The One Big Beautiful Bill Act (OBBBA), P.L. 119-21, signed into law on July 4, 2025, permanently restored 100% bonus depreciation for qualified property acquired and placed in service after January 19, 2025. The TCJA phase-down (which would have driven the rate to 40% in 2025, 20% in 2026, and zero by 2027) was repealed prospectively. OBBBA also created new IRC Section 168(n), allowing 100% expensing of certain non-residential real property used in qualified U.S. production activities. The Section 179 maximum is increased to $2.5 million with a $4 million phaseout, both indexed for inflation.
Permanent 100% bonus depreciation. For property acquired and placed in service after January 19, 2025, qualified MACRS property with a class life of 20 years or less, computer software, and qualified improvement property is fully deductible in the year placed in service. The TCJA phase-down is repealed prospectively. IRC §168(k).
The 1/19/2025 binding contract cliff. Property subject to a written binding contract entered into before January 20, 2025, is locked into the TCJA phase-down rate (40% for 2025 placed-in-service). Letters of intent and non-binding agreements are generally not "binding contracts."
Section 168(n). A new provision allowing 100% expensing of non-residential real property used in qualified production activities (manufacturing, production, refining). Construction must begin after 1/19/2025 and before 1/1/2029; property must be placed in service before 1/1/2031.
Section 179. Maximum deduction increased to $2.5 million; phaseout begins at $4 million of qualifying property. Both indexed for inflation. Effective for property placed in service after 12/31/2024.
Before OBBBA, bonus depreciation was on a glide path to zero. The schedule below shows what was scheduled to happen versus what actually applies post-OBBBA:
| Year | Pre-OBBBA Scheduled Rate | Post-OBBBA Actual Rate |
|---|---|---|
| 2022 | 100% | 100% (no change) |
| 2023 | 80% | 80% (no change) |
| 2024 | 60% | 60% (no change) |
| 2025 (1/1 - 1/19) | 40% | 40% (binding contract before 1/20/2025: 40%) |
| 2025 (after 1/19) | 40% | 100% |
| 2026 | 20% | 100% |
| 2027 and beyond | 0% | 100% (permanent) |
The "100% permanent" status is permanent in the same sense that the TCJA estate exemption is permanent: it has no statutory sunset, but a future Congress could change the law. As written, there is no scheduled phase-down.
| Property Type | Bonus Eligible? | Notes |
|---|---|---|
| Tangible personal property (MACRS ≤20 yr) | YES | Machinery, equipment, furniture, fixtures |
| Computer software (off-the-shelf) | YES | IRC §168(k)(2)(A)(i)(II) |
| Qualified Improvement Property (QIP) | YES | 15-year MACRS recovery; CARES Act 2020 technical correction |
| Used property (acquired from unrelated party) | YES | Original use need not begin with the taxpayer (TCJA expansion) |
| Vehicles (subject to §280F caps) | YES | Luxury auto cap still applies; SUVs >6,000 lb GVWR not subject to §280F caps |
| Non-residential real property (39 yr) | NO | Generally not bonus-eligible. But see §168(n) below for qualified production property. |
| Residential rental property (27.5 yr) | NO | Straight-line MACRS only |
| Land | NO | Not depreciable |
| ADS-required property | NO | Real property trades / businesses electing out of §163(j); foreign-use property; tax-exempt use property |
OBBBA created a new category of 100% expensable real property: qualified production property (QPP). This is the single biggest new domestic tax incentive for U.S. manufacturers since TCJA.
To qualify as QPP, all of the following must be true:
Qualified products generally include any tangible personal property. Food served on-site does not qualify, so a restaurant cannot use §168(n) to expense its building. Office space within a manufacturing facility may qualify if it is integral to the production activity.
| Feature | Bonus Depreciation §168(k) | Section 179 |
|---|---|---|
| Rate (post-OBBBA) | 100% | 100% up to limit |
| Annual cap | None | $2.5 million (indexed) |
| Phaseout threshold | None | Begins at $4 million of qualifying property |
| Can create a loss | YES | NO - limited to taxable income |
| SUVs >6,000 lb GVWR | Eligible | Capped (annual indexed) |
| Used property | Eligible | Eligible |
| Real property (improvements) | QIP only | Roofs, HVAC, fire / alarm / security on non-residential real |
| Election needed | Auto-applied unless elect out | Must elect on Form 4562 |
| State conformity | Mixed - many states decouple | Better state conformity |
| §163(j) interaction | Treated as amortization for ATI add-back | Treated as amortization for ATI add-back |
Strategic point: bonus depreciation creates losses that flow through to owners; Section 179 cannot. For a profitable C-corporation, the choice is largely indifferent on the federal side. For a pass-through with a loss-generating year, bonus depreciation can produce a deduction that Section 179 would not allow.
OBBBA also restored the EBITDA-based calculation for the Section 163(j) business interest expense limitation, effective for tax years beginning after December 31, 2024. Bonus depreciation now helps §163(j) capacity by adding back to ATI - which it did not from 2022-2024 under the EBIT regime.
For leveraged businesses, this changes the calculus: aggressive bonus depreciation no longer trades against interest deduction capacity. Both deductions are available simultaneously. Run §163(j) and bonus depreciation together in the same model rather than sequentially.
Compare to the pre-OBBBA scheduled outcome: 20% bonus would have allowed only $100,000 in year 1, with the remaining $400,000 depreciated over the 7-year MACRS recovery period. The cash-tax delta in year 1 is roughly $84,000 in this example.
Bonus depreciation is only available in the year property is "placed in service" - meaning ready and available for the taxpayer's intended use. Ordering, paying for, or even taking delivery of property is not enough; the property must be functional and in the taxpayer's possession at its intended location.
For self-constructed property and long-production-period property, additional rules apply under §168(k)(2)(B) and (C). The transition election under OBBBA allows taxpayers to apply the 40% TCJA rate (or 60% for long-production-period property and certain aircraft) for property placed in service in the first tax year ending after January 19, 2025.
Property subject to a written binding contract entered into before January 20, 2025, is treated as acquired on the contract date for bonus depreciation eligibility. Under existing regulations issued after TCJA, a "written binding contract" is a contract enforceable against the taxpayer under state law that does not limit damages to a specified amount (or limits damages to at least 5% of the contract price).
What is binding:
What is generally not binding:
Taxpayers may elect out of bonus depreciation by class of property for any taxable year. The election is made on a timely-filed return (including extensions), is irrevocable without IRS consent, and applies to all property in the elected class placed in service that year. IRC §168(k)(7).
Common reasons to elect out:
Property required to be depreciated under the Alternative Depreciation System (longer recovery, straight-line) is not eligible for bonus depreciation. ADS applies to:
Real estate businesses that elected out of §163(j) under the TCJA / CARES regime to avoid the EBIT-based interest cap should re-evaluate. With OBBBA's restoration of EBITDA, the original reason for the §163(j) election may no longer apply. Revoking the election (subject to IRS procedural rules) restores access to bonus depreciation for newly acquired real estate improvements that qualify as QIP.