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Final reconciliation bill changes passthrough entity provisions

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The law includes a variety of provisions that will provide certainty to partnerships and the real estate industry going forward.


Final budget reconciliation legislation signed into law on July 4, 2025, makes several changes affecting pass-through entities, including clarifying disguised payments under IRC Section 707(a)(2) and reinstating and making permanent the earnings before interest, taxes, depreciation, and amortization (EBITDA) definition of business interest expense under IRC Section 163(j).

The law makes the qualified business deduction permanent at 20%. It also increases the deduction limit phase-in range from $50,000 to $75,000 (single filers) and $100,000 to $150,000 (married filing jointly filers). In addition, the law establishes a new minimum deduction of $400 (adjusted for inflation) for taxpayers with at least $1,000 of QBI from one or more active trades or businesses.

 

The law also permanently extends bonus depreciation, allowing taxpayers to claim 100% bonus depreciation for qualified property acquired and placed in service after January 19, 2025, as well as specified plants planted or grafted after that date. In addition, modifications to IRC Section 168(k)(10) give taxpayers the option to elect to claim 40% bonus depreciation (or 60% for longer production period property or certain aircraft) in lieu of 100% bonus depreciation for qualified property placed in service during the first tax year ending after January 19, 2025.

 

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Summary 

Final budget reconciliation legislation contains a number of provisions that will significantly impact partnerships and the real estate industry. Business owners and the real estate industry will benefit from the law’s addition of the ability to elect to take 100% depreciation on qualified production property, among other changes.

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