


23(b)(2)), but the carryover of many of these benefits expires after a specified time (e.g., the carryover of unusable charitable contribution deductions is generally limited to five years under Code Sec. 170(b)), and many credits is limited by a taxpayer’s taxable income (see, e.g., Code Sec. 172(a)(2)), charitable contributions ( Code Sec. One of those situations is the expiration of net operating loss (NOL), charitable contribution, or credit carryforwards. More flexibility. Although taxpayers generally benefit by accelerating the timing of deductions, there are situations in which accelerating deductions is offset by other considerations. 168(k) should consider using the expensing option to capture the following advantages. 179 expensing or 100% bonus depreciation under Code Sec. 179 expensing may be the better choice. A business that is eligible for either Code Sec.

In general, any amount that cannot be deducted because of the taxable income limit can be carried forward to later years until it is fully deducted. 179 expensing deduction is limited to taxable income from all of the taxpayer’s active trades or businesses. 179(b)(2)) However, under long-standing rules that weren’t changed by the TCJA, the Code Sec. 179 expensing is $1 million (up from $510,000) and the investment-based reduction in the dollar limitation starts to take effect when expensing-eligible property placed in service in the tax year exceeds $2.5 million (up from $2,030,000). Under the TCJA, for tax years beginning in 2018, the dollar limitation on Code Sec. Additionally, under the TCJA, for the first time ever, the additional first-year depreciation deduction is allowed for used as well as new property (although used property is ineligible in certain circumstances, such as where it was acquired from a related party or there was previous use by the taxpayer). 28, 2017, and placed in service after Sept. The additional first-year depreciation allowance for qualified property acquired before Sept. 168(k)) In later years, the first-year bonus depreciation deduction phases down (i.e., to 80% in 2023, to 60% in 2024, 40% in 2015, and 20% in 2026-a one-year date adjustment applies for certain aircraft and property with longer production periods). 1, 2024, for certain aircraft and property with longer production periods). Good times for capital cost recovery. Under the Tax Cuts and Jobs Act (TCJA), a 100% first-year deduction for the adjusted basis of depreciable property is allowed for qualified property acquired and placed in service after Sept. It can be used to fine-tune annual deductions, doesn’t cause UNICAP problems, and covers a number of realty improvements that are ineligible for 100% bonus depreciation. However, as this Practice Alert illustrates, Code Sec. 179 expensing faces dollar limits and other restrictions that don’t burden users of 100% bonus depreciation. 179 expensing may be wondering why they need to bother with expensing at all. Now that the bonus depreciation rules have been liberalized to allow for 100% writeoffs, and expanded to cover used as well as new property, taxpayers that also are eligible for Code Sec.
