NDAC 75-02-06-03
Depreciation
Cite as N.D. Admin. Code ยง 75-02-06-03
1.
Ratesetting principles require that payment for services includes depreciation on all capital
assets used to provide necessary services.
a.
Capital assets that may have been fully or partially depreciated on the books of the
provider, but are in use at the time the provider enters the program, may be depreciated.
The useful lives of such assets are considered not to have ended and depreciation
calculated on the revised extended useful life is allowable. To properly provide for costs
or the valuation of such assets, an appraisal is required if the provider has no historical
cost records or has incomplete records of the capital assets.
b.
A depreciation allowance is permitted on assets used in a normal standby or emergency
capacity.
c.
If any depreciated personal property asset is sold or disposed of for an amount different
than its undepreciated value, the difference represents an incorrect allocation of the cost
of the asset to the facility and must be included as a gain or loss on the cost report. The
facility shall use the sale price in computing the gain or loss on the disposition of assets.
2.
Depreciation methods.
a.
The straight-line method of depreciation must be used. All accelerated methods of
depreciation, including depreciation options made available for income tax purposes,
such as those offered under the asset depreciation range system, may not be used. The
method and procedure for computing depreciation must be applied on a basis consistent
from year to year and detailed schedules of individual assets must be maintained. If the
books of account reflect depreciation different than that submitted on the cost report, a
reconciliation must be prepared by the facility.
b.
Except as provided in subdivision c, a provider shall apply the same methodology for
determining the useful lives of all assets purchased after June 30, 1995. If a composite
useful life methodology is chosen, the provider may not thereafter use the depreciation
guidelines without the department's written approval. The provider shall use, at a
minimum, the depreciation guidelines to determine the useful life of buildings and land
improvements. The provider may use:
(1)
A composite useful life of ten years for all equipment except automobiles and five
years for automobiles; or
(2)
The useful lives for all equipment identified in the depreciation guidelines and a
useful life of ten years for all equipment not identified in the depreciation guidelines.
c.
A provider acquiring assets as an ongoing operation shall use as a basis for determining
depreciation:
(1)
The estimated remaining life, as determined by a qualified appraiser, for land
improvements, buildings, and fixed equipment; and
(2)
A composite remaining useful life for movable equipment, determined from the
seller's records.
3.
Acquisitions.
a.
If a depreciable asset has, at the time of its acquisition, a historical cost of at least one
thousand dollars, its cost must be capitalized and depreciated over the estimated useful
life of the asset. Cost incurred during the construction of an asset, such as architectural,
consulting and legal fees, and interest, must be capitalized as a part of the cost of the
asset.
b.
All repair or maintenance costs in excess of five thousand dollars per project on
equipment or buildings must be capitalized and depreciated over the remaining useful life
of the equipment or building repaired or maintained, or one-half of the original estimated
useful life, whichever is greater.
4.
Proper records must provide accountability for the fixed assets and provide adequate means
by which depreciation can be computed and established as an allowable resident-related cost.
Tagging of major equipment items is not mandatory, but alternate records must exist to satisfy
audit verification of the existence and location of the assets.
5.
Donated assets, excluding assets acquired as an ongoing operation, may be recorded and
depreciated based on their fair market value. In the case where the provider's records do not
contain the fair market value of the donated asset, as of the date of the donation, an appraisal
may be made. The appraisal must be made by a recognized appraisal expert and may be
accepted for depreciation purposes. The useful life of a donated asset must be determined in
accordance with subsection 2. The facility may elect to forego depreciation on a donated asset
thereby negating the need for a fair market value determination.
6.
Basis for depreciation of assets acquired as an ongoing operation. Determination of the cost
basis of a facility and its depreciable assets of an ongoing operation depends on whether or
not the transaction is a bona fide sale. Should the issue arise, the purchaser has the burden of
proving that the transaction was a bona fide sale. Purchases where the buyer and seller are
related organizations are not bona fide.
a.
The cost basis of a facility and its depreciable assets acquired in a bona fide sale after
July 1, 1985, is limited to the lowest of:
(1)
Purchase price paid by the purchaser;
(2)
Fair market value at the time of the sale; or
(3)
The seller's cost basis, increased by one-half of the increase in the consumer price
index for all urban consumers, United States city average, all items, from the date of
acquisition by the seller to the date of acquisition by the buyer, less accumulated
depreciation recognized for cost reporting purposes.
b.
In a sale not bona fide, the cost basis of an acquired facility and its depreciable assets is
the seller's cost basis, less accumulated depreciation recognized for cost reporting
purposes as of the end of the report year immediately preceding the date of acquisition
by the buyer.
c.
The cost basis of a facility and its depreciable assets acquired by donation or for a
nominal amount is the cost basis of the seller or donor, less accumulated depreciation
recognized for cost reporting purposes as of the end of the report year immediately
preceding the date of acquisition by the buyer or donee.
d.
In order to calculate the increase over the seller's cost basis, an increase may be
allowed, under subdivision a, only for assets with a historical cost basis established
separately and distinctly in the seller's depreciable asset records.
e.
An adjustment may not subsequently be allowed for any depreciable cost disallowed in
rate periods prior to January 1, 2006.
f.
For purposes of this subsection, "date of acquisition" means the date when ownership of
the depreciable asset transfers from the transferor to the transferee such that both are
bound by the transaction. For purposes of transfers of real property, the date of
acquisition is the date of delivery of the instrument transferring ownership. For purposes
of titled personal property, the date of acquisition is the date the transferee receives a
title acceptable for registration. For purposes of all other capital assets, the date of
acquisition is the date the transferee possesses both the asset and an instrument,
describing the asset, which conveys the property to the transferee.
g.
For rate years beginning on or after January 1, 2006, the limitations of paragraph 3 of
subdivision a shall not apply to the valuation basis of assets acquired as an ongoing
operation between July 1, 1985, and July 1, 2000.
7.
A per bed cost limitation based on single and double occupancy must be used to determine
the total allowable cost basis of buildings and fixed equipment for a facility with construction,
renovation, or remodeling. The per bed cost limitation applies to construction or renovation
projects currently in process or which have approved financing in place on or before
December 31, 2021.
a.
Effective July 1, 2019, the per bed limitation basis for double occupancy is $168,864 and
for a single occupancy is $253,297.
b.
The per bed limitation basis for single occupancy must be calculated using the limitation
determined in subdivision a, multiplied by 1.5.
c.
The double and single occupancy per bed limitation must be adjusted annually on July
first, using the increase, if any, in the consumer price index for all urban consumers,
United States city average, all items, for the twelve-month period ending the preceding
May thirty-first.
d.
The per bed limitation in effect at the time a construction, renovation, or remodeling
project is put in service must be multiplied times the number of beds in double and single
occupancy rooms to establish the maximum allowable cost basis of buildings and fixed
equipment.
e.
The cost basis of a facility's buildings and fixed equipment must be limited to the lower of
the recorded cost of total facility buildings and fixed equipment or the per bed limitation.
f.
The per bed limitation is not applicable to projects started or approved by the state health
council before July 1, 1994.
g.
For rate years beginning after December 31, 2007, the limitations of subdivision a do not
apply to the valuation basis of assets acquired as a result of a natural disaster before
December 31, 2006. The provisions of this subsection may not be applied retroactively to
any rate year before January 1, 2008.