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Bonus Depreciation: The PATH Act and Beyond

In addition to extending bonus depreciation and phasing out the bonus rate, the PATH Act made several changes to the types of eligible property
under Sec. 168(k)(2).

“Substantially Complete” Buildings Eligible for GO Zone Depreciation

In Stine, LLC, No. 2:13-cv-03224 (W.D. La. 1/27/15), a retailer’s store buildings were considered “placed in service” for federal tax depreciation purposes when they were “substantially complete” rather than when they subsequently were “open for business” resulting in the taxpayer’s being able to take an accelerated depreciation deduction for the buildings. This decision highlights the importance of properly identifying an asset’s placed-in-service date.