3. Cost Segregation Methodologies
4. Principal Elements of a Quality Cost Segregation Sudy and Report
5. Review and Examination of a Cost Segregation Study
6. Appendix
   1. Uniform Capitalization
   2. Change in Accounting Method
   3. Depreciation Overview
   4. Relevant Court Cases
   5. Statistical Sampling
   6. Construction Process
   7. Information Document Requests
7. Industry Specific Guidance
   1. Casinos
   2. Restaurants
   3. Retail Industries
   4. Field Directive on Planning and Examination of Cost Segregation Issues in the Biotech/Pharmaceutical Industry