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IRS Guidance released March 18, 2026, allows real estate businesses to withdraw past elections that may have prevented them from using bonus depreciation.
The One Big Beautiful Bill Act (OBBBA) reinstated 100% bonus depreciation retroactively to January 19, 2025. This allows businesses to expense the full cost of certain capital expenditures in the year they are made rather than deducting them over the life of the asset as they would normally do.
Many real estate firms, however, had made a permanent election to depreciate costs over longer time periods rather than hitting a cap on the deduction of business interest under Sec 163(j). This left them ineligible for bonus depreciation. For example, under the 163(j) election, tenant improvements and interior upgrades to non-residential buildings must be depreciated over 20 years.
This new guidance will allow these property owners to take full advantage of the benefits in the 2025 tax law.
For more information contact Phillips Hinch at phinch@icsc.com.