Tax depreciation · Guide
Bonus depreciation in 2025 and 2026: 100%, 40% or 20%?
Key takeaways
- Qualified property acquired and placed in service after January 19, 2025 gets a 100% first-year special depreciation allowance, permanently, unless you elect out.
- For the first tax year ending after January 19, 2025 (2025 for calendar-year taxpayers) you may elect 40% instead of 100%.
- Property acquired before January 20, 2025 stays on the old phase-down: 40% if placed in service in 2025; 20% in 2026 by our reading of the law.
- Under a written binding contract, the acquisition date is generally the latest of signing, enforceability and the end of any cancellation period.
- Bonus applies after Section 179 and before regular MACRS, and is elected out of class by class.
Bonus depreciation. The special depreciation allowance under section 168(k): an extra first-year deduction for qualified property (100% for property acquired after January 19, 2025, unless you elect otherwise). Glossary is the IRS’s “special depreciation allowance” under section 168(k): an extra first-year deduction for qualified property. It is taken after any §179 deduction and before regular MACRS, and reported on Form 4562, line 14 (line 25 for listed property such as vehicles) [Form 4562 instr., lines 14, 25].
What changed in 2025?
The 2025 tax law (P.L. 119-21) replaced the scheduled phase-down with a permanent 100% allowance for qualified property acquired after January 19, 2025 [Notice 2026-11, §2.02]. The IRS’s interim guidance, Notice 2026-11, says taxpayers apply the existing bonus regulations with “January 19, 2025” substituted for the old September 27, 2017 date [Notice 2026-11, §3.03].
| Property | Placed in service | Allowance |
|---|---|---|
| Acquired after Jan 19, 2025 | 2025 or later | 100% (or elect 40% for the first tax year ending after Jan 19, 2025) |
| Acquired before Jan 20, 2025 | 2025 | 40% |
| Acquired before Jan 20, 2025 | 2026 | 20% (inference, see below) |
| Acquired before Jan 20, 2025 | 2027 or later | None |
The 2025 rows are stated in Publication 946 [Pub 946, ch. 3]. The 2026 row is our reading of Notice 2026-11, which describes the old rule as phasing down “by 20 percentage points annually” from 2023 for property placed in service before January 1, 2027 [Notice 2026-11, §2.01]. The 2026 edition of Publication 946 has not been released yet; we will re-check this row when it is. Longer-production-period property and certain aircraft have different percentages.
When is property “acquired”?
The date you acquire property, not the date you pay or place it in service, decides which row applies. For property bought under a written binding contract, the acquisition date is generally the latest of the date the contract was entered into, the date it became enforceable under state law, and the date any cancellation periods ended [Reg. §1.168(k)-2, (b)(5)(ii)(B)]. A machine ordered under a contract signed in December 2024 and delivered in March 2025 can therefore be “acquired before January 20, 2025” and get 40%, not 100%.
What property qualifies?
Qualified property includes tangible property depreciated under MACRS with a recovery period of 20 years or less, certain computer software, water utility property, and qualified film, television, live theatrical and (from 2025) sound recording productions. It can be new or certain used property [Pub 946, ch. 3]. Buildings do not qualify: residential rental property (27.5 years) and nonresidential real property (39 years) are outside the 20-year limit. Qualified improvement property is 15-year property, so it can qualify.
The 40% election and electing out
- Elect 40% instead of 100%: available for property acquired and placed in service after January 19, 2025, in your first tax year ending after that date [Pub 946, ch. 3]. For a calendar-year taxpayer, that is 2025 only.
- Elect out: for any class of property, for all property in that class placed in service that year, by attaching a statement to a timely filed return (or an amended return within 6 months of the original due date). You cannot revoke it without IRS consent [Pub 946, ch. 3].
Worked example: an $80,000 machine placed in service in August 2025
Seven-year property, half-year convention, 100% business use:
| Situation | Bonus | MACRS year 1 | 2025 total |
|---|---|---|---|
| Acquired after Jan 19, 2025, default | $80,000 | $0 | $80,000 |
| Acquired after Jan 19, 2025, elect 40% | $32,000 | $6,859.20 | $38,859.20 |
| Acquired before Jan 20, 2025 | $32,000 | $6,859.20 | $38,859.20 |
| Same machine placed in service in 2026, acquired before Jan 20, 2025 (20%) | $16,000 | $9,145.60 | $25,145.60 |
MACRS year 1 is 14.29% of what remains after bonus. Try it in the calculator: change the acquisition answer and the bonus election.
Cars: bonus raises the first-year limit
For passenger automobiles, bonus depreciation lifts the first-year depreciation limit. For a car placed in service in 2026 the cap is $20,300 with bonus and $12,300 without [Rev. Proc. 2026-15, §4.01(2)]. With 100% bonus on a car costing more than that, see the calculator’s note on the Rev. Proc. 2019-13 safe harbor.
Selling property you took bonus on
When you sell property on which you claimed bonus depreciation, gain is generally recaptured as ordinary income up to the allowance you claimed [Pub 946, ch. 3]. See depreciation recapture.
Questions
- Does bonus depreciation apply to used equipment?
- It can. Publication 946 says qualified property can be new property or certain used property; the used-property rules in the bonus regulations decide which.
- Can I take bonus depreciation on a rental house?
- Not on the building: residential rental property has a 27.5-year recovery period, and qualified property must have a recovery period of 20 years or less. Appliances, carpets and furniture in the rental (5-year property) can qualify.
- Is bonus depreciation optional?
- It is the default. You can elect out for any class of property for the year, by attaching a statement to a timely filed return. The election cannot be revoked without IRS consent.
Sources
- Notice 2026-11 (interim guidance on the additional first year depreciation deduction), Internal Revenue Service. IRS notice · full text · checked Oct 24, 2026
- Publication 946 (2025), How To Depreciate Property, Internal Revenue Service. Official guidance · full text · checked Oct 24, 2026
- 26 CFR 1.168(k)-2, Additional first year depreciation deduction (eCFR, current), Office of the Federal Register (eCFR). Regulation · full text · checked Oct 24, 2026
- Instructions for Form 4562 (2025), Internal Revenue Service. Official guidance · full text · checked Oct 24, 2026
- Rev. Proc. 2026-15 (2026 passenger automobile limits), Internal Revenue Service. Revenue procedure · full text · checked Oct 24, 2026
- Publication 527 (2025), Residential Rental Property, Internal Revenue Service. Official guidance · full text · checked Oct 24, 2026
Update history
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