#1 out of 5
business1d ago
IRS offers a rare tax do-over on key business interest limitation elections
- IRS issues Rev. Proc. 2026-17, allowing certain 163(j) elections to be withdrawn for 2022–2024.
- Eligible real property, farming, and regulated utility electors can revoke their section 163(j) elections for 2022–2024.
- Withdrawals are treated as if the election never occurred, with amended returns required for the year and any affected years.
- CFC group elections can be made or revoked without the 60-month limit for the first specified post-2024 period.
- The relief notes a shift in cost-benefit analysis due to OBBBA and 100% bonus depreciation.
- Taxpayers should model impacts across years to assess depreciation and ATI changes before withdrawing.
- The guidance allows late election under 168(k)(7) to opt out of bonus depreciation when withdrawing.
- The guidance includes an option for eligible BBA partnerships to file amended Form 1065 and issue amended K-1s.
- RSM notes the real estate industry was a primary focus of the relief.
- Taxpayers must coordinate with tax advisors to model depreciation and international changes.
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