Real Estate Tax Strategy
Bonus Depreciation Phaseout: What It Means for Real Estate Buyers
The 60% / 40% / 20% / 0% phaseout schedule for 2024 through 2027, what qualifies, why it matters most when paired with cost segregation, and the acquisition-timing math at high marginal rates.
Quick answer
The Tax Cuts and Jobs Act (TCJA) allowed 100% bonus depreciation on qualifying property placed in service from 2017 through 2022. The rate has been stepping down 20 percentage points per year: 80% in 2023, 60% in 2024, 40% in 2025, 20% in 2026, and 0% in 2027 absent Congressional action. Bonus applies only to property with a depreciable life of 20 years or less, which is why it pairs almost exclusively with cost segregation studies in real estate planning. Buy timing materially affects the year-one tax benefit.
The phaseout schedule
| Year placed in service | Bonus depreciation rate |
|---|---|
| 2017 - 2022 | 100% |
| 2023 | 80% |
| 2024 | 60% |
| 2025 | 40% |
| 2026 | 20% |
| 2027 and after | 0% (absent legislation) |
The applicable rate is determined by the date the property is placed in service. For most rental real estate, that is the date the property is ready and available for rent (typically the closing date for an acquisition).
What bonus depreciation applies to
- Property with a depreciable life of 20 years or less. Bonus does not apply to the 27.5-year residential building or the 39-year commercial building.
- 5/7/15-year property created by cost segregation. Carpet, appliances, certain wiring, decorative fixtures (5-year), specialized furnishings (7-year), and land improvements like landscaping, paving, fencing (15-year). All bonus-eligible.
- Qualified Improvement Property (QIP) for interior improvements to non-residential property, with a 15-year life under current law.
- Furniture, fixtures, and equipment acquired separately (relevant for STR operators who buy furnishings as part of setup).
What is NOT bonus-eligible: the structural shell (27.5 or 39-year), land (non-depreciable), most goodwill and intangibles.
Why it matters for real estate investors
Cost segregation + bonus depreciation has been the dominant first-year tax strategy for high-net-worth real estate investors since TCJA. The two pieces work together:
- Cost segregation reclassifies portions of a real estate purchase into 5/7/15-year property, creating the buckets eligible for bonus depreciation.
- Bonus depreciation then lets you deduct the current bonus percentage of those buckets in year one, instead of over 5, 7, or 15 years.
- Phaseout is reducing the first-year benefit each year. 2026 will be the last meaningful year (20%); 2027 effectively eliminates the strategy unless Congress acts.
- Investors who can use the resulting losses (those with REPS or the STR loophole) benefit most. Passive-loss-limited investors carry the losses forward, which is still valuable but less time-sensitive.
Acquisition timing math (illustrative)
The example below is illustrative only. Real outcomes depend on property specifics, the cost-seg study, and the taxpayer's ability to use the losses.
Assume a $1M short-term rental purchase, $800K depreciable basis after land. A cost segregation study identifies $350K of 5/7/15-year property. The remaining $450K stays in 27.5-year residential life.
| Year placed in service | Bonus rate | Bonus deduction on $350K | Tax saved at 37% |
|---|---|---|---|
| 2024 | 60% | $210,000 | ~$78K federal |
| 2025 | 40% | $140,000 | ~$52K federal |
| 2026 | 20% | $70,000 | ~$26K federal |
| 2027 | 0% | $0 (still get normal MACRS) | $0 from bonus |
The 2027-and-after column does not mean the property has zero depreciation. It means there is no year-one bonus on top of the normal 5/7/15-year MACRS schedule. Normal MACRS still produces meaningful first-year deductions, just not the compressed lump that the bonus stack creates.
State income tax savings are on top of these federal numbers, and vary by state. Some states decouple from federal bonus depreciation entirely; others conform fully. State conformity matters and should be reviewed with a CPA.
Will Congress extend?
Multiple bills have been proposed to restore 100% bonus depreciation, some with retroactive effect. Several have passed the House but stalled in the Senate. Political winds shift year to year, and the broader tax policy picture interacts with TCJA individual-rate sunsets, R&D expensing, and other expiring provisions.
The conservative planning position: assume the phaseout proceeds as currently scheduled, and treat any restoration of higher bonus rates as upside. Do not base an acquisition decision on the expectation that Congress will reverse the phaseout. If you are inclined to wait for a legislative fix that may not arrive, you are likely better off taking the deduction at the current rate than betting on a future rate that may stay at 0%.
What this means for your decision
- If you were going to buy a particular property anyway, accelerating the close into the higher-bonus-rate year has measurable tax value.
- Do not buy a bad property just to capture bonus depreciation. The deduction is a percentage of basis; the basis only exists because you spent the money. Negative-economics deals do not become positive because they generate paper losses.
- Pair every acquisition planning to use bonus with a cost segregation study. Without one, almost nothing in a real estate purchase is bonus-eligible.
- For existing property without a cost seg study, evaluate a retroactive Form 3115 cost seg. The Section 481(a) catch-up deduction can use the current-year bonus rate on prior placed-in-service years per regulation; consult the CPA on the specific year-by-year mechanics for your facts.
- Confirm your ability to actually use the losses (REPS, STR loophole, or passive-income offset). For passive-loss-limited investors, the losses carry forward, but the time value is reduced.
Other acceleration strategies after bonus sunsets
- Section 179 expensing. Limited to active trade or business; rental real estate often does not qualify because of the passive characterization. Subject to a taxable income limitation. Useful for active short-term rental operators in specific situations.
- Standard MACRS depreciation. Without bonus, 5/7/15-year cost-seg property still depreciates faster than 27.5-year property. The benefit is smaller and stretched over more years, but it remains real.
