Thinking of growing your business? Bonus depreciation is back.
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Business owners got their wish in 2025 when Congress made 100% bonus depreciation permanent. The provision, which was originally part of the Tax Cuts and Jobs Act (TCJA) of 2017, began to phase out in 2023. However, the One Big Beautiful Bill (OBBBA) permanently reinstated the deduction for qualifying properties.
The IRS has now issued guidance regarding the deduction for eligible depreciable property acquired after January 19, 2025. The notice also provides guidance on certain qualified recording productions that the OBBBA added as property that may be eligible for the additional first-year depreciation deduction.
Here’s what you need to know.
What is Bonus Amortization?
Generally, when taxpayers acquire real estate for business use, they must depreciate it over several years under various depreciation schedules.
However, with 100% bonus depreciation, businesses can immediately deduct 100% of the cost of eligible new or used business property in the year it is used or placed in service.
(What you and I call “bonus depreciation” is the tax code’s “additional first-year depreciation deduction” under section 168(k).)
Why do businesses like bonus depreciation?
The big plus is timing. Instead of recouping the cost of an asset over many years, bonus depreciation allows you to write off a large portion—now 100% for many assets—in the year the property is placed in service, speeding up depreciation and typically improving after-tax cash flow.
What does “Commissioning” mean?
For depreciation purposes, property is considered to be in service when it is ready and available for a specific use, even if it has not yet been actually used.
What if I have a contract to buy something?
Whether the property qualifies for bonus depreciation depends on when it is acquired, but when you can actually take the deduction depends on when the property is placed in service.
In other words, there are two timing rules. First, the property must be acquired in the right period of time, which usually means signing a binding contract or starting construction. Second, the property must be commissioned, meaning it is ready for use. You don’t get the discount if both don’t happen.
What is the right property?
The guidance largely advises taxpayers to determine eligibility based on the existing definitions under section 168(k) of the regulations, with updated dates and percentages.
Under the regulations, “qualified property” generally includes new or used tangible business assets with a modified accelerated cost recovery system (MACRS) recovery period of 20 years or less. Common examples include office furniture and desks, computers and photocopiers, and cars, trucks, and vans used for business purposes. It also includes construction machinery, tools and some land improvements such as parking lots and fencing.
(But, most importantly – and since I know many of you are dying to say this – you cannot underestimate the earth.)
Qualified property also includes certain non-custom software, improvements made to the interior of a non-residential building that qualify as a Qualified Improvement Property (QIP), and additional categories such as utility properties and certified film, television and live theater productions.
Some of them feel really specific
It is. And OBBBA added another very specific category: certified recording productions. An approved sound recording production is deemed to be in service at the time of initial release or transmission and qualifies for the deduction if the production begins in a taxable year ending after July 4, 2025.
According to the notice, Section 181 previously allowed taxpayers to elect to deduct up to $15 million of the production costs of any special film, television or live theatrical production beginning before Jan. 1, 2026, but did not allow a deduction for recording productions. The OBBBA expanded the definition of special property to include certified sound recording productions.
The new provision closely follows the previously introduced Help Independent Tracks Succeed (HITS) Act, a bipartisan proposal sponsored by Reps. Linda Sánchez (D-Calif.) and Ron Estes (R-Kan.) and Sens. Marsha Blackburn (R-Tenn.) and Catherine Cortez Masto (DN.). The HITS Act was first introduced in 2020 and was never passed as a stand-alone measure.
(It is no coincidence that Senators Blackburn and Cortez Masto represent states with a significant presence in the music and entertainment industry.)
When and how can I claim the 100% depreciation deduction?
You can claim the deduction for qualifying property acquired after January 19, 2025 and placed in service as required by section 168(k).
You claim the deduction on your federal tax return using the regular depreciation report, usually Form 4562. (Bonus depreciation is generally the default if the property qualifies, but taxpayers can opt out for a class of property using the same form.)
For properties acquired and placed in service in 2025, the deduction is claimed on the 2025 tax return, which most taxpayers will file during the 2026 tax filing period.
Is it the same as bonus depreciation?
No. Section 179 expenses and bonus depreciation allow you to write off business property costs faster than regular depreciation—but they work differently.
There is no annual maximum deduction limit on bonus depreciation. Businesses can generally deduct 100% of the cost of eligible property placed in service, regardless of the amount. Bonus depreciation is not limited by taxable business income, so it can create or increase a net loss.
Article 179, on the other hand, has limits. For 2025, the maximum section 179 deduction you can take is $2.5 million. This amount begins to phase out dollar for dollar when total qualifying purchases exceed $4 million. Unlike bonus depreciation, section 179 is limited by taxable business income, so it cannot be used to create a net loss in the year claimed.
(You can use both in the same year.)
Where can I find this information?
Instructions can be found in IRS Notice 2026-11 here.
What’s next
This guidance is not the same as the final regulations. The IRS says it plans to issue proposed regulations pursuant to the notice, including those related to qualified sound recording productions. Until then, taxpayers can rely on the information in Notice 2026-11.
There is more information on OBBBA, so check back Forbes. To make it easy, I recommend signing up for our free tax newsletter—so the information you need is in your inbox every Saturday morning.
