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Honorah King

Paid $100k in architect fees but never built anything - can this be added to home's cost basis for capital gains?

So we're looking to sell our primary residence soon, and I'm trying to figure out if we can get any tax benefit from a costly mistake. About 4 years ago, we hired an architect and paid around $100k for designs for a major home renovation/addition. We got all the way through the design process, permits, everything - but then COVID hit, construction costs skyrocketed, and we ultimately decided not to move forward with the project at all. Now we're planning to sell the house as-is. Can we include those architect fees in our cost basis for the home when calculating capital gains? The designs were specifically for this property, and we have all the documentation, but since we never actually built anything, I'm not sure if the IRS would consider these legitimate improvement costs. My real estate agent wasn't sure either. Has anyone dealt with something similar or know what the rules are here? I'd hate to lose the tax benefit on such a significant expense. Thanks for any guidance!

Yes, you can add those architect fees to your cost basis even though you didn't complete the project. According to IRS rules, expenses for architectural plans and drawings can be considered capital improvements to your property regardless of whether the actual work was done. The key is that these expenses were directly related to a planned improvement of your specific property. The IRS Publication 523 covers home sales and basis calculations, and it allows for adding costs of "plans and specifications" to your basis. Make sure you keep all your documentation - invoices, contracts, the actual plans, permit applications, and proof of payment. Since it's a substantial amount, having this documentation is crucial if you're ever audited.

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Are you 100% sure about this? I was told by my accountant that if the improvements were never made, then the expenses aren't considered part of the basis. Is there a specific section in Pub 523 that addresses plans that never got implemented?

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I'm quite confident but there are always nuances with tax law. Publication 523 doesn't explicitly address unimplemented plans, but the general principle is that costs directly related to capital improvements can be added to basis, which would include architectural plans. The IRS defines basis as including "amounts spent to restore property or adapt it to a new use," which architectural plans would fall under as part of the improvement process. The fact that you didn't complete the work doesn't negate that these were legitimate costs toward improving the property. The plans have value and are specifically tied to this property.

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I ran into something similar last year when selling my house. I used taxr.ai (https://taxr.ai) and it was incredibly helpful for this exact situation. I had spent about $75k on engineering and architectural plans for a major renovation that never happened, and I wasn't sure how to handle it for tax purposes. I uploaded all my documentation to the site, and their analysis confirmed I could include those costs in my basis. They even provided references to the specific IRS regulations that applied in my situation. The site lets you upload all your receipts and documents, and their AI analyzes them against current tax codes, which was perfect since my CPA wasn't 100% certain about this edge case.

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How detailed do you have to be with your documents? I have some architectural drawings from a few years ago but I'm not sure I kept all the receipts and invoices. Would the contracts be enough?

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I'm skeptical about these AI tax tools. How do you know their advice is legitimate and not just telling you what you want to hear? Did you actually use their advice on your tax return, and did it hold up?

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You should include as much documentation as possible. Contracts are a good start, but invoices and proof of payment are what the IRS really wants to see. If you have bank statements showing the payments, those work well too. The more documentation, the better your position if you ever get audited. I was initially skeptical too! But their analysis includes citations to specific IRS publications and tax court cases. I did use their advice when filing my taxes, and yes, it held up. I even had my CPA review their analysis, and he agreed with their conclusion after seeing the references they provided. It saved me about $15k in capital gains taxes.

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Wait, is this for real? How does this service actually work? I've been trying to call the IRS for 3 weeks about a completely different issue and can't get through.

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Sounds like a scam. Why would paying a third party magically get you through to the IRS when millions of people can't get through? The IRS phone system doesn't have a "VIP line" that companies can access. I'll stick with waiting on hold like everyone else.

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It's completely legitimate. The service uses an automated system that navigates the IRS phone tree and waits on hold for you. When a human IRS agent picks up, you get a call connecting you directly to that agent. It's not a "VIP line" - they're just handling the waiting part for you. I was skeptical too, honestly. But I was desperate after trying for weeks. The way it works is they call the IRS, navigate the complicated phone menus, wait on hold (sometimes for hours), and then when they finally reach a human, they connect you. It's basically like having someone else wait in line for you. No magic, just automation and persistence.

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I need to apologize for being so skeptical about Claimyr in my earlier comment. After waiting on hold with the IRS for 2+ hours and getting disconnected TWICE, I was desperate enough to try it. I'm shocked to say it actually worked exactly as described. They called me back after about 40 minutes with an IRS agent already on the line. The agent was able to help me confirm that architectural fees can indeed be added to basis even if construction never happens, as long as the plans were specific to the property and I had proper documentation. She specifically referenced that architectural plans are considered "capital expenditures" regardless of whether construction occurs. For anyone dealing with this architect fee situation AND having trouble reaching the IRS for clarification, this service saved me hours of frustration and gave me definitive confirmation from the IRS directly.

