Section 179 property is any tangible business asset — plus off-the-shelf software and a short list of nonresidential building improvements — that qualifies for immediate expensing under federal tax law. Instead of depreciating the cost over years, you deduct the full purchase price in the year the asset is placed in service, so long as you bought it for use in an active trade or business and you use it more than half the time for that business. For 2026, the maximum you can expense is $2,560,000.
What Qualifies as Section 179 Property
The statute defines Section 179 property as tangible property that falls under the standard depreciation rules and qualifies as Section 1245 property. In plain terms, that means physical business assets other than buildings and their structural components. Machinery, manufacturing equipment, office furniture, and computers are the textbook examples.1Office of the Law Revision Counsel. 26 USC 179 – Election to Expense Certain Depreciable Business Assets
Off-the-shelf computer software also qualifies even though software is intangible. It has to be commercially available to the general public and sold in substantially unmodified form. Custom software written exclusively for your business does not count.
Two acquisition rules quietly disqualify a lot of purchases. The property must be acquired by genuine purchase, so leased equipment is out. And the seller cannot be a related party. The IRS applies the related-party rules from Section 267 and Section 707(b), which reach spouses, parents, children, siblings, and commonly controlled businesses.1Office of the Law Revision Counsel. 26 USC 179 – Election to Expense Certain Depreciable Business Assets
Building Improvements That Qualify
Section 179 originally covered only movable equipment. The Tax Cuts and Jobs Act pulled in certain improvements to nonresidential real property, and only four categories qualify:2Internal Revenue Service. Tax Cuts and Jobs Act – A Comparison for Businesses
- Roofs installed or replaced on an existing commercial building
- Heating, ventilation, and air-conditioning equipment in a nonresidential structure
- Fire protection and alarm systems, including sprinklers and smoke detectors
- Security systems, including surveillance, access control, and intrusion alarms
Two conditions apply to all of them. The improvement has to be made to a building already in service, so work done during original construction does not count. And the building must be nonresidential, which excludes rental apartments and other residential property.1Office of the Law Revision Counsel. 26 USC 179 – Election to Expense Certain Depreciable Business Assets
Qualified improvement property described in Section 168(e)(6) also qualifies. That covers interior improvements to nonresidential buildings such as interior walls, ceilings, flooring, and lighting. It excludes enlargements, elevators, escalators, and any change to the building’s internal structural framework.
What Does Not Qualify
The IRS instructions for Form 4562 list several categories that never qualify, even when the asset looks like ordinary business equipment:3Internal Revenue Service. Instructions for Form 4562 (2025)
- Property held to produce investment income rather than used in a trade or business
- Property used mainly outside the United States, with narrow exceptions
- Property used by tax-exempt organizations, unless it’s used primarily in a taxable unrelated business activity
- Property used by governmental units or foreign persons, with a limited exception for short-term leases under six months
Trusts and estates cannot claim the Section 179 deduction at all. Land and buildings themselves never qualify — only the specific improvements to existing nonresidential buildings described above. Property you inherit or receive as a gift also fails, because it wasn’t acquired by purchase.
2026 Dollar Limits and Phase-Out
The One Big Beautiful Bill Act, signed on July 4, 2025, permanently raised the Section 179 ceiling. The statutory base amounts are now $2,500,000 for the maximum deduction and $4,000,000 for the phase-out threshold, both indexed to inflation starting in 2026.1Office of the Law Revision Counsel. 26 USC 179 – Election to Expense Certain Depreciable Business Assets
For tax years beginning in 2026, the inflation-adjusted numbers are:
- Maximum deduction: $2,560,000
- Phase-out threshold: $4,090,000
- Complete elimination: $6,650,000
The phase-out is dollar-for-dollar. If your total Section 179 property placed in service during 2026 exceeds $4,090,000, your maximum deduction shrinks by one dollar for every dollar over that threshold. Once total qualifying purchases hit $6,650,000, the deduction disappears entirely.4Internal Revenue Service. Revenue Procedure 2025-32
If you operate through a partnership or S corporation, the dollar limit applies at both the entity level and again at your individual level. Your share of Section 179 expenses passed through from the entity gets combined with any Section 179 deductions you claim independently, and the combined total still cannot exceed $2,560,000.5eCFR. 26 CFR 1.179-2 – Limitations on Amount Subject to Section 179 Election
Business-Use and Income Rules
The property has to be used for business more than 50% of the time. If business use is exactly 50% or less, the asset does not qualify for Section 179 at all and must be depreciated using the straight-line method under the alternative depreciation system. There is no proportional deduction at the 50% line.
