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Table Of Contents
Posted Monday, September 29, 2025
Here are some FAQs you might find helpful as a chapter summary. There is just one question quiz at the end- Can you deduct a water heater as a repair?
What’s the difference between a repair and an improvement?
Repairs maintain a property’s current condition and can be deducted immediately. Improvements enhance value, extend life, or adapt the use of the property and must be capitalized and depreciated. Sounds simple enough, right?
What is the IRS “BRA” test?
BRA stands for Betterment, Restoration, and Adaptation—criteria used to determine if an expense must be capitalized as an improvement.
What is the IRS “BAR” test?
Trick question.
When must an expense be capitalized?
If it corrects a material defect, replaces a major component, or changes the use of the property, it likely meets BRA standards and must be capitalized. But there are exceptions under the three rental property safe harbors.
What’s the general definition of a capital expenditure?
An amount paid for permanent improvements or acquisitions that has a useful life substantially beyond one year.
What is the de minimis safe harbor?
You can deduct purchases under $2,500 per item or invoice line, even if they are technically improvements, if properly elected on your return.
What is the Safe Harbor for Small Taxpayers?
If the building cost is under $1 million and gross rental income under $10 million, you can deduct repairs that might other be considered improvements up to the lesser of $10,000 or 2% of unadjusted rental property basis (think acquisition costs plus prior improvements).
What’s the Safe Harbor for Routine Maintenance?
You can deduct costs if you reasonably expect to perform the maintenance more than once in 10 years for buildings and systems. This one is tricky, but often overlooked and underutilized.
Can I use multiple safe harbors in one year?
Yes. If you don’t qualify under one, another may still apply.
Do I need to file something to use these safe harbors?
Yes. The de minimis and small taxpayer elections must be formally made on a timely filed return.
Is replacing an HVAC system a repair or improvement?
Usually an improvement unless you can use the small taxpayer safe harbor. You might be able to use routine maintenance as well- for example, you’re replacing 2 out of 10 HVAC units in a multi-unit system. You might also be able to use Section 179 expensing under qualified improvement property.
What about repainting?
Standalone painting is typically a repair. If bundled with a larger remodel, it must be capitalized.
Is replacing windows a repair?
Depends on scale. Replacing all windows is a capital improvement; replacing a fraction, like 100 out of 300, may qualify as routine maintenance. That’s a lot of windows.
Is a water heater a repair or capital item?
If under $2,500, it may qualify under de minimis. Otherwise, it’s likely a capital item unless you meet routine maintenance criteria.
How does routine maintenance apply to water heaters?
If you reasonably expect to replace it more than once in 27.5 years, it might qualify under the routine maintenance safe harbor.
What’s partial asset disposition (PAD)?
When you replace part of a property (e.g., a roof), you can deduct as a loss the undepreciated value of the old component. Not common in non-commercial settings.
Is a cost segregation study required to do PAD?
Not required, but very helpful in estimating the original component’s basis and depreciation.
Can I use bonus depreciation on improvements?
Only if classified as 5-, 7-, or 15-year property—like appliances, landscaping, or qualified improvement property in some cases.
Can I use Section 179 on residential rental property?
Rarely. Section 179 applies only to certain types of asset classes (personal property), and if the rental property is considered non-residential (commercial or short-term rental under 30 days average guest stay).
What is Qualified Improvement Property (QIP)?
QIP is any non-structural improvements to nonresidential buildings after it is placed in service, excluding enlargements, elevators and escalators. It is eligible for bonus depreciation and Section 179 expending.
Can residential rental property qualify as QIP?
No, QIP only applies to nonresidential property, so residential rental property does not qualify.
How do short-term rentals affect whether it is considered residential or nonresidential for the purposes of QIP?
If guests stay 30 days or less, the property is treated as nonresidential, allowing interior improvements to qualify as QIP.
What happens if a kitchen renovation changes a structural component like a load-bearing wall?
Technically, you are hosed. Practically, it no longer qualifies as QIP and must instead be depreciated over 27.5 or 39 years.
What’s the difference between Section 179 and bonus depreciation?
Section 179 cannot create a loss and may be trapped at the entity level, while bonus depreciation can create a loss and is often more flexible.
