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State guide

Cost Segregation in Tennessee

Tennessee is one of the best states in the country for cost segregation because it has no individual income tax at all, so if you hold rental property in your own name (or a disregarded entity exempt from franchise and excise tax), 100% of your federal bonus depreciation savings arrive untouched by the state. The catch is Tennessee's entity-level franchise and excise (F&E) tax: LLCs and limited partnerships, not just corporations, owe a 6.5% excise tax on net earnings, and for that tax Tennessee refused to follow the One Big Beautiful Bill Act's permanent 100% bonus. Per Department of Revenue Notice #25-36 (December 2025), Tennessee stays coupled to the old TCJA phase-down, allowing only 40% bonus for assets placed in service in 2025, 20% in 2026, and 0% from 2027 on, with the disallowed federal bonus added back on Schedule J and recovered over regular MACRS lives. Section 179 conforms fully, including the new $2.5 million federal cap, and Tennessee honors federal MACRS lives, so a cost seg study's 5/7/15-year reclassifications still accelerate excise-tax deductions. Many family rental LLCs escape the F&E tax entirely through the FONCE exemption (95% family-owned, two-thirds of income from residential rentals of 4 or fewer units per location), which makes entity structuring the real Tennessee planning lever alongside the study itself.

1. What a cost segregation study does

A building normally depreciates over 27.5 years (residential) or 39 years (commercial). A cost segregation study breaks the purchase price apart and reclassifies components like flooring, cabinetry, dedicated electrical, and land improvements into 5, 7, and 15-year property, so a large slice of the basis depreciates on much shorter schedules.

On the federal return, that reclassified property also qualifies for bonus depreciation, which restores a 100% first-year write-off for qualifying property acquired and placed in service after January 19, 2025. States set their own rules, which is where Tennessee comes in.

2. Tennessee and federal bonus depreciation

There is no individual income tax in Tennessee, so bonus depreciation is irrelevant for personally held property. For the entity-level excise tax (6.5% on net earnings of LLCs, LPs, and corporations), the Tennessee Works Tax Act of 2023 (Public Chapter 377) coupled Tennessee to IRC 168(k) only as it existed under the TCJA, for assets purchased on or after Jan 1, 2023: 80% (2023), 60% (2024), 40% (2025), 20% (2026), 0% (2027 and after). TN DOR Notice #25-36 (Dec 2025) confirms Tennessee did NOT adopt the OBBBA's permanent 100% bonus: taxpayers must keep applying the TCJA phase-down percentages for excise tax, and the OBBBA's new 168(n) qualified production property 100% deduction is likewise not allowed. Assets purchased on or before Dec 31, 2022 get zero bonus for Tennessee purposes.

Per Notice #25-36: add back the excess federal bonus on Schedule J, Line 3 of the excise tax return (e.g., $50,000 asset placed in service Aug 2025 gets 100% federal bonus but only 40%/$20,000 for Tennessee; the $30,000 excess is added back), then recover the added-back basis over the asset's regular federal MACRS recovery life, deducting the corresponding depreciation on Schedule J, Line 16. Post-2023 adjustments ride the same Schedule J lines historically used for pre-2023 assets.

Worked example

A $1,000,000 building, with and without a study

Illustrative only. A residential rental purchased for $1,000,000 of building basis (land excluded), acquired and placed in service after January 19, 2025.

Building basis

$1,000,000

Reclassified to 5, 7, and 15-year property (25%)

$250,000

Federal first-year deduction at 100% bonus

$250,000

Year 1 on that $250,000 without a study (27.5-year straight line)

about $9,100

Tennessee allows only part of the federal bonus deduction. Per Notice #25-36: add back the excess federal bonus on Schedule J, Line 3 of the excise tax return (e.g., $50,000 asset placed in service Aug 2025 gets 100% federal bonus but only 40%/$20,000 for Tennessee; the $30,000 excess is added back), then recover the added-back basis over the asset's regular federal MACRS recovery life, deducting the corresponding depreciation on Schedule J, Line 16. Post-2023 adjustments ride the same Schedule J lines historically used for pre-2023 assets.

Model your own numbers with the tax strategy projector.

3. Section 179 in Tennessee

Per TN DOR guidance ET-3, IRC Section 179 expense is deducted for excise tax purposes to the same extent it was deducted on the corresponding federal return; Tennessee has never decoupled from 179 and imposes no separate state cap, so the OBBBA-increased federal limits (up to $2.5M expensing, $4M phase-out, indexed) flow through to the Tennessee excise tax.

4. Does it still help in Tennessee?

Yes. Tennessee fully follows federal MACRS classifications and recovery periods for excise tax, so reclassifying components into 5/7/15-year property still front-loads deductions on the Tennessee return, and those reclassified assets also get the partial TCJA-schedule bonus (40% if placed in service in 2025, 20% in 2026) with the disallowed remainder recovered over regular MACRS lives; investors holding property personally or in a FONCE-exempt entity feel no state drag at all.

