As long as you meet the 3 qualifications listed, you can claim the Safe Harbor Election for small businesses. Just be careful with the last requirement, which is that the total amount paid during the taxable year for repairs, maintenance, improvements, or similar activities performed on such building property doesn't exceed the lesser of two percent of the unadjusted basis of the eligible building property; or $10,000 (for questions about how to calculate the unadjusted basis.
For more information refer to the following:
Publication 946
Tangible Property Regulations