Which improvements qualify for Section 179 but not as QIP?
Roofs, HVAC, fire protection, alarm systems, and security systems can qualify under Section 179 but are not considered QIP since they are not interior improvements.
Why do real estate investors favor short-term rentals for QIP and depreciation strategies?
Short-term rentals are classified as nonresidential, making them eligible for enhanced bonus depreciation and Section 179 expensing options beyond typical residential rentals.
What are examples of 5-year property?
Appliances, carpeting, kitchen cabinets, and telecom wiring. Yes, we just used the word telecom.
What are examples of 7-year property?
Furniture, decorative lighting, closet shelving, and wall coverings.
What are examples of 15-year property?
Landscaping, sidewalks, fences, patios, and irrigation systems. Throw in pools and hot tubs too.
What is a “unit of property”?
Generally the entire building. But for improvements, IRS rules require looking at each major building system separately for a total of 9. Electrical, plumbing and gas distribution are good examples.
Can I use both Section 179 and bonus depreciation in the same year?
Yes. You can choose how much Section 179 to apply first, and then use bonus depreciation for the remaining basis. Section 179 is applied before bonus by default.
Is Section 179 available for rental property owners?
Only if the rental activity qualifies as a trade or business meaning it’s conducted with continuity, regularity, and profit motive, and the property is either personal property or qualifies as qualified improvement property (QIP, which is specific and limited).
Can I use Section 179 against W-2 income?
Yes, the income limit includes W-2 wages for purposes of the deduction. There are some devils in the details of course.
What happens if I move into a rental after claiming Section 179?
You must recapture the excess deduction (difference between typical depreciation and Section 179) as ordinary income if the property is no longer used predominantly for business purposes.
What’s the difference between bonus depreciation and Section 179?
Bonus is a depreciation method and is automatic (unless you opt out) and has no dollar limit; Section 179 is an election to expense certain expenditures with limits and recapture rules, but you can choose the exact amount to expense first.
What property qualifies for bonus deprecation under IRC Section 168(k)?
Generally, property with a recovery period of 20 years or less.
When would I elect out of bonus depreciation?
If you expect higher future tax rates, or your rental property losses are limited this year but fully deductible later (e.g., STR loophole or future REP status), you might opt out by class and year. Tax planning anyone?
Do rental properties qualify for Section 179?
Yes, if the rental rises to a trade or business with profit motive and regular, continuous participation (facts and circumstances), and you have certain assets that qualify. In other words, you cannot use Section 179 expensing on the building itself.
Can I combine Section 179 and bonus depreciation?
Yes—179 is applied first, and bonus can piggyback on the remainder for strong planning flexibility.
Are 5-year and 7-year assets eligible for Section 179 or bonus?
Yes for both Section 179 and yes for bonus depreciation; these are standard IRC Section 1245 property.
Is Qualified Improvement Property (QIP) eligible?
Yes for both Section 179 and yes for bonus depreciation, but only for nonresidential interior improvements.
Do kitchen or bathroom renos qualify as QIP?
Yes for both Section 179 and bonus depreciation when they’re nonresidential interior improvements including large renovations such as a kitchen or bathroom.
Can I expense a new roof?
Under Section 179: Yes (nonresidential carve-out); bonus: No. If your rental property is a long-term rental, then No.
Can I deduct the replacement of HVAC (furnace, AC, mini-split)?
Under Section 179: Yes (nonresidential(carve-out); bonus: No.
Is bonus depreciation available on foreign rental property?
No. Both Section 179 and bonus depreciation are not available for property located outside the U.S.
Can Section 179 create a loss on a partnership return?
Generally, No. Section 179 cannot create or increase a loss on Form 1065. This is a key limitation for partnerships and multi-member LLCs.
Does bonus depreciation have recapture issues like Section 179?
Not directly. Bonus depreciation doesn’t require recapture upon a change in use, but the asset continues depreciating and recapture may apply at sale. While not an issue with rental properties, listed property does have a recapture component under IRC Section 280F as it intersects IRC Section 168.
Should I use Section 179 if I might move into the property later?
Probably not. If future personal use is planned in the next 20 years or so, avoid Section 179. Or at least understand the tax consequences.