100% bonus depreciation and the January 19, 2025 date rule
Written by Landon RoseLast updated 2026-10-07Pending review by a Certified Cost Segregation Professional
The rule in one table
| Binding contract date | Placed in service | Bonus rate |
|---|---|---|
| After Jan 19, 2025 | Any year | 100% |
| On or before Jan 19, 2025 | 2025 | 40% |
| On or before Jan 19, 2025 | 2026 | 20% |
Why the contract date matters more than closing
If you signed a binding purchase contract on January 10, 2025 and closed in March, the property was acquired on or before the cutoff, so the phase-down rate applies even though you closed later. A contract signed January 25, 2025 qualifies for 100%. Keep the signed contract with your study records.
What qualifies
Bonus depreciation applies to property with a recovery period of 20 years or less: the furniture, appliances and fixtures (5- and 7-year property) and land improvements like patios and landscaping (15-year property) that a cost segregation study identifies. The building itself (27.5 or 39 years) doesn't qualify. That's why a study is what unlocks the deduction.
Choices you can make
For the first tax year ending after January 19, 2025, you can elect 40% instead of 100%, and you can always elect out of bonus depreciation for a class of property. Your CPA decides which fits your situation.
Sources
- IRS Notice 2026-11 (bonus depreciation guidance under the 2025 tax law)
- 26 U.S. Code § 168(k), special allowance for certain property
- IRS Publication 946, How to Depreciate Property
This article is general information, not tax advice. Confirm how it applies to you with your tax professional.