Andrew,
With rental property. the structure is depreciated over 27.5 years – only the structure, land can not be depreciated. Since the late 80s, the tax code has only allowed straight line depreciation for rental property.
As a general rule, there are three separate asset classes that may apply to a rental property and each has its own depreciation schedule.
First is the structure, itself. Depreciation schedule is 27.5 years. If you purchase a property and complete a rehab, the cost of the structure and the cost of the rehab are totalled to determine your basis for depreciation. This amount is recovered through depreciation over 27.5 years.
Second is landscaping. Depreciation schedule is 15 years. If your rehab property also required landscaping – such as new sod, trees, shrubs – the cost of the job can be recovered through depreciation over 15 years.
Last is personal property. Depreciation schedule is 5 years. Let’s say you install a refrigerator, range, washer, dryer, even area rugs for your renter’s use. These items are personal property whose cost is recovered through depreciation over 5 years.
Many investors don’t take the time and effort to allocate their purchase price among these asset classes. Instead, they just take all the asset classes as part of the structure and depreciate the total over 27.5 years. When something needs to be replaced, then the investor will create a new depreciation schedule just for the new asset.
Perhaps your attorney was suggesting that you “itemize” the assets by class, allocate your purchase price among these asset classes, then, depreciate accordingly. This is “component segregation”. A good CPA should be able to help you through the process.
The depreciation schedules for all asset classes that apply to your rental property can be found in the IRS publication on Depreciation at the IRS website.