By: Duwayne Sibley | 04/09/26
Key Takeaways
Notice 2026-16 introduces a powerful new 100% expensing option for Qualifying Production Property (QPP), but only if property owners use a “reasonable allocation method” to separate eligible and ineligible building areas.
Notice 2026-16, issued by the IRS in response to the One Big Beautiful Bill Act, fundamentally changes how taxpayers can claim accelerated deductions for production-related real estate. For the first time, nonresidential real property used as an integral part of a Qualified Production Activity (QPA) can be expensed up to 100% of its basis in the year placed in service, provided it meets the definition of QPP.
However, the IRS is clear: only the portion of a property used as an “integral part” of a QPA qualifies. Any space used for offices, administration, sales, research, parking, or other non-production functions is ineligible. This creates a compliance challenge for property owners with mixed-use facilities, such as manufacturing plants with attached offices or warehouses with both storage and production lines.
Notice 2026-16 requires taxpayers to use a “reasonable method” to allocate basis between eligible and ineligible property. The IRS specifically allows methods such as square footage, Cost Segregation data, architectural or engineering plans, process diagrams, or construction invoices. However, it explicitly rejects allocation based on employee headcount or time spent.
The upshot: property owners must now document and defend their allocation methodology. The more precise and supportable the method, the more likely it is to withstand IRS scrutiny and maximize the QPP deduction.
While simple square footage calculations may seem straightforward, they often fail to capture the true value and complexity of modern production facilities. Square footage alone does not account for the fact that production areas typically contain more expensive finishes, specialized systems, and higher construction costs than office or administrative spaces.
Cost Segregation, by contrast, is a detailed engineering-based analysis that breaks down a building into its individual components and assigns costs based on actual construction data, blueprints, and asset use. Analysts from a firm specialzing in Cost Segregationwill review architectural plans, contractor invoices, and perform site visits to allocate costs to eligible and ineligible areas with precision.
This approach is not only more accurate but also more defensible. The IRS, in Notice 2026-16, recognizes Cost Segregation as a “reasonable method” and specifically lists Cost Segregation data as an example. By using a Cost Segregation provider, property owners can maximize their QPP deduction, reduce audit risk, and ensure compliance with the new standards.
Moreover, Cost Segregation Services often uncover additional opportunities for accelerated depreciation, such as identifying assets eligible for §179D deductions, further amplifying the tax benefits.
QPP, or qualifying production property, is a new category of nonresidential real property that is used as an integral part of a qualified production activity namely: manufacturing, agricultural production, chemical production, or refining that results in a substantial transformation of tangible personal property.
Historically, building costs for production facilities were depreciated over 39 years under MACRS (Modified Accelerated Cost Recovery System). With QPP, eligible costs can now be expensed immediately in the year the property is placed in service, provided the property is constructed or acquired within the specified timeframes (construction beginning after January 19, 2025, and placed in service after July 4, 2025, but before January 1, 2031).
This immediate expensing delivers a significant cash flow advantage, freeing up capital for reinvestment, expansion, or other business needs. It also allows companies to align their tax deductions with their actual investment in production capacity, rather than waiting decades to recover costs.
QPP is not limited to new construction. Under certain conditions, used property may also qualify, provided it was not previously used in a QPA during the specified lookback period and meets the original use and acquisition requirements.
Step 1: Feasibility Assessment A Cost Segregation Analyst reviews the facility’s use, construction dates, and business activities to determine QPP eligibility under Notice 2026-16.
Step 2: Data Collection The team gathers architectural drawings, construction invoices, process diagrams, and site photos. They conduct site visits to understand how each area of the property is used.
Step 3: Engineering Analysis Using Cost Segregation methodology, the team identifies and quantifies all building components, systems, and spaces. Each area is classified as Short Life Personal Property, Eligible QPP or Ineligible based on its function (e.g., production floor vs. office).
Step 5: Documentation A comprehensive report is prepared, detailing the allocation methodology, supporting data, and calculations. This report is essential for IRS compliance and audit defense.
Step 6: Election and Filing The taxpayer makes the QPP election by attaching a statement to the timely filed tax return for the year the property is placed in service. The statement must specify the property, the eligible basis, and the amount designated as QPP.
Step 7: Ongoing Compliance If the use of the property changes within 10 years, Depreciation Recapture rules may apply, requiring ordinary income recognition for the recaptured amount.
Q2 2026: Feasibility and Planning
Q3 2026: Data Collection and Site Analysis
Q4 2026: Engineering Study and Allocation
Q1 2027: Finalization and Tax Filing Preparation
Q2 2027: Tax Filing and Post-Filing Compliance
How does Cost Segregation allocation differ from simple square footage calculations?
Cost Segregation uses engineering analysis to allocate costs based on actual construction, asset use, and complexity, rather than just dividing by area. This results in a more accurate and often more favorable allocation, especially when production areas have higher build-out costs than offices or support spaces. It also allows you to separate short life personal property that would otherwise be lumped into a less favorable square footage allocation.
What documentation does the IRS require for QPP basis allocation under Notice 2026-16?
The IRS requires a detailed statement attached to your tax return, specifying the property, eligible basis, and amount designated as QPP. Supporting documentation should include engineering reports, Cost Segregation studies, architectural plans, and invoices to substantiate your allocation.
Does QPP (qualifying production property) work for remodeling projects or only new construction?
QPP can apply to both new construction and certain used property or improvements, provided the property meets the original use, construction, and acquisition requirements outlined in Notice 2026-16. Remodeling projects that result in new production capacity or substantial transformation may qualify.
By leveraging Cost Segregation services and a strategic approach to QPP, property owners can unlock immediate expensing for production-related real estate, maximize tax savings, and ensure full compliance with the latest IRS standards. For tailored guidance, consult a Cost Segregation Analyst to assess your facility’s potential under Notice 2026-16.
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