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15.4 Bonus Depreciation

Key Takeaways

  • OBBBA restored 100% bonus depreciation PERMANENTLY for property acquired AND placed in service after January 19, 2025.

  • Tax Year 2025 is BIFURCATED: 40% for ordinary qualifying property acquired before January 20 and placed in service in 2025; 100% when both acquisition and placement follow January 19, absent a lower-rate election.

  • For the first tax year ending after January 19, 2025, taxpayers may elect 40% instead of 100% (60% for long-production-period property and certain aircraft). This differs from the class-by-class election out.

  • Applies to property with MACRS recovery ≤20 years (most equipment, QIP).

  • NEW: §168(n) Qualified Production Property — 100% bonus for new domestic manufacturing real property (placed in service after July 4, 2025 and before January 1, 2031).

  • Both new and used property qualify (subject to anti-churning rules); CAN create or increase an NOL.

  • 2025 luxury auto §280F first-year cap: $20,200 with bonus, $12,200 without.

Last updated: October 2026

Why This Matters for the Exam

Bonus depreciation is the single largest depreciation change for the 2026-2027 testing window. The One Big Beautiful Bill Act (OBBBA), signed July 4, 2025, permanently restored 100% bonus depreciation for property acquired AND placed in service after January 19, 2025, overriding the TCJA phase-down schedule that would have set 2025 at 40%, 2026 at 20%, and 2027 at 0%.

Tax Year 2025 is bifurcated — the cutoff date and the election are heavily testable. Practice both the acquisition-date and placed-in-service-date tests.

Bonus Depreciation Rates — Bifurcated 2025

PeriodRate
2022100%
202380%
202460%
Acquired before Jan 20, 2025 and placed in service during 2025 (ordinary qualifying property)40%
Acquired AND placed in service after Jan 19, 2025100% (OBBBA — PERMANENT)
2026+100% (PERMANENT under OBBBA)

Critical: Both the acquisition (or binding contract) date AND the placed-in-service date must occur after January 19, 2025 to qualify for 100%. If property was acquired before Jan 20, 2025 but placed in service later, it stays at 40%.

Lower-Rate Election and Election Out

For the first tax year ending after January 19, 2025, Section 168(k)(10) permits an election to use 40% instead of 100% for the affected qualifying property, or 60% for specified long-production-period property and aircraft. A calendar-year taxpayer's first such year is 2025. Do not describe this transitional lower-rate election as the ordinary class-by-class election out.

Section 168(k)(7) separately permits electing out of bonus for an entire class of property placed in service that year. Choosing no bonus for all 5-year property while retaining bonus for 7-year property uses the election out. It is not an asset-by-asset choice.

NEW — §168(n) Qualified Production Property (QPP)

OBBBA created an entirely new category of bonus-eligible property. §168(n) Qualified Production Property allows 100% bonus depreciation on certain new domestic manufacturing real property — even though real property normally is NOT bonus-eligible.

ElementRule
PropertyNew nonresidential real property used in qualified production (US-based manufacturing, refining, agricultural production, chemical production)
Placed in serviceGenerally 2025 after July 4, 2025 and before January 1, 2031
Bonus rate100%
ElectionPer-property election by the taxpayer
PurposeReshore domestic manufacturing

Understand the existence of §168(n) QPP as a carve-out from the general rule that real property is not bonus-eligible.

Qualifying Property (General §168(k))

RequirementDescription
MACRS recovery≤20 years
New or usedYes (used qualifies if first use by taxpayer)
Original useMust be taxpayer's first use OR purchased used from unrelated party
QIPQualifies (15-year)
§168(n) QPP100% bonus even though real property (new carve-out)

Anti-Churning Rules (Used Property)

RuleDescription
Not previously usedBy taxpayer or predecessor
Not from related partySpouse, >50% owned entity, controlled group
Not by gift / inheritanceMust be purchased

Bonus vs. §179 Comparison (Post-OBBBA)

