Being a real estate investor is one of the best ways to save on taxes.
With the OBBBA, bonus depreciation is now back to 100% in 2025.
Here’s how smart investors are leveraging this to cut their tax bills:
The new tax bill increases bonus depreciation from 40% to 100% for assets that are “placed in service” on or after Jan 19, 2025.
This means that investors can significantly reduce their tax bill by doing a cost segregation study.
Let me explain...
Real estate buildings can be depreciated over 27.5 or 39 years for tax purposes.
A cost segregation study (IRS Pub 5653), done by CPAs and engineers, allows you to reclassify some of the building costs into 5, 7, and 15-year property for tax purposes:
This allows you to get 100% depreciation for things like:
- carpets
- specialized wiring
- cooling systems
- ornamental millwork
- and much more
Say you purchase a rental for $400k.
~80% of the price is allocated to the building and ~20% to land (depends on location), so about $320k is eligible for depreciation.
Cost segregation study reclassifies ~20-30% of the building basis, or ~$80k into 5, 7, or 15 year property.
Prior to the bill:
You could only take 40% in Year 1, or $32,000 of immediate depreciation.
New tax bill:
You can take the entire $80,000 as depreciation in Year 1.
With building depreciation, mortgage interest, or renovations, you could have a $90,000-$100,000 loss in Y1.
If you're in a 37% marginal tax bracket, that's about $37,000 of federal tax savings you can reinvest elsewhere. BUT:
Real estate is considered a passive activity.
You generally can't deduct this loss against your active income (like wages or business income).
If the average stay is less than 7 days, your rental property is excluded from the definition of a rental activity (§1.469-1T(e)(3)(ii)).
OR your stay at home spouse could qualify for real estate professional status (750 hours and >50% of time spent in real estate activities).
In addition, you must materially participate in your rental.
You need to meet one of the following tests:
→ Participate more than 500 hours, OR
→ Participate for at least 100 hours and at least as much as any other individual.
When you sell the rental, you will be subject to depreciation recapture.
You can:
• Use a like-kind exchange to defer the gains (IRC Section 1031).
• Pass it down to your heirs, so they receive a step-up in basis.
• Opportunity zones (avoid capital gains)
BUT it might not make sense to take such a large loss in Y1.
If you expect your income to increase, it could make sense to postpone the cost segregation study.
It's also beneficial if you have a high income now but expect to be in a lower tax bracket when you sell.
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The new tax bill raises the SALT cap from $10,000 to $40,000.
But for high earners, it could come with a hidden SALT torpedo pushing your tax rate up to 45%.
Let's walk through how it works:
The OBBBA tax bill increases the state and local tax deduction cap from $10,000 to $40,000 for single/married filing jointly, increased by 1% for inflation.
However, there is an income limitation that high earners shouldn't ignore.
Let me explain...
The tax bill has a phasedown provision that reduces the SALT deduction by 30% of the amount by which your MAGI exceeds $500,000.
Once you (or a married couple filing jointly) have a MAGI of $600,000, the SALT cap is reduced to $10,000.
90% of Americans never got a tax break for donating to charity.
The new tax bill completely overhauls charitable giving.
4 tax planning moves to make before the rules change:
The new tax bill made some changes to charitable deductions that are worth discussing.
Now, many people donate without caring for the tax deduction, but I still want to educate you on the strategies.
Let's get into it:
1. Non-itemizers charitable deduction
Section 70424 of OBBBA permanently restores the charitable deduction for non itemizers starting in 2026 to $1,000 for single filers and $2,000 for married filing jointly.