Claiming "Bonus" Depreciation: The "Trade or Business" or "Held for the Production of Income" Test

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2011-04-29
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Harl, Neil
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The Tax Relief Act of 20101 increased 50 percent “bonus” depreciation to 100 percent for qualified investments after September 8, 2010 and before January 1, 20122 and authorized 50 percent “bonus” depreciation for qualified property placed in service after December 31, 2011 and before January 1, 2013.3 The move to 100 percent bonus depreciation (with no limit on the maximum amount) has generated a great deal of interest in the change in eligibility rules. Recently, questions have been raised as to whether farm buildings are eligible and, if so, under what conditions.

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