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Boosting Business Growth: 100% Bonus Depreciation and New Property Expensing

The reestablishment of 100% bonus depreciation marks a pivotal moment in U.S. tax legislation, aimed at enhancing economic growth through favorable tax incentives. The 2017 Tax Cuts and Jobs Act (TCJA) had already spotlighted the significance of this measure, and its permanence under the "One Big Beautiful Bill Act" underscores its necessity, particularly in light of recent economic challenges. This article delves into the tax advantages, historical background, relevant criteria, and latest updates concerning bonus depreciation.

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  • Historical Evolution: Driving Economic Revival - Introduced with the Job Creation and Worker Assistance Act of 2002, bonus depreciation allowed immediate large deductions for qualifying property, initially set at 30% and later increased to 50% and 100% during economic downturns.

  • Tax Advantages: Immediate Relief - Bonus depreciation provides businesses the benefit of deducting the full cost of assets in the year they are put to use, improving cash flow by lowering taxable income instantly.

  • Criteria for Eligibility - Generally applies to tangible property with a recovery period of 20 years or less, expanding under TCJA to include both new and used property. Real property is excluded due to longer recovery periods.

  • Qualified Improvement Challenges - Initially omitted from bonus depreciation under TCJA due to a legislative error, this was later corrected by the CARES Act, allowing these properties a 15-year MACRS recovery period.

  • Opting Out and AMT Relief - Businesses can generally revoke opting out of bonus depreciation within six months on an amended return. Properties claiming bonus depreciation are often free from AMT adjustments.

  • Business Vehicles and Depreciation Regulations - Special limits apply to business autos, particularly "luxury autos," with an increased deduction limit when bonus depreciation applies, currently still in effect under OBBBA.

  • New Legislative Provisions - OBBBA reintroduces the 100% deduction for certain qualified properties purchased post-January 19, 2025, with a 40% rate for earlier service.

  • Qualified Production Property - OBBBA permits 100% expensing for new factory buildings and certain improvements, marking a shift in depreciating real estate.

In sum, bonus depreciation is a strategic tool for stimulating investment and economic growth, necessitating careful tax planning concerning QBI deductions and AMT implications. As part of a broader legislative strategy, the provisions surrounding qualified production property offer substantial incentives for manufacturing infrastructure investments within the U.S.

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For further guidance on leveraging bonus depreciation for your business, please contact this office.

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