Bonus Depreciation vs De Minimis Safe Harbor and North Carolina Rules for Rental Property

Hi!   We have just purchased a new rental property under a 2 member LLC.   We have a number of expenses ranging from appliances, capital improvements to repairs.  I would say that a majority of those expenses will be less than $2,500 per item so I'm hoping we can use the de minimis safe harbor rule for some, but there will be a couple capital improvements that will obviously exceed that (i.e. renovation to a bathroom).   Our total expenditures will not exceed $25,000 this year.   (Side note:  we have rented the place and the renovation will be done while occupied so my understanding is that we will be able to expense some of the items that would have normally been considered capital improvements before renting.)  So, I could use some advice on:

 

1) What is the best way to handle these expenditures?  We had huge capital gains this year from stock we sold to pay for the property so having a large loss with the LLC would certainly be beneficial.   With that in mind, it seems to me what is most beneficial is:

    1. For Depreciable Assets like appliances and other improvements under $2,500:  use the de minimis safe harbor election.  Questionit looks like the maximum election allowed is the lesser of $10,000 or 2% of unadjusted basis of property – we bought the house for $169,050 (this excludes the land) so does that mean the most we can write off with the safe harbor election is $3,381?
    2. For Depreciable Assets not eligible for the safe harbor: take Bonus Depreciation (instead of Section 179) because Bonus Depreciation is not limited to taxable income and can create a loss (thus offsetting our capital gains).   So, we would use the Safe Harbor election up to its maximum and then write the rest off with Bonus Depreciation.
    3. Can anyone think of a reason that I would not want to use Bonus Depreciation instead of Section 179 or other options?

2)  North Carolina rules – it seems like Bonus Depreciation is the obvious way to go…. but there is the issue of the state taxes.  Apparently North Carolina did not follow the Federal rules with Section 179 or Bonus Depreciation.  (FROM NCDOR website “For tax years 2016 through 2020, individual taxpayers are required to add to federal adjusted gross income and corporate taxpayers are required to add to federal taxable income 85% of the amount allowed as bonus depreciation under section 168(k) or 168(n) of the Code for property placed in service during the tax year. )    From what I can tell It looks like this is still true for 2022 and that if we use the Bonus Depreciation we have to add 85% of that back to Taxable Income/Loss. Then, in the next 5 years we can deduct 20% of the bonus depreciation that was added back to the federal AGI... so at least there's a future deduction allowed.   This seems to be true with Section 179 as well but in that case it looks like you don’t have to add the 85% back until it exceeds $25,000 (not applicable in our case).    So using this example are my calculations correct?:

Federal Taxes

$2,000 rental income

(3,000) de minimis safe harbor expenses (based on 2% unadjusted basis – would love to deduct 10k but looks like we can only do $3,381?)

(4,000) other ordinary expenses

(5,000) net loss before depreciable assets

 

(15,000) Bonus depreciation for eligible depreciable assets like capital improvements, appliances, etc.

($20,000) LLC’s loss for Federal Tax purposes and which can be used to offset capital gains

 

North Carolina taxes:

$2,000 rental income

(3,000) de minimis safe harbor expenses

(4,000) other ordinary expenses

(5,000) net loss before depreciable assets

 

(15,000) Bonus depreciation for eligible depreciable assets like capital improvements, appliances, etc.

+$12,750  Add back 85% of Bonus Depreciation 

($7,250)  LLC’s loss for STATE Tax purposes and which can be used to offset capital gains

 

Are my assumptions/calculations correct?   And if that’s the case it seems to me that it’s better to use the safe harbor election, and expense as much as I can, instead of using Bonus Depreciation because I lose that benefit on my NC Tax return.   Are there other options I'm missing?

 

3)  How do I handle cross year capital improvements?   We are planning on remodeling the bathroom – if we pay for half of that in 2022 and the remaining half in 2023 can we use Bonus Depreciation each year for the amount paid that year?   If so.. there is the complicating factor that in 2023 bonus depreciation is reduced to 80% instead of 100%?

 

Thanks in advance!

Kathryn