Do all states follow the federal bonus depreciation laws?
While first-year bonus depreciation deductions are allowed under federal law, many states choose to decouple from federal provisions.
171.1011, Tax Code) Bonus depreciation amounts are not allowed, and taxpayers must adjust the gain/loss on the disposition of assets accordingly when calculating their revised franchise tax liability.
The taxpayer didn't use the property at any time before acquiring it. For example, if your business leases a piece of equipment before purchasing it, you would not be able to claim bonus depreciation on the equipment. The taxpayer didn't acquire the property from a related party.
The law now allows for depreciation on used equipment, though it must be “first use” by the purchasing business. The rules allow Bonus Depreciation to 100% for all qualified purchases made between September 27, 2017 and January 1, 2023. Bonus Depreciation now ramps down to 80%, starting in 2023.
Make a Retirement Contribution
One of the most effective ways to reduce taxes on a bonus is to reduce your gross income with a contribution to a tax-deferred retirement account. This could be either a 401(k) or an individual retirement account (IRA).
Let's look at how bonuses are taxed in California. Like regular pay, bonuses are subject to both federal and state tax.
The Tax Cuts and Jobs Act, enacted in 2018, increased first-year bonus depreciation to 100%, which has remained through the end of 2022. The deduction phases out over the following four years, dropping to 80% in 2023, 60% in 2024, 40% in 2025, and 20% in 2026. After 2026, the deduction will no longer be available.
PROCEDURE: For Arizona income tax purposes, a taxpayer may not deduct federal bonus depreciation on the Arizona income tax return.
North Carolina law did not adopt the bonus depreciation provision. Therefore, if you deducted 50 percent additional first-year depreciation on your 2008 federal return, you must add to federal taxable income 85 percent of the amount deducted.
Section 179 offers greater flexibility but also caps the benefit. Bonus depreciation has no limitations but may force a company to “waste" depreciation that it could benefit from in future years.
When should I opt out of bonus depreciation?
Election Out of Bonus Depreciation
In general, taxpayers may elect out of bonus depreciation for any qualifying property placed in service during the taxable year. The election applies to all property of the same property class that is placed in service by the taxpayer in the same year.
If your new or used vehicle has a GVWR of 6,000 pounds or less and has a purchase price of $64,000 or more, then you can write off up to $19,200 in 2022 if you buy it and place it in service on or before December 31, 2022 (assuming the mid-quarter convention does not apply).

This tax break won't last forever. Bonus depreciation will be phased out by 2027 unless new legislation is passed. The bonus depreciation percentage will gradually be reduced by 20% increments from 2023 until it is eliminated after 2026.
Bonus depreciation comes into play once the Section 179 limit has been reached. The 100-percent depreciation will stay in effect until January 1, 2023, when the first-year bonus depreciation deduction will decrease as follows: 80% for property placed in service during 2023. 60% for property placed in service during ...
2022 DEDUCTION LIMIT
This deduction is good on new and used equipment, as well as off-the-shelf software. This limit is only good for 2022, and the equipment must be financed/purchased and put into service by the end of the day, 12/31/2022.
Why are bonuses are taxed so high? Bonuses are taxed heavily because of what's called "supplemental income." Although all of your earned dollars are equal at tax time, when bonuses are issued, they're considered supplemental income by the IRS and held to a higher withholding rate.
No, bonus income is technically taxed the same as regular wages in the eyes of the IRS.
A bonus is always a welcome bump in pay, but it's taxed differently from regular income. Instead of adding it to your ordinary income and taxing it at your top marginal tax rate, the IRS considers bonuses to be “supplemental wages” and levies a flat 22 percent federal withholding rate.
Key takeaway: Holiday bonuses are subject to federal and state income tax, as well as FICA tax, and withholding may be higher when you include bonuses in employees' paychecks than when you give separate checks.
Yes. Bonuses are taxed more than regular pay because they are considered supplemental income.
How are bonuses taxed 2023?
In the event you receive a separate payment from your regular paycheck, your bonus will be taxed at a flat rate of 22 percent. Meanwhile, if your employer decides to include it in your paycheck, it will be taxed as regular income.
California does not conform to the federal special or bonus depreciation for qualified property acquired and placed in service.
California law has not always conformed to federal law with regard to depreciation methods, special credits, or accelerated write‑offs. Consequently, the recovery periods and the basis on which the depreciation is calculated may be different from the amounts used for federal purposes.
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Beware of Bonus Depreciation in NY State for Real Estate Investors.
Item | Federal | NY State |
---|---|---|
Adjusted Gross Income - Post-Bonus Depreciation Adjustment | (524,000) | 39,476,000 |
Georgia generally conforms to federal law governing depreciation because the starting point for computing Georgia taxable income is federal adjusted gross income.
Bonuses are taxed more than regular pay because they are considered supplemental income. They are always federally taxed, no matter which tax bracket you're in.
Hawaii has not adopted the increased expensing deduction under section 179 (Hawaii limit is $25,000) or the bonus depreciation provisions. Hawaii has not adopted the domestic production deduction under section 199.
Corporate: California disallows a deduction for bonus depreciation.
After the sale of an asset, IRS Form 4797 is used to report depreciation recapture and the total gain or profit from the real estate sale. The total depreciation expense taken to reduce taxable net income is “recaptured” by the IRS and taxed at the investor's ordinary income tax rate, up to a maximum tax rate of 25%.
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California law does not conform to federal law for the following:
Tax Year | Amount |
---|---|
1st Tax Year | $3,670 |
2nd Tax Year | 5,877 |
3rd Tax Year | 3,454 |
Each Succeeding Year | 2,139 |
Does New York allow 100 bonus depreciation?
If you have an interest in a passive activity, the modifications required under Tax Law sections 612(b)(25) and (c)(26) for ACRS depreciation and New York depreciation must be made for the full amounts allowable as a federal depreciation deduction (100%), even though the activity may be subject to federal loss ...
Yes. Bonuses are taxed more than regular pay because they are considered supplemental income.
No, West Virginia does not require an addback of federal bonus depreciation deductions because of conformity with federal tax provisions.
Virginia tax law doesn't recognize this bonus depreciation. If you claimed a deduction that included bonus depreciation on your federal income tax return, you'll need to recalculate depreciation on these assets to determine the amount of your Virginia deduction.
In a building construction project, the building (including its structural components) is not eligible for bonus depreciation, because buildings generally have a MACRS recovery period of greater than 20 years.
References
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