###### Editorial Note on [Part 413](/current/title-42/part-413?toc=1)

#### Editorial Note:

Nomenclature changes to part 413 appear at [76 FR 50537](https://www.federalregister.gov/citation/76-FR-50537), August 22, 2014.

#### § 413.139 Depreciation: Optional allowance for depreciation based on a percentage of operating costs.

(a) *Principle.* With respect to all assets acquired before 1966, the provider, at its option, may choose an allowance for depreciation based on a percentage of operating costs. The operating costs to be used are the provider's 1965 operating costs or the provider's current year's allowable costs, whichever are the lower. The percentage to be applied is 5 percent starting with the year 1966-67, with such percentage being uniformly reduced by one-half percent each succeeding year. The allowance based on operating costs is in addition to regular depreciation on assets acquired after 1965; however, if the optional allowance is selected, the combined amount of such allowance on pre-1966 assets and the straight-line depreciation on assets acquired after 1965 (including the estimated depreciation on assets held on a rental basis during the current year) may not exceed 6 percent of the provider's allowable cost for the current year.

(b) *Definitions* —

(1) *Operating costs.* Operating costs are the total costs incurred by the provider in operating the institution or facility.

(2) *Allowable costs.* Allowable costs are the costs of a provider that are includable under the principles for cost reimbursement. Through application of apportionment methods to the total amount of such allowable costs, the share of a provider's total cost that is attributable to covered services for beneficiaries is determined.

(c) *Application.* If a provider has inadequate historical cost records for pre-1966 depreciable assets, the provider may elect to receive an allowance for depreciation on such assets based on a percentage of operating costs. The optional allowance for depreciation for such assets may be used, however, whether or not a provider has records of the cost of pre-1966 depreciable assets currently in use.

(d) *Allowance based on a percentage of operating costs.*

(1) The allowance for depreciation based on a percentage of operating costs is to be computed by applying a specified percentage to a base amount equal to the provider's 1965 total operating costs, without adjustments to these principles or the current year's allowable operating costs, whichever is lower. The percentage to be applied is five for the reporting period that starts before or during 1966-67, four and one-half for the reporting period that begins during 1967-68, and continues to decline annually by equal amounts to become zero in 1976-77.

(2) If used as a base for determining the optional allowance for depreciation, neither the 1965 operating costs nor the current year's allowable costs are to include any actual depreciation, estimated depreciation on rented depreciable-type assets, allowance in lieu of specific recognition of other costs, or return on equity capital. Such exclusions are to be made only for the purpose of computing the allowance for depreciation based on operating costs. For other purposes, the excluded amounts are recognized in determining allowable costs and for computing the costs of services furnished to Medicare beneficiaries during the reporting period.

(e) *Change to actual depreciation.*

(1) A provider that elects this allowance may at any time before 1976 change to actual depreciation on all pre-1966 depreciable assets. In such case, this option is eliminated and the provider can no longer elect to receive an allowance for depreciation based on a percentage of operating costs.

(2) If the provider desires to change to actual depreciation but either has no historical cost records or has incomplete records, the determination of historical cost may be made through appropriate means involving expert consultation with the determination being subject to review and approval by the contractor.

(f) *Determination of optional allowance based on percentage of operating costs illustrated.* The following illustrates how the provider would determine the optional allowance for depreciation based on operating costs.

# Example No. 1.

The provider keeps its records on a calendar year basis. The current year's actual allowable cost and the actual operating cost for 1965 do not include any actual depreciation or rentals on depreciable-type assets. The current year's allowable cost also does not include any allowance in lieu of specific recognition of other costs or return on equity capital.

Year 1966

| Current year's allowable cost | $1,100,000 |
| Operating cost for 19651 | $1,000,000 |
| Percent for determining the allowance | 5 |
| Allowance | $50,000 |
| | |
| --- | --- |
| 1 1965 Operating cost was used in computing the allowance for depreciation based on a percentage of operating costs because it was lower than 1966 allowable cost. | |

Year 1967

| Current year's allowable cost | $1,200,000 |
| Operating cost for 19651 | $1,000,000 |
| Percent for determining the allowance2 | 5 |
| Allowance | $50,000 |
| | |
| --- | --- |
| 1 1965 Operating cost was used in computing the allowance for depreciation based on a percentage of operating costs because it was lower than 1967 allowable cost. | |
| 2 Since the reporting period began during the year 1966-1967 (July 1, 1966-June 30, 1967) 5 percent is the percentage to be used. | |

