Skip to content
×
Pro Members Get Full Access
Succeed in real estate investing with proven toolkits that have helped thousands of aspiring and existing investors achieve financial freedom.
$0 TODAY
$32.50/month, billed annually after your 7-day trial.
Cancel anytime
Find the right properties and ace your analysis
Market Finder with key investor metrics for all US markets, plus a list of recommended markets.
Deal Finder with investor-focused filters and notifications for new properties
Unlimited access to 9+ rental analysis calculators and rent estimator tools
Off-market deal finding software from Invelo ($638 value)
Supercharge your network
Pro profile badge
Pro exclusive community forums and threads
Build your landlord command center
All-in-one property management software from RentRedi ($240 value)
Portfolio monitoring and accounting from Stessa
Lawyer-approved lease agreement packages for all 50-states ($4,950 value) *annual subscribers only
Shortcut the learning curve
Live Q&A sessions with experts
Webinar replay archive
50% off investing courses ($290 value)
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 2 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

User Stats

12
Posts
8
Votes
Joshua Awodele
  • Investor
  • Stamford, CT
8
Votes |
12
Posts

Connecticut Section 168k Limitations

Joshua Awodele
  • Investor
  • Stamford, CT
Posted Jul 15 2024, 19:08

Just found out that Connecticut disallows section 168k & section 179 bonus depreciation. For reference, see: https://portal.ct.gov/-/media/drs/publications/ocg/ocg5bonus...

Is there an exemption to this rule or can bonus depreciation from a cost segregation study be applied via a different IRC code? Or any other tax strategy?

Thank you BP Nation.

User Stats

96
Posts
95
Votes
Benjamin Weinhart
Tax & Financial Services
  • Accountant
  • Cincinnati OH 45209, USA
95
Votes |
96
Posts
Benjamin Weinhart
Tax & Financial Services
  • Accountant
  • Cincinnati OH 45209, USA
Replied Jul 17 2024, 08:18

No, this is common for states to not follow the federal guidelines when it comes to bonus depreciation, there is no exemption or other work-around. You will have a mismatch between depreciation allowed from the federal & state level for the entire life of the property which can create some added administrative burden for some.

Just in case there is confusion by the way, you are still allowed to take bonus depreciation under your federal return, just not for the state of Connecticut (among some others if others are reading. It's a case-by-case basis)

User Stats

7,250
Posts
8,942
Votes
Bill B.#2 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
8,942
Votes |
7,250
Posts
Bill B.#2 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
Replied Jul 17 2024, 08:25

Minnesota is the same. Or close enough. 

BAM Capital  logo
BAM Capital
|
Sponsored
Your Path to Generational Wealth We offer wealth-building and income-producing real estate opportunities for accredited investors.

User Stats

248
Posts
271
Votes
Kory Reynolds
Pro Member
  • Accountant
  • NH
271
Votes |
248
Posts
Kory Reynolds
Pro Member
  • Accountant
  • NH
Replied Jul 17 2024, 13:42

Nearly every state disallows bonus depreciation.  Many states have a limitation on 179 that is different from the Feds.

Some have really painful rules on dealing with that bonus depreciation addbacks.

You still benefit from the cost segregation study without the bonus depreciation - say your cost segregation study broke out $100k of 5 year property - now instead of spreading that out over 27.5 / 39 years, you get to take it over 5 years for your local state.

You still get the bonus depreciation amount on your Federal return, regardless of what the state does.

User Stats

18
Posts
6
Votes
Malik Javed
Tax & Financial Services
  • Specialist
  • Los Angeles California
6
Votes |
18
Posts
Malik Javed
Tax & Financial Services
  • Specialist
  • Los Angeles California
Replied Jul 18 2024, 15:13
Quote from @Joshua Awodele:

Just found out that Connecticut disallows section 168k & section 179 bonus depreciation. For reference, see: https://portal.ct.gov/-/media/drs/publications/ocg/ocg5bonus...

Is there an exemption to this rule or can bonus depreciation from a cost segregation study be applied via a different IRC code? Or any other tax strategy?

Thank you BP Nation.

Unfortunately, some states like Connecticut and California do not allow bonus, QIP, and limit Section 179 deductions. At this time there's no other IRC section that can work around the state issue.

User Stats

12
Posts
8
Votes
Joshua Awodele
  • Investor
  • Stamford, CT
8
Votes |
12
Posts
Joshua Awodele
  • Investor
  • Stamford, CT
Replied Jul 23 2024, 16:05
Quote from @Benjamin Weinhart:

No, this is common for states to not follow the federal guidelines when it comes to bonus depreciation, there is no exemption or other work-around. You will have a mismatch between depreciation allowed from the federal & state level for the entire life of the property which can create some added administrative burden for some.

