Code section · 2003
Jobs and Growth Tax Relief Reconciliation Act of 2003 (50% Bonus)
Pub. L. 108-27, Section 201 (May 28, 2003)
U.S. Congress
Audio summary
A short audio walkthrough of this rule: what it says and why it matters for your study.
What it holds
Raised the Section 168(k) bonus depreciation rate from 30% to 50% for qualified property with original use beginning after May 5, 2003, placed in service before January 1, 2005. The qualifying rules from the 2002 law otherwise remained the same.
Why it matters for your study: This law doubled the first-year bonus on cost segregation components from 30 cents to 50 cents on the dollar. It was the first increase to the bonus rate and showed that Congress intended to keep pushing the incentive higher.
Where this comes from
The 2002 law created bonus depreciation at 30% as an economic stimulus measure tied to the September 11 aftermath. By 2003, Congress wanted to push investment incentives further.
Section 201 of the Jobs and Growth Tax Relief Reconciliation Act raised the bonus rate from 30% to 50% for property placed in service in the qualifying window. This was a straightforward amendment to Section 168(k). The framework stayed the same; the number changed.
What it established
For qualified property with original use beginning after May 5, 2003, and placed in service before January 1, 2005, the bonus rate became 50%. That meant half of the asset's cost came off in year one. The remaining 50% then depreciated on the normal schedule.
For property placed in service between September 11, 2001, and May 5, 2003, the 30% rate from the 2002 law still applied. There were two rates in effect at the same time for a brief period, and the placed-in-service date determined which applied.
How it shows up in a study
A building placed in service between May 6, 2003, and December 31, 2004, with a cost segregation study that reclassified components to 5, 7, or 15-year property would have applied the 50% rate to those components.
The practical effect was significant. A study identifying $500,000 of short-life components generated $250,000 of bonus deductions in year one under this law, compared to $150,000 under the 30% rate. That difference translated directly to cash through lower tax payments.
For properties in that window, the study's benefit calculation should reflect the 50% rate, not the later 100% rate that applied starting in 2018.
What it does not mean
This law is superseded. The 50% rate was limited to property placed in service before January 1, 2005. After that, the bonus expired temporarily before coming back with new rules in 2008 under the Economic Stimulus Act.
The original-use requirement still applied. A cost segregation study on a used building in 2003 would not have qualified its reclassified components for the 50% bonus under this law. Later laws changed the original-use rule for certain property, but that change did not happen here.
Primary source
Read the official text for yourself, or share it with your advisor.
- Category
- Bonus depreciation & expensing
- Applies to
- All property types
- Status
- Vetted
This page explains a tax authority in plain words. It is not tax advice for your situation. The way this authority applies to your property is reviewed by a licensed tax professional. Citation is provided so you or your advisor can read the primary source.