When business use is above 50% but below 100%, your Section 179 deduction is limited to the business-use percentage of the property’s cost. A $50,000 piece of equipment used 70% for business generates a maximum Section 179 deduction of $35,000.
A taxable income cap sits on top of the dollar limit. Your total Section 179 deduction for the year cannot exceed the combined taxable income from all trades or businesses you actively conduct. For individuals, that figure includes wages and salary in addition to self-employment income.3Internal Revenue Service. Instructions for Form 4562 (2025) Any amount you cannot deduct because of the income limitation carries forward to future tax years indefinitely, so the deduction is delayed rather than lost.
Special Caps for Vehicles
Vehicles have their own rules, layered on top of everything else. The IRS uses gross vehicle weight rating (GVWR) to sort them into three tiers:
- Under 6,000 pounds (most cars and light trucks): subject to the luxury automobile depreciation limits. For 2026, the first-year cap is $20,300 with bonus depreciation or $12,300 without, and any Section 179 amount counts inside that cap.
- 6,000 to 14,000 pounds (heavy SUVs and large trucks): Section 179 deduction is capped at $32,000 for 2026. The remaining cost can be recovered through bonus or regular depreciation.4Internal Revenue Service. Revenue Procedure 2025-32
- Over 14,000 pounds: no special vehicle cap. These are subject only to the overall $2,560,000 Section 179 ceiling, so the full cost can potentially be expensed.
Some vehicles escape the heavy-SUV cap regardless of weight because they’re built for work rather than passengers. Delivery vans with a fully enclosed cargo area at least six feet long that isn’t accessible from the passenger compartment, vehicles seating more than nine passengers behind the driver, and vehicles with no seating behind the driver and a fully enclosed cargo area all sit outside the SUV limitation. The GVWR is printed on a label inside the driver’s-side door jamb.
Vehicles also fall into the IRS category of “listed property,” which triggers stricter recordkeeping. To claim any Section 179 deduction on a vehicle, you need contemporaneous records showing the amount, business purpose, date, and extent of business use for each trip.6Internal Revenue Service. Publication 946 – Additional Rules for Listed Property Business-use percentage equals business miles divided by total miles for the year. Reconstructing a year of mileage from memory at tax time does not meet the standard, and thin recordkeeping is the most common reason these deductions fail on audit.
What Happens If Business Use Drops
If you claim a Section 179 deduction and later drop business use of that asset to 50% or below, the IRS claws back part of the tax benefit. The recaptured amount is the difference between the Section 179 deduction you originally claimed and the depreciation you would have been allowed under the alternative depreciation system from the year the property was placed in service through the current year.7Internal Revenue Service. 2025 Instructions for Form 4797 – Sales of Business Property
You report the recapture on Form 4797, Part IV, in the year business use first falls to 50% or below, and the amount flows through as ordinary income on the same form where you originally took the deduction, such as Schedule C for a sole proprietor. Going forward, the property must be depreciated using the straight-line method for its remaining recovery period.
Vehicles are the most common recapture trigger. You buy a truck, expense it under Section 179, and a couple of years later shift to using it mainly for personal driving. That change generates a recapture event in the year the use flips, and the tax bill can be significant.