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Just wanted to add - make sure the architectural plans were specifically for improvements and not for repairs! Only capital improvements can be added to your basis. Repairs just maintain the property and aren't counted. Also, if you received any insurance reimbursement for any part of those architectural fees, you'd need to subtract that amount. I learned this the hard way when I tried to include some design costs that my homeowner's insurance had partially covered after a tree fell on our house.

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That's a good point about improvements vs. repairs. These were definitely for improvements - it was a major addition that would have added about 1500 sq ft and completely redone the kitchen. No insurance was involved, we paid everything out of pocket. Do I need to get an appraisal or anything to prove the designs were for improvements?

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You don't necessarily need an appraisal, but having the actual architectural plans will help demonstrate they were for improvements rather than repairs. The plans themselves should clearly show that you were adding square footage and renovating the kitchen, which are definitely capital improvements. Since you're dealing with a substantial amount ($100k), I'd recommend keeping a well-organized file with the plans, all invoices, proof of payments, and a brief written description of the intended project. Also helpful would be any permit applications or approvals, as those typically specify the nature of the work planned.

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Has anyone actually been audited on this issue? I'm in almost the exact same situation ($80k in architectural and engineering fees, project cancelled due to cost increases) and I'm trying to gauge the risk. I'm planning to sell next year and would love to include these costs in my basis.

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I included about $35k of architectural fees for an uncompleted project when I sold my house in 2023. My return did get reviewed (not a full audit), and they asked for documentation. I provided the architectural contracts, proof of payment, and the actual plans. They accepted it without further questions.

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I went through something very similar last year - $90k in architectural and structural engineering fees for a major home renovation that we abandoned when lumber costs tripled. I was nervous about including it in my basis, but my tax preparer was confident it qualified. The key distinction my CPA explained is that these aren't just "planning costs" - they're actual capital expenditures toward improving your property. The architectural plans have inherent value and are permanently tied to your specific property, even if you never execute the construction. I kept everything organized: the original contract with the architect, all invoices, bank statements showing payments, copies of the plans themselves, and even the permit applications we filed. When I sold the house, I included the full $90k in my adjusted basis calculation. One tip: if you're still unsure, consider getting a professional opinion from a tax attorney or CPA who specializes in real estate transactions. For a $100k expense, the consultation fee would be worth the peace of mind. In my case, including those fees saved me about $22k in capital gains taxes, so it was definitely worth pursuing.

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This is really helpful, thanks for sharing your experience! I'm curious - did you have to provide any additional documentation beyond what you mentioned when you filed your taxes? I'm wondering if I should get something in writing from my architect confirming that the plans were specifically designed for capital improvements to the property, or if the plans themselves are sufficient evidence. Also, when you say your tax preparer was "confident" - did they cite any specific IRS guidance or precedent cases? I want to make sure I'm not missing anything important before I proceed with including these costs in my basis calculation.

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The plans themselves should be sufficient evidence since they clearly show the scope and nature of the intended improvements. However, having a letter from your architect could be helpful additional documentation, especially if the plans don't explicitly detail square footage additions or other capital improvements. My CPA referenced IRS Publication 551 (Basis of Assets) and Publication 523 (Selling Your Home), which both indicate that costs for architectural plans and specifications can be added to basis as part of capital improvements. He also mentioned Treasury Regulation 1.263(a)-2, which defines capital expenditures to include amounts paid for plans and specifications for capital improvements. The key is that your architectural fees were paid to create something of permanent value tied to your specific property - even though construction didn't happen, those plans still represent a capital expenditure toward improving the property. Just make sure your documentation clearly shows the fees were for improvement plans (adding value/functionality) rather than repair or maintenance work.

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I'm dealing with a very similar situation and found this thread incredibly helpful! I paid about $65k for architectural plans and engineering studies for a major renovation that we cancelled when construction bids came in 40% higher than expected. After reading through everyone's experiences here, I decided to consult with a tax professional who specializes in real estate. She confirmed that these costs can definitely be included in basis, citing the same IRS publications mentioned by others (Pub 523 and 551). The key point she emphasized is that the architectural plans represent a permanent capital expenditure tied specifically to your property - they have inherent value regardless of whether construction occurs. One additional piece of advice she gave me: if your architectural fees included any costs for general feasibility studies or preliminary consultations (before specific plans were drawn), those portions might not qualify. But detailed architectural drawings, structural engineering reports, and permit-ready plans definitely count as capital improvements to basis. I'm planning to include the full amount when I sell next year, and I feel much more confident about it after seeing how many others have successfully done the same. Thanks to everyone who shared their experiences - this kind of real-world feedback is invaluable for these tricky tax situations!

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That's a really important distinction about feasibility studies vs. actual architectural plans! I hadn't thought about that difference. In my case, about $15k of my total fees were for initial site surveys and feasibility analysis before we even knew what we wanted to build. Sounds like I should probably separate those costs from the actual design work when calculating my basis. Did your tax professional give you any guidance on how to document that distinction? I'm wondering if I need to go back to my architect and ask for a breakdown of their billing to separate preliminary work from the actual capital improvement planning.

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