Made This Real Estate Tax Election Years Ago? It May Be Worth Another Look

Made This Real Estate Tax Election Years Ago? It May Be Worth Another Look

William ThompsonBusiness Member
Accountant · Williamstown, NJ · Member since 2025 · 342 posts · 182 votes

Here’s one I don’t hear many investors talking about.

If your real estate business previously elected out of the Section 163(j) business interest limitation, you may want to pull that old return back out.

Why?

Tax rules have changed, and the IRS is giving certain taxpayers a temporary opportunity to withdraw a prior real property trade or business election. For some investors, an election that made sense a few years ago may not make as much sense today.

And there’s a clock on this. For eligible taxpayers, the withdrawal generally needs to be handled by the earlier applicable deadline, with October 15, 2026 serving as the outside date under the current procedure.

This is why I tell investors all the time: tax elections should not go on autopilot.

What worked for your portfolio three years ago may not be the best strategy today.

Anyone here actually reviewing old tax elections when the law changes, or do most people just keep carrying them forward?

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  • Aaron WeikleBusiness Member
    Member since 2026 · 84 posts · 27 votes
    1mo

    Most investors set it and forget it, which is exactly how you end up locked into an election that's costing you money. Here's the core issue, when you elect out of 163(j) as a real property trade or business, you give up the ability to deduct business interest beyond the 30% of adjusted taxable income cap, but in exchange you have to use ADS depreciation of 30 years for residential rental property instead of 27.5-year MACRS. You also lose bonus depreciation on those assets. For a lot of operators, that tradeoff looked fine when interest rates were low and bonus depreciation was at 100%. Now rates are higher, interest expense is bigger, and bonus depreciation has phased down. The math shifts. The withdrawal procedure you are referencing comes from Rev. Proc. 2024-28. Which the October 15, 2026 deadline is real. You file an amended return (or administrative adjustment request for BBA partnerships) for the year of the original election, attaching a statement that you're withdrawing it. You can't just ignore the prior election going forward. Whether withdrawal actually helps depends on your debt load, what assets are on ADS vs. MACRS, and whether you have passive income to absorb the deductions anyway. Run the numbers both ways for the open tax years before touching anything. If you have a cost segregation study on properties that went onto ADS, talk to your CPA about whether those assets get reclassified and what happens to prior depreciation. That part gets complicated fast.

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