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Loophole

§266 Carrying-Cost Capitalization Election

Capitalize taxes, interest, and insurance on unimproved land — convert ordinary to LTCG.

Overview

§266 lets owners of unimproved / non-productive real estate ELECT to capitalize property taxes, mortgage interest, and insurance into basis instead of deducting them. When the land later sells, those costs reduce long-term capital gain (taxed at 15–20%) instead of offsetting ordinary income (37%). Net arbitrage of 17–22 points per dollar of carry cost, and unlocks deductions that would otherwise be lost to SALT cap / passive-loss limits.

Best fit
Land bankersDevelopers holding pre-entitlement parcelsSALT-cap-limited high earners
Estimated impact
17–22% tax-rate arbitrage on all annual carry costs

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