My WordPress

Pillar
3 of 10
IRC anchor
§168(k)
Primary audience
Operators, CPAs
Last reviewed
Apr 2026

Immediate expensing of qualified property under §168(k) — restored to 100% for property placed in service after January 19, 2025 — most powerful when paired with cost segregation.

What it is

Bonus depreciation is a special allowance applied after any §179 deduction and before regular MACRS. Under current law, qualified property acquired and placed in service after January 19, 2025 is generally eligible for a 100% allowance; property acquired earlier remains under the phase-down (40% for 2025). It is not §179 expensing, and it is not a cost-segregation study — cost segregation identifies the shorter-life assets that bonus depreciation then applies to.

Where it fits

It matters most in acquisitions where shorter-life components are properly classified, in improvement-heavy projects, and for operating businesses placing qualifying equipment in service. In real estate the practical use case is usually the correctly identified shorter-life property and land improvements — not the building shell.

Eligibility — the threshold questions

  • Is it depreciable property with a MACRS recovery period of 20 years or less?
  • Was it acquired and placed in service in the right window? “Placed in service” is not the same as purchased or delivered.
  • Does an exception block it (listed property used 50% or less for business, property required to use ADS, same-year acquire-and-dispose)?
  • Is the deduction usable in the taxpayer’s actual profile? Passive-activity and at-risk rules can defer the benefit on rental real estate.

How it works in practice

Taxpayers may elect out of the special allowance by class of property on a timely filed return; once made, the election generally cannot be revoked without IRS consent. Recapture matters on day one: on disposition, gain is recaptured as ordinary income up to the depreciation allowed, including the bonus allowance.

Documentation that holds up

  • Capitalization policy and asset-classification framework
  • Purchase records, closing support, and placed-in-service evidence
  • Invoice detail sufficient to separate asset classes; cost-segregation support
  • Tax-year decision memo documenting elections and assumptions
  • Loss-limitation analysis and a recapture watchlist for future dispositions

Edge cases & when another path fits

Weak placed-in-service evidence, bundled classification, and ignored passive limits are the recurring problems. Bonus is a weaker fit when passive-loss constraints block near-term use, when state treatment dilutes the benefit, or when a short hold means meaningful recapture exposure — in which case a more selective profile or an election out by class may produce a better result.

Frequently asked questions

Is bonus the same as §179?

No — §179 is an election-based expensing regime with its own limits; bonus is a separate allowance applied after §179 and before MACRS.

Can I elect out?

Yes, by class of property on a timely return; the election generally cannot be revoked without IRS consent.

How does it relate to cost segregation?

Cost segregation classifies shorter-life assets; bonus depreciation is the deduction regime that may then apply to them.

Governance note

Specific eligibility and execution thresholds vary by transaction structure, jurisdiction, and basis composition. This is a starting point for documentation discipline — not a substitute for engaged tax counsel. Nothing here is tax, legal, or investment advice.

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