- Cost segregation alone. Cost seg still provides value after bonus phaseout, because shorter MACRS lives are inherently better than 27.5 or 39-year lives. The catalyst effect is reduced but not eliminated.
- 1031 exchanges. Defer recognition on sale of appreciated investment property, which preserves the accumulated depreciation benefit. See 1031 exchange financing.
- Opportunity Zone investing. A different tax-deferral lever for capital-gain reinvestment. See opportunity zone financing.
Financing considerations
We help finance the acquisition. The CPA designs the tax strategy. For investor pricing on a DSCR or full-doc investment property loan, see our DSCR pricer or email a scenario. We work with lenders going to program minimums where allowed. Rates referenced anywhere on this site exclude discount points unless stated. For STR-friendly DSCR programs, see dscrdirect.net.
Related real estate tax strategies
Short-term rental loophole
How W2 earners use STR property with material participation to unlock active losses against W2 income.
Cost segregation studies
The engineering study that identifies 5/7/15-year property buckets eligible for bonus depreciation.
Real Estate Professional Status
The two qualifying tests, the spouse strategy, and how REPS unlocks unlimited rental losses against W2 income.
1031 exchange financing
Defer recapture on sale and roll equity into the next property. Mortgage timing inside the 45/180-day windows.
Frequently asked questions
What is bonus depreciation?+
Bonus depreciation is a tax election that lets taxpayers deduct a percentage of the cost of qualifying business or rental property in the year it is placed in service, instead of spreading the deduction over the asset's depreciable life. It was created by the Tax Cuts and Jobs Act (TCJA) at 100% from 2017 through 2022 and is now phasing down to 0% by 2027 absent Congressional action. Qualifying property must generally have a depreciable life of 20 years or less, which is why bonus depreciation pairs naturally with cost segregation studies that create 5, 7, and 15-year property buckets from a real estate purchase.
What is the current bonus depreciation percentage?+
For property placed in service in 2025, bonus depreciation is 40%. It drops to 20% in 2026 and to 0% in 2027. The phaseout: 100% from 2017-2022, 80% in 2023, 60% in 2024, 40% in 2025, 20% in 2026, 0% in 2027 and after. The applicable rate is determined by the year the property is placed in service, not the year of purchase. For real estate, "placed in service" generally means the date the property is ready and available for its intended use (typically the close date for rental property, or the date of certificate of occupancy on new construction).
Does bonus depreciation apply to rental real estate?+
Not directly to the building itself. The residential rental structure depreciates over 27.5 years and commercial over 39 years - both well above the 20-year cap for bonus eligibility. Bonus depreciation DOES apply to the 5, 7, and 15-year components a cost segregation study identifies within a real estate purchase (carpet, appliances, certain wiring, decorative fixtures, land improvements, paving, landscaping, etc.). Without a cost seg study, almost none of a real estate purchase is bonus-eligible. With cost seg, 25% to 40% of the depreciable basis typically becomes bonus-eligible.
Will Congress extend bonus depreciation?+
Multiple bills have proposed restoring 100% bonus depreciation. Some have passed one chamber but stalled in the other. Tax policy is politically uncertain in any year. Conservative planning assumes the phaseout proceeds as currently scheduled. If Congress restores higher rates retroactively or prospectively, that is upside. Do not delay a purchase you would otherwise make on the assumption that Congress will rescue the bonus rate.
Should I rush to buy property before year-end?+
Only if you were going to buy a comparable property anyway. The bonus phaseout creates real urgency for investors with a pipeline of acquisitions, because the tax benefit of buying in December 2025 (40% bonus) is meaningfully larger than buying in January 2026 (20% bonus). For a $1M property with $350K of cost-seg-eligible components, the difference is $70K of additional first-year deduction, worth roughly $26K at a 37% marginal rate. That said, a bad deal does not become a good deal because of bonus depreciation. Buy properties that make economic sense; let the tax timing tilt the calendar.
How does bonus depreciation combine with cost segregation?+
Cost seg identifies which portions of a real estate purchase qualify for shorter depreciable lives (5, 7, 15 years). Bonus depreciation then lets you deduct the applicable percentage of those reclassified components in year one. Without cost seg, almost no part of a real estate purchase is bonus-eligible. Without bonus depreciation, the cost-seg-identified components depreciate over their 5/7/15-year MACRS schedule. Combining them stacks the year-one benefit. The two are routinely paired in real estate tax planning. See our /cost-segregation page for the engineering-study mechanics.
What about Section 179 expensing?+
Section 179 lets a taxpayer expense qualifying business property up to an annual cap (which adjusts annually for inflation). It has historically been an alternative to bonus depreciation. The two key limits for real estate investors: (1) Section 179 generally does not apply to rental real estate held for investment - it requires an active trade or business; passive rental activity is excluded. (2) Section 179 has a taxable income limit (the deduction cannot create a loss), unlike bonus depreciation. For most rental real estate investors, bonus depreciation is the relevant lever, not Section 179. Active short-term rental operators or those in qualifying real estate businesses may have Section 179 access in specific situations.
Time-sensitive financing
Acquisitions targeting current-year bonus depreciation need a financing path that closes inside the calendar year. We work with lenders going to program minimums where allowed and routinely close DSCR and conventional investment loans on compressed timelines.
Important tax disclaimer
This page is general educational information and is NOT tax, legal, or investment advice. Bonus depreciation, cost segregation, and the related passive-loss rules involve nuanced tax law and IRS scrutiny. Federal-state conformity varies. The phaseout schedule is subject to legislative change. Consult a CPA specializing in real estate taxation before relying on this strategy for your specific situation.
Eligibility, rates, and program guidelines vary by lender and are subject to change. Tax strategies described are general educational information, not tax advice. Consult a qualified CPA for your specific situation. This is not a commitment to lend or an offer of credit. Equal Housing Opportunity.