  • •No individual income tax: the Hall tax (interest/dividends only, never rental income) was fully repealed effective Jan 1, 2021, so personally held rentals owe zero Tennessee income tax and get full federal bonus benefit with no state haircut.
  • •Tennessee taxes LLCs and LPs at the entity level: the franchise and excise tax (6.5% excise on net earnings plus franchise tax of $0.25 per $100 of net worth, $100 minimum) hits pass-throughs that are exempt in almost every other state, so the bonus-conformity question lands on investor LLCs, not just corporations.
  • •TN DOR Notice #25-36 (Dec 2025) confirms Tennessee stays on the TCJA phase-down despite OBBBA: 40% bonus for 2025 placements, 20% for 2026, 0% for 2027+, unless the legislature acts; excess federal bonus is added back on Schedule J Line 3 and recovered via regular MACRS on Line 16.
  • •Assets purchased on or before Dec 31, 2022 get no Tennessee bonus at all; the 2023 Tennessee Works Tax Act coupling applies only to purchases on or after Jan 1, 2023.
  • •The OBBBA's new IRC 168(n) 100% write-off for qualified production property is NOT allowed for Tennessee excise tax; such property must be depreciated as 39-year nonresidential real property with Schedule J adjustments.
  • •FONCE exemption: family-owned non-corporate entities (at least 95% family-owned LLC/LP/LLP) with at least 66.67% of income from passive investment or residential rental (4 or fewer units per location) are fully exempt from F&E tax; commercial and industrial rentals have not qualified since the 2009 law change, and the exemption must be claimed annually.
  • •Tennessee Works Tax Act also added a $50,000 standard excise-tax deduction against net earnings, and 2024 legislation repealed the alternative property measure of the franchise tax (now net-worth only), both softening the F&E bite on small rental entities.

5. The exit: recapture and timing

The accelerated deductions come back into view when you sell. Gain attributable to the 5, 7, and 15-year property is Section 1245 recapture, taxed at ordinary rates, and the straight-line depreciation on the building itself is unrecaptured Section 1250 gain, taxed at up to 25%. A study does not create that bill, it moves deductions forward, but the timing of the sale decides how much of the benefit you keep.

Two levers manage the exit. A 1031 exchange defers both flavors of recapture along with the rest of the gain, and simply holding the property lets the time value of the early deductions do its work; most owners want a 3 to 5 year horizon before a taxable sale for the math to stay comfortably positive. Model the exit before you commission the study, not after.

The number that decides it

Partial

of federal bonus allowed up front; see the addback schedule

IRC 168(k); Tennessee conformity, reviewed Oct 2026

Before you model Tennessee

  • Closing statement on hand
  • Land vs building allocation
  • Depreciation schedule from your preparer
  • Placed-in-service and acquisition dates
  • Prior Section 179 or bonus claimed

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State questions

Cost segregation in Tennessee, answered

Does Tennessee allow federal bonus depreciation?+

There is no individual income tax in Tennessee, so bonus depreciation is irrelevant for personally held property. For the entity-level excise tax (6.5% on net earnings of LLCs, LPs, and corporations), the Tennessee Works Tax Act of 2023 (Public Chapter 377) coupled Tennessee to IRC 168(k) only as it existed under the TCJA, for assets purchased on or after Jan 1, 2023: 80% (2023), 60% (2024), 40% (2025), 20% (2026), 0% (2027 and after). TN DOR Notice #25-36 (Dec 2025) confirms Tennessee did NOT adopt the OBBBA's permanent 100% bonus: taxpayers must keep applying the TCJA phase-down percentages for excise tax, and the OBBBA's new 168(n) qualified production property 100% deduction is likewise not allowed. Assets purchased on or before Dec 31, 2022 get zero bonus for Tennessee purposes.

Does cost segregation still work in Tennessee?+

Yes. Tennessee fully follows federal MACRS classifications and recovery periods for excise tax, so reclassifying components into 5/7/15-year property still front-loads deductions on the Tennessee return, and those reclassified assets also get the partial TCJA-schedule bonus (40% if placed in service in 2025, 20% in 2026) with the disallowed remainder recovered over regular MACRS lives; investors holding property personally or in a FONCE-exempt entity feel no state drag at all.

What is Tennessee's Section 179 cap?+

. Per TN DOR guidance ET-3, IRC Section 179 expense is deducted for excise tax purposes to the same extent it was deducted on the corresponding federal return; Tennessee has never decoupled from 179 and imposes no separate state cap, so the OBBBA-increased federal limits (up to $2.5M expensing, $4M phase-out, indexed) flow through to the Tennessee excise tax.

How does Tennessee conform to federal depreciation rules?+

Tennessee's conformity style is selective (excise tax base starts from federal taxable income on a rolling basis, but Tenn. Code Ann. 67-4-2006(a)(12) statutorily pins IRC 168(k) bonus depreciation to the TCJA-era phase-down schedule, so Tennessee does not pick up the OBBBA's permanent 100% bonus). Tennessee is one of the best states in the country for cost segregation because it has no individual income tax at all, so if you hold rental property in your own