Just in case there is confusion by the way, you are still allowed to take bonus depreciation under your federal return, just not for the state of Connecticut (among some others if others are reading. It's a case-by-case basis)

 Thank you Benjamin. I wonder what the depreciation schedule for Connecticut will look like then. If they'll disallow you claiming a big chunk at once, in what way are you allowed to take depreciation for now and future years?

User Stats

12
Posts
8
Votes
Joshua Awodele
  • Investor
  • Stamford, CT
8
Votes |
12
Posts
Joshua Awodele
  • Investor
  • Stamford, CT
Replied Jul 23 2024, 16:06
Quote from @Bill B.:

Minnesota is the same. Or close enough. 


Thank you for the reply.

It's definitely a bummer!

User Stats

12
Posts
8
Votes
Joshua Awodele
  • Investor
  • Stamford, CT
8
Votes |
12
Posts
Joshua Awodele
  • Investor
  • Stamford, CT
Replied Jul 23 2024, 16:13
Quote from @Kory Reynolds:

Nearly every state disallows bonus depreciation.  Many states have a limitation on 179 that is different from the Feds.

Some have really painful rules on dealing with that bonus depreciation addbacks.

You still benefit from the cost segregation study without the bonus depreciation - say your cost segregation study broke out $100k of 5 year property - now instead of spreading that out over 27.5 / 39 years, you get to take it over 5 years for your local state.

You still get the bonus depreciation amount on your Federal return, regardless of what the state does.

 Thank you Kory. Appreciate the insight.

Reclassification definitely has it's merit for now and future deductions while allowing you to claim against federal and state taxes sidestepping the State's unfortunate approach to Bonus Depreciation. After doing the math, it looks like claiming section 168k now if only allowed against federal might be more favorable than reclassification.

User Stats

12
Posts
8
Votes
Joshua Awodele
  • Investor
  • Stamford, CT
8
Votes |
12
Posts
Joshua Awodele
  • Investor
  • Stamford, CT
Replied Jul 23 2024, 16:22
Quote from @Malik Javed:
Quote from @Joshua Awodele:

Just found out that Connecticut disallows section 168k & section 179 bonus depreciation. For reference, see: https://portal.ct.gov/-/media/drs/publications/ocg/ocg5bonus...

Is there an exemption to this rule or can bonus depreciation from a cost segregation study be applied via a different IRC code? Or any other tax strategy?

Thank you BP Nation.

Unfortunately, some states like Connecticut and California do not allow bonus, QIP, and limit Section 179 deductions. At this time there's no other IRC section that can work around the state issue.


 Thank you for your time Javed.

It's unfortunate, but ultimately, the federal deduction from the cost seg moves the needle a tiny bit. This is a good lesson for future tax planning.

User Stats

96
Posts
95
Votes
Benjamin Weinhart
Tax & Financial Services
  • Accountant
  • Cincinnati OH 45209, USA
95
Votes |
96
Posts
Benjamin Weinhart
Tax & Financial Services
  • Accountant
  • Cincinnati OH 45209, USA
Replied Jul 23 2024, 17:07
Quote from @Joshua Awodele:
Quote from @Benjamin Weinhart:

No, this is common for states to not follow the federal guidelines when it comes to bonus depreciation, there is no exemption or other work-around. You will have a mismatch between depreciation allowed from the federal & state level for the entire life of the property which can create some added administrative burden for some.

Just in case there is confusion by the way, you are still allowed to take bonus depreciation under your federal return, just not for the state of Connecticut (among some others if others are reading. It's a case-by-case basis)

 Thank you Benjamin. I wonder what the depreciation schedule for Connecticut will look like then. If they'll disallow you claiming a big chunk at once, in what way are you allowed to take depreciation for now and future years?

 I don't work in Connecticut enough to know this answer off-hand but a large majority of states that opt-out of bonus depreciation effectively pretend it doesn't exist. This means you would still get the 200% MACRS on most/all assets that would otherwise be subject to bonus depreciation.

Funnily enough, Ohio is not one of these states for my tax preparer friends who are looking for another reason not to work with Ohio :) (I live/work in Ohio, it's a wacky time). They instead use an alternative method separate from both of the mentioned methods.

User Stats

7,773
Posts
3,330
Votes
Basit Siddiqi
Pro Member
  • Accountant
  • New York, NY
3,330
Votes |
7,773
Posts
Basit Siddiqi
Pro Member
  • Accountant
  • New York, NY
Replied Jul 25 2024, 06:54

You will be able to apply bonus depreciation on your federal return(this matters the most as the tax rate here is higher). There will be an 'adjustment' at the state level if the state does not recognize bonus depreciation / section 179 expense.

Best of luck.