You may have heard that Bonus Depreciation for commercial real estate (CRE) is being phased out starting January 01, 2023. This is true; however, it is not reducing from 100% to zero all at once. As part of the updated 2018 Tax Cuts and Jobs Act (TCJA), for tax year 2022, business owners can still use 100% bonus depreciation on new and used property. Then, between 2023 and 2026, it will begin to phase out by decreasing in percentage, reducing to 80% in 2023.
As the window of opportunity closes on the 100% CRE bonus depreciation for 2022, it’s important to evaluate how taking the full deduction this year or combining it with Section 179 could impact your federal and state tax returns, depending on where you file.
Please note that this article is not legal tax advice. It is purely informational about the different tax options. Consult your CPA or go to the IRS’s website for more.
What is Bonus Depreciation?
The Internal Revenue Service (IRS) bonus depreciation tax code allows business taxpayers to deduct additional depreciation for the cost of qualifying new or used business property (excluding real property) in the year it was placed into service, beyond normal allowances. When claiming bonus depreciation, qualifying business property can be depreciated 100% between September 27, 2017, and January 01, 2023. Bonus depreciation for CRE will then phase out over the next four years.
It’s important to note that, according to Anders CPAs + Advisors, only 18 states allow bonus depreciation of any kind and there are others that are unaffected by federal and state depreciation changes. So, where you file your taxes will determine whether you can use the bonus depreciation tax benefit.
US states that allow bonus deprecation:
- Alabama
- Alaska
- Colorado
- Delaware
- Illinois
- Kansas
- Louisiana
- Michigan
- Missouri
- Montana
- Nebraska
- New Mexico
- North Dakota
- Oklahoma
- Oregon
- Rhode Island
- Utah
- West Virginia
What is “Qualifying Business Property” for Bonus Depreciation?
Business property that qualifies for bonus depreciation must be purchased from a non-family member (not inherited) for “first use,” have a useful life of 20 years or less, and be new to the business owner. A few items that may qualify include machinery and equipment, listed property such as vehicles, and depreciable computer software.
As for commercial real estate and triple net “NNN” lease property ownership, the leasehold improvement is one large expense that may qualify.
Leasehold Improvement Bonus Depreciation
A leasehold improvement or a “qualified improvement to the property” is any improvement made to an interior portion of a nonresidential building already placed in service. The following three conditions must be satisfied:
- It must be made under a lease by the lessee, sub-lessee, or lessor of that portion.
- The portion must be set for occupancy by the lessee or sub-lessee.
- The improvement must be placed in service more than three years after the date the building was first placed in service.
Qualified leasehold improvement property does not include any improvement for which the expenditure is attributable to the enlargement of the building, any elevator or escalator, any structural component benefiting a common area, or the internal structural framework of the building.
A cost segregation study (CSS) would be used to identify the depreciation of leasehold improvement property.
Bonus Depreciation Phase-Out Schedule
Under the 2018 Tax Cuts and Jobs Act, the 100% bonus depreciation phase-out schedule is as follows:
- 2022: 100%
- 2023: 80%
- 2024: 60%
- 2025: 40%
- 2026: 20%
For in-depth details of the tax code and deduction amounts, please see the IRS’s bonus depreciation rules here.
How is Bonus Depreciation Different from Section 179?
Internal Revenue Code (IRC) Section 179 allows a business to expense the full purchase price or a portion of the cost of qualifying tangible personal property, such as machinery and equipment purchased for use in a trade or business, and if the taxpayer elects, qualified real property purchased during the tax year up to $1 million with the phase-out threshold at $2.5 million.
Section 179 allows qualified improvement property and some improvements to nonresidential real property, such as roofs, heating, ventilation, and air-conditioning property, fire protection and alarm systems, and security systems to be depreciated.
Using Section 179, a business can deduct whatever amount it chooses (within the thresholds) in any given year and allocate the deduction among assets according to preference. This tax code will not phase out.
Bonus depreciation on the other hand, will phase out, it is not subject to an annual dollar limit or limited to annual business profit, and a business must deduct the full bonus percentage — 100% in 2022 — for all qualifying property in the same tax year, leaving no depreciation remaining for future years.
Jason Simon, Westwood Net Lease Advisor Vice President, points out, “When using both bonus depreciation and IRC Section 179, a cost segregation study (CSS) is a valuable tool. We often recommend it to our triple net lease investors to support property tax depreciation with documentation, maximize the benefit, and potentially claim missed deductions back to 1987.”
Can You Use Both Deductions?
Sometimes one asset qualifies for both Section 179 expensing and bonus depreciation. In that case, you can choose to use one or both tax codes. If you claim Section 179 and bonus depreciation for the same property, IRS rules require Section 179 to be used first, then bonus depreciation, followed by regular depreciation, depending on the property and your unique situation. Your CPA will be able to guide you in this complex tax scenario.
If you have tax questions or would like a referral to a reputable tax specialist or highly accredited CSS professional before you file your 2022 taxes, Westwood Net Lease Advisors has a vast network with established industry relationships to help you get the solutions you need. We would be happy to make a connection.
To Wrap it Up — Bonus Depreciation Full Deduction Ends December 31, 2022
Not sure if claiming 100% bonus depreciation is beneficial to your business? You have just a few months to decide before the full deduction ends, reducing to 80% beginning January 01, 2023. As you can imagine, there are complexities to this tax code and deductions that will be unique to your business. Additionally, if you own absolute NNN lease properties, it may not pertain at all. Therefore, we recommend meeting with a tax professional as soon as possible to learn the pros and cons and if the 100% bonus depreciation is right for your business.
If you’re in the commercial real estate or triple net lease buying process, before you purchase, Westwood Net Lease Advisors can make a CSS part of your initial analysis to determine if claiming bonus depreciation or cost segregation depreciation makes sense and if the purchase is worthwhile for your financial and tax needs. To learn more, contact us today without obligation at 314-997-5227.
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