FeatureSection 179Bonus Depreciation
MechanismElection (asset-by-asset)Automatic (elect out per class)
Dollar cap$2,500,000 (tax years beginning in 2025)None
Phase-out$4,000,000 (tax years beginning in 2025)None
NOL impactCannot create NOLCAN create / increase NOL
Asset selectionPick specific assetsPer-class only
Real propertyQIP + HVAC/roofs/security/fire§168(n) QPP plus QIP
2025 rate100% (within $2.5M cap)100% post-Jan 19, 2025 (or 40% pre-/election)

Elect Out

RuleDescription
ElectionPer MACRS class (all 5-year, all 7-year, etc.)
IrrevocableGenerally requires IRS consent to revoke
Why elect out?Save deductions for higher-rate years; preserve deductions for later years, subject to the applicable NOL rules

Listed Property (Luxury Autos) — 2025 §280F Caps

YearFirst-Year Cap
Year 1 with bonus$20,200
Year 1 without bonus$12,200
Year 2$19,600
Year 3$11,800
Year 4+$7,060

These caps apply to passenger autos under 6,000 lbs GVWR; heavy SUVs/trucks (>6,000 lbs GVWR) are NOT subject to §280F.

Calculation Example — Post-OBBBA (Tax Year 2025)

Scenario: Equipment cost $1,000,000 (7-year MACRS), acquired and placed in service March 1, 2025. No §179 election.

ItemAmount
Equipment cost$1,000,000
Bonus (100% — post-Jan 19)$1,000,000
Remaining basis$0
MACRS Year 1$0

Calculation Example — Pre-OBBBA Bifurcation (Tax Year 2025)

Scenario: Equipment cost $1,000,000 (7-year MACRS), placed in service January 10, 2025. No §179 election.

ItemAmount
Equipment cost$1,000,000
Bonus (40% — pre-Jan 20 placement)$400,000
Remaining basis for MACRS$600,000
MACRS Year 1 (7-yr, half-year, 14.29%)$85,740
Total Year 1 depreciation$485,740

On the Exam

Practice these bonus-depreciation applications:

  1. Rate / Cutoff Questions: "What is the bonus rate for equipment acquired and placed in service on March 15, 2025?"
  2. Bifurcation Questions: "Equipment acquired Dec 2024 and placed in service Feb 2025 — bonus rate?" (40% — both dates must be after Jan 19, 2025 for 100%.)
  3. §168(n) Questions: "What new real property carve-out did OBBBA create?"
  4. Comparison Questions: "Can bonus create an NOL?" (Yes — unlike §179.)

The key is to remember: 100% bonus PERMANENTLY restored by OBBBA for property acquired AND placed in service AFTER January 19, 2025. Pre-Jan 20, 2025 placements use 40%. A separate lower-rate election applies for the first tax year ending after January 19, 2025. NEW §168(n) Qualified Production Property = 100% bonus for new domestic manufacturing real property (before 2031). 2025 luxury auto Year 1 cap: $20,200 with bonus / $12,200 without.

Sources: 2025 Form 4562 instructions and Rev. Proc. 2025-16, passenger auto limits. The passenger auto limits are prorated for business use.

Test Your Knowledge

Taxpayer wants bonus for 7-year property but not 5-year property in 2025. Allowed?

A

No, all-or-nothing

B

Yes, elect out per class

C

Yes, pick individual assets

D

No, must use §179

Test Your Knowledge

Equipment is acquired AND placed in service on March 15, 2025. What is the bonus depreciation rate?

A

0% (TCJA phase-down complete)

B

20%

C

40%

D

100% (OBBBA — permanent)

Test Your Knowledge

Equipment was acquired December 2024 and placed in service February 1, 2025. What bonus rate applies?

A

100% — placed in service after Jan 19, 2025

B

60% — original 2024 rate carries over

C

40% — both acquisition and placed-in-service must be after Jan 19, 2025

D

0% — TCJA phase-down ended

Test Your Knowledge

OBBBA created a new 100% bonus depreciation carve-out for which type of property?

A

Residential rental buildings placed in service 2025–2030

B

New domestic manufacturing real property (§168(n) Qualified Production Property)

C

Used office buildings purchased after July 4, 2025

D

Land used in agriculture

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