Regulations on Bonus Depreciation Are Mostly as Expected

The proposed regulations addressing section 168(k) bonus depreciation largely conform to expectations, however there were a few unanticipated elements. In her recent comments to the press, Ellen McElroy of Eversheds Sutherland (US) LLP highlighted the IRS’ failure to address the drafting error that left qualified improvement property ineligible for bonus depreciation. McElroy also pointed to the narrow interpretation of the written binding contract rule in determining an acquisition date, which disregarded closing dates or letters of intent.

Read More: Proposed Bonus Depreciation Regs Contain Few Surprises

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