turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

Is there any requirement regarding equipment's location for applying Section 179 or Bonus Depreciation?

My LLC is purchasing a set of equipment from abroad and some of the equipment may stay in that foreign company for serving foreign clients. I would like to know whether my company can still apply Section 179 or Bonus Depreciation to write off the equipment that is going to stay in the foreign country. Thanks.

x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Best answer

Accepted Solutions

Is there any requirement regarding equipment's location for applying Section 179 or Bonus Depreciation?

Property that does not qualify for 179

Property used predominantly outside the United States, except property described in section 168(g)(4) of the Internal Revenue Code.

*

since you didn't describe the equipment or the foreign country here's IRC 168(g)(4)

*

A)any aircraft which is registered by the Administrator of the Federal Aviation Agency and which is operated to and from the United States or is operated under contract with the United States;

*
(B)rolling stock which is used within and without the United States and which is—
(i)of a rail carrier subject to part A of subtitle IV of title 49, or
(ii)of a United States person (other than a corporation described in clause (i)) but only if the rolling stock is not leased to one or more foreign persons for periods aggregating more than 12 months in any 24-month period;

*
(C)any vessel documented under the laws of the United States which is operated in the foreign or domestic commerce of the United States;

*
(D)any motor vehicle of a United States person (as defined in section 7701(a)(30)) which is operated to and from the United States;

*
(E)any container of a United States person which is used in the transportation of property to and from the United States;

*
(F)any property (other than a vessel or an aircraft) of a United States person which is used for the purpose of exploring for, developing, removing, or transporting resources from the outer Continental Shelf (within the meaning of section 2 of the Outer Continental Shelf Lands Act, as amended and supplemented; (43 U.S.C. 1331));

*
(G)any property which is owned by a domestic corporation or by a United States citizen (other than a citizen entitled to the benefits of section 931 or 933) and which is used predominantly in a possession of the United States by such a corporation or such a citizen, or by a corporation created or organized in, or under the law of, a possession of the United States;

*
(H)any communications satellite (as defined in section 103(3) of the Communications Satellite Act of 1962, 47 U.S.C. 702(3)), or any interest therein, of a United States person;
(I)any cable, or any interest therein, of a domestic corporation engaged in furnishing telephone service to which section 168(i)(10)(C) applies (or of a wholly owned domestic subsidiary of such a corporation), if such cable is part of a submarine cable system which constitutes part of a communication link exclusively between the United States and one or more foreign countries;

*
(J)any property (other than a vessel or an aircraft) of a United States person which is used in international or territorial waters within the northern portion of the Western Hemisphere for the purpose of exploring for, developing, removing, or transporting resources from ocean waters or deposits under such waters;

*
(K)any property described in section 48(l)(3)(A)(ix) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) which is owned by a United States person and which is used in international or territorial waters to generate energy for use in the United States; and

*
(L)any satellite (not described in subparagraph (H)) or other spacecraft (or any interest therein) held by a United States person if such satellite or other spacecraft was launched from within the United States.
For purposes of subparagraph (J), the term “northern portion of the Western Hemisphere” means the area lying west of the 30th meridian west of Greenwich, east of the international dateline, and north of the Equator, but not including any foreign country which is a country of South America.

*

IRC 168(k) bars bonus depreciation for any property that must use the ADS system of depreciation. such property includes

• Any tangible property used predominantly outside the United States during the tax year.

 

 

 

 

View solution in original post

2 Replies

Is there any requirement regarding equipment's location for applying Section 179 or Bonus Depreciation?

Ii have never seen any restrictions on foreign property ...  https://www.irs.gov/publications/p946

Is there any requirement regarding equipment's location for applying Section 179 or Bonus Depreciation?

Property that does not qualify for 179

Property used predominantly outside the United States, except property described in section 168(g)(4) of the Internal Revenue Code.

*

since you didn't describe the equipment or the foreign country here's IRC 168(g)(4)

*

A)any aircraft which is registered by the Administrator of the Federal Aviation Agency and which is operated to and from the United States or is operated under contract with the United States;

*
(B)rolling stock which is used within and without the United States and which is—
(i)of a rail carrier subject to part A of subtitle IV of title 49, or
(ii)of a United States person (other than a corporation described in clause (i)) but only if the rolling stock is not leased to one or more foreign persons for periods aggregating more than 12 months in any 24-month period;

*
(C)any vessel documented under the laws of the United States which is operated in the foreign or domestic commerce of the United States;

*
(D)any motor vehicle of a United States person (as defined in section 7701(a)(30)) which is operated to and from the United States;

*
(E)any container of a United States person which is used in the transportation of property to and from the United States;

*
(F)any property (other than a vessel or an aircraft) of a United States person which is used for the purpose of exploring for, developing, removing, or transporting resources from the outer Continental Shelf (within the meaning of section 2 of the Outer Continental Shelf Lands Act, as amended and supplemented; (43 U.S.C. 1331));

*
(G)any property which is owned by a domestic corporation or by a United States citizen (other than a citizen entitled to the benefits of section 931 or 933) and which is used predominantly in a possession of the United States by such a corporation or such a citizen, or by a corporation created or organized in, or under the law of, a possession of the United States;

*
(H)any communications satellite (as defined in section 103(3) of the Communications Satellite Act of 1962, 47 U.S.C. 702(3)), or any interest therein, of a United States person;
(I)any cable, or any interest therein, of a domestic corporation engaged in furnishing telephone service to which section 168(i)(10)(C) applies (or of a wholly owned domestic subsidiary of such a corporation), if such cable is part of a submarine cable system which constitutes part of a communication link exclusively between the United States and one or more foreign countries;

*
(J)any property (other than a vessel or an aircraft) of a United States person which is used in international or territorial waters within the northern portion of the Western Hemisphere for the purpose of exploring for, developing, removing, or transporting resources from ocean waters or deposits under such waters;

*
(K)any property described in section 48(l)(3)(A)(ix) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) which is owned by a United States person and which is used in international or territorial waters to generate energy for use in the United States; and

*
(L)any satellite (not described in subparagraph (H)) or other spacecraft (or any interest therein) held by a United States person if such satellite or other spacecraft was launched from within the United States.
For purposes of subparagraph (J), the term “northern portion of the Western Hemisphere” means the area lying west of the 30th meridian west of Greenwich, east of the international dateline, and north of the Equator, but not including any foreign country which is a country of South America.

*

IRC 168(k) bars bonus depreciation for any property that must use the ADS system of depreciation. such property includes

• Any tangible property used predominantly outside the United States during the tax year.

 

 

 

 

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question