NDAC 75-02-07.1-15
Depreciation
Cite as N.D. Admin. Code ยง 75-02-07.1-15
1.
Ratesetting principles require that payment for services include 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 from 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 for each item, its cost must be capitalized and depreciated over the
estimated useful life of the asset. Costs 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 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 must 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.
a.
Determination of the cost basis of a facility and its depreciable assets acquired as 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.
b.
The cost basis of a facility and its depreciable assets acquired in a bona fide sale after
July 1, 1995, 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.
c.
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.
d.
The cost basis of a facility and its depreciable assets acquired through 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.
e.
In order to calculate the increase over the seller's cost basis, an increase may be
allowed, under paragraph 3 of subdivision b, only for assets with a historical cost basis
established separately and distinctly in the seller's depreciable asset records.
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.
7.
An adjustment may not be allowed for any depreciable cost that exceeded the basis in effect
for rate periods prior to July 1, 1995.
8.
The department shall establish a cost basis limitation for construction or renovation of a
facility. A per bed cost limitation must be used to determine the total allowable cost basis of
buildings and fixed equipment for a facility with construction, renovation, or remodeling.
a.
Effective August 1, 2009, the per bed limitation basis for double occupancy is one
hundred twelve thousand seven hundred thirty-two dollars.
b.
The per bed limitation basis for single occupancy must be calculated using the limitation
determined in subdivision a, multiplied by one and one-half.
c.
The existing per bed limitations for single and double occupancy 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 limitations 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 limitations.