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01 July 2026

Tax treatment and planning opportunities for business leases of real property and tangible personal property depend on whether the taxpayer is the lessee or lessor. Lease provisions can significantly affect timing, character, basis, depreciation, and documentation requirements. Key federal tax issues include sale-versus-lease characterization, Sec. 467 rent timing, lessee deductions and capitalization, and lessor income and depreciation considerations.

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