Year 1968

| Operating cost for 1965 | $1,000,000 |
| Current year's allowable cost1 | $900,000 |
| Percent for determining the allowance2 | 41/2 |
| Allowance | $40,500 |
| | |
| --- | --- |
| 1 The current year's allowable cost was used in computing the allowance for depreciation based on percentage of operating costs because it was lower than 1965 operating cost. | |
| 2 Since the reporting period began during the year 1967-1968 (July 1, 1967-June 30, 1968) 41/2 percent is the percentage to be used. | |

# Example No. 2.

When the provider pays rent for depreciable-type assets rented prior to 1966, the estimated depreciation on such assets must be deducted from the allowance. The following illustration demonstrates how the allowance is determined.

The provider keeps its records on a calendar year basis. The current year's actual allowable cost and the actual operating cost for 1965 did not include any actual depreciation, allowance in lieu of specific recognition of other costs, or return on equity capital. However, such costs have been adjusted to exclude estimated depreciation on rented depreciable-type assets.

Year 1966

| Adjusted current year's allowable cost | $1,100,000 |
| Adjusted operating cost for 19651 | $1,000,000 |
| Percent for determining the allowance | 5 |
| Allowance | $50,000 |
| Less estimated depreciation for depreciable-type assets rented prior to 1966 on which rental is paid in 1966 | $3,000 |
| Adjusted allowance | $47,000 |
| | |
| --- | --- |
| 1 1965 operating cost was used in computing the allowance for depreciation based on a percentage of operating costs because it was lower than 1966 allowable cost. | |

(g) *Limitation on depreciation if optional allowance is used.* This optional allowance only is subject to a limitation based on the provider's total allowable operating cost for the current year. To determine this limitation, compute the sum of the actual depreciation claimed, the allowance based on a percentage of operating costs, and the estimated straight-line depreciation on depreciable-type assets rented after 1965. If this sum exceeds six percent of the provider's current year's allowable cost (exclusive of any actual depreciation claimed, estimated depreciation on rented depreciable-type assets, allowance in lieu of specific recognition of other costs, and return on equity capital), the allowance for depreciation based on a percentage of operating costs is reduced by the amount of excess. In applying this limitation, if the actual depreciation claimed is on an accelerated basis, it must be converted to a straight-line basis only for use in calculating this limitation. It is presumed that pre-1966 assets will not be retired at a greater than normal rate, and the limitation of six percent, as it affects the availability of the allowance, is designed as a safeguard if the presumption is not borne out. If the provider does not elect to use the optional allowance, the combined allowance for depreciation based on costs of pre-1966 assets and those subsequently acquired is not subject to the six percent limitation.

# Example No. 1.

The following illustration demonstrates how this limitation would be determined.

Year 1966

[The provider keeps its records on a calendar year basis. The current year's actual allowable cost and the actual operating cost for 1965 have been adjusted to exclude actual depreciation, the estimated depreciation on rented depreciable-type assets, allowance in lieu of specific recognition of other costs, and return on equity capital.]

| Adjusted operating cost for 1965 | $1,000,000 |
| Percent for determining the allowance | 5 |
| In 1966 assets were acquired which produce a straight-line depreciation of | $18,000 |
| Estimated depreciation on assets rented in 1966 | $2,000 |
| Adjusted allowable operating cost for 1966 | $1,100,000 |
| **calculation of allowance for depreciation based on a percentage of operating costs** | |
| Gross allowance | |
| 5 percent times adjusted 1965 operating costs ($1,000,000) | $50,000 |
| Estimated depreciation on assets rented in 1966 | 2,000 |
| Straight-line depreciation on post-1965 assets | 18,000 |
| Total | 70,000 |
| 6 percent of adjusted 1966 allowable operating cost | 66,000 |
| Reduction in allowance | 4,000 |
| Allowance | 50,000 |
| Reduction | 4,000 |
| Adjusted allowance | 46,000 |
| Total depreciation allowance for 1966 ($18,000 actual depreciation plus $46,000 allowance based on operating cost) | 64,000 |

Assume in this illustration that the provider had elected to use the declining balance method in computing its allowable depreciation and the rental expense for depreciable-type assets was $3,500. In that case, it would include in its 1966 allowable cost not only the $46,000 allowance based on operating costs but also $36,000 (in this instance 2 × straight-line rate is used) in actual depreciation and the rental expense of $3,500—or a total of $85,500 covering all its depreciable assets.