
How does the 2025 tax law affect the bonus depreciation amount for newly placed property?
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The 2025 tax law, enacted as the One Big Beautiful Bill Act (OBBBA), makes significant and permanent changes to bonus depreciation for newly placed property:
1. Permanent 100% Bonus Depreciation for Qualified Property
Key Change:- The law restores and makes permanent 100% bonus depreciation for "qualified property" acquired and placed in service after January 19, 2025. This means that businesses can immediately deduct the full cost of eligible property in the year it is placed in service, rather than depreciating it over several years.
Transition Rule:- For property acquired or placed in service before January 20, 2025, or under a binding contract before that date, the previous phase-down schedule applies (e.g., 40% bonus depreciation for property placed in service in 2025, 20% in 2026, and 0% in 2027 and later).
Qualified Property Includes:- Most tangible property with a MACRS recovery period of 20 years or less (e.g., machinery, equipment, computers, certain vehicles, and qualified improvement property).- Computer software defined in and depreciated under IRC §167(f)(1).- Water utility property.- Qualified film, television, and live theatrical productions.- Certain plants bearing fruits and nuts, if planted or grafted after January 19, 2025.
Used Property:- The 100% bonus depreciation applies to both new and used property, provided the property is acquired and placed in service after January 19, 2025, and meets all other requirements (e.g., not acquired from a related party, not previously used by the taxpayer).
Order of Deductions:- Section 179 expensing (if elected) is applied first, then bonus depreciation, and then regular MACRS depreciation on any remaining basis.
2. Special Rule for Qualified Production Property (QPP)
- The law introduces a new elective 100% bonus depreciation for certain nonresidential real property used in "qualified production activities" (manufacturing, production, or refining of tangible personal property) under IRC §168(n). This applies to property for which construction begins after January 19, 2025, and before January 1, 2029, and is placed in service by the end of 2030. However, property used for offices, administration, lodging, parking, sales, research, or software engineering is excluded, as is property held for lease.
3. Effective Dates
- 100% bonus depreciation applies to property acquired and placed in service after January 19, 2025.
- For property acquired or under a binding contract before January 20, 2025, the old phase-down rates (e.g., 40% in 2025, 20% in 2026) still apply.
4. Summary Table
5. Practical Implications
- Businesses can immediately expense the full cost of eligible property, improving after-tax cash flow and reducing the cost of capital for new investments.
- The change is permanent, providing long-term certainty for tax planning and investment decisions.
In summary: The 2025 tax law makes 100% bonus depreciation permanent for most new and used qualified property acquired and placed in service after January 19, 2025, and introduces a new 100% expensing provision for certain production-related real property.
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