The Big Beautiful Bill’s Key Impacts on CRE
Is The Big Beautiful Bill a Game Changer for Commercial Real Estate?
The Bill is largely a continuation of the tax cuts that were passed in 2017, with several expansions. The largest impacts on CRE stem from 3 major categories, how commercial real estate is taxed, how it is traded, and what kinds of developments and projects are pursued.
Bonus Depreciation
The newest version of the bill brings back 100% bonus depreciation. This provision had been phasing out, with owners only able to deduct 40% in 2025. If an owner wanted to conduct a $1 million renovation to an apartment complex in 2025, they could only deduct $400,000. With bonus depreciation back we will see more improvements that incentivize better buildings and a higher quality of life for users of commercial real estate, and more flexibility for investors that use a value-add strategy. This is a cornerstone of the tax bill for the CRE world and remains intact in both the House and Senate versions.
Deductions
First, the new legislation looks to make the QBI deduction permanent. It’s an “above-the-line” deduction, meaning you can take it whether you itemize or take the standard deduction. The current level is 20%, effectively making 20% of the owners’ properties tax-free. This increases the return owners see on their investments, while also supporting the income of businesses that lease and utilize commercial real estate. It will naturally free up capital for new development, business expansion, new hiring and property upgrades. The House bill actually proposes expanding the deduction to 23%.
Second, an increase to the SALT deduction cap. The 2017 legislation capped this at $10,000, increasing the tax burden for many investors in the high-tax states. The new proposals increase this to $40,000, alleviating some of the pressure from the “double taxation” these investors are experiencing. This will free up capital for investors operating in the places that have been hardest hit by the pandemic, helping aid the rejuvenation of some of America’s most iconic cities and lowers the incentive for high-income residents to leave places like New York and Los Angeles. The Senate bill makes this cap increase temporary, but the House bill makes the increase permanent.
Third, eliminate and replace the Pease Limitation. By permanently repealing Pease, the bill ensures that high-income individuals continue to get the full value of their itemized deductions. If Pease were to return, a $100,000 charitable donation would suddenly have less tax-saving power. This lowers the incentive to utilize deductions that are in place as an effort to incentivize certain financial behavior. Both bills replace the policy with a simpler and less costly limit on deductions.
Opportunity Zones and Industrial Focus
The bill proposes to expand and make permanent the opportunity zones policy from the 2017 bill. The new bill introduces a Qualified Rural Opportunity Fund (QROF). Investors who put money into a QROF receive a 30% basis step-up on their deferred capital gains after just five years, which is triple the standard 10% step-up for a regular opportunity zone investment. The new legislation also allows developers in rural zones to access the tax benefits of renovations at a lower threshold, lowering the financial requirement to qualify from 100% of investment cost to just 50% in rural opportunity zones.
The bill also creates an entirely new category of assets called Qualified Production Properties. This provision states that when building a manufacturing plant or modern warehouse you can deduct the entire cost of the project immediately. This will incentivize industrial development and renovations that will help keep the United States as a leader in advanced manufacturing, creating more jobs in the industry and ensuring the manufacturing jobs that are in the U.S. are among the highest-paying and most productive in the world. This policy would do more to grow American manufacturing than any trade policy would.
Other Important Factors
1031 Exchange Rules
Preserving 1031 exchanges allows investors to shift strategies and transact freely in the marketplace. The missed economic activity from removing this provision would have massive implications for the government’s tax revenues.
Estate Taxes
This bill would raise the floor on the estate tax to $15 million. This promotes stability in ownership and allows them to continue investing in and improving their assets, rather than just preparing for a fire sale.
The Low-Income Housing Tax Credit
The proposal permanently increases the annual 9% Low-Income Housing Credit allocations to states and lowers the financing threshold for 4% credit deals. This makes it financially easier for developers to build affordable rental housing in any city across the country.
Spending Provisions
Beyond broad tax cuts, the bill’s spending provisions create highly targeted real estate impacts. The largest initiative dedicates nearly $47 billion to border security construction, fueling a concentrated real estate boom for industrial and rental properties in border states while having a negligible direct impact elsewhere.
The bill also invests $12.5 billion to modernize the nation’s FAA air traffic control systems. This upgrade boosts efficiency at major airports, directly increasing the value and long-term viability of the critical logistics properties.
Summary
Wrap up with the overarching benefits—enhanced returns, stronger planning security, and diversified investment areas—and suggest discussing strategies with tax professionals and using cost segregation studies to maximize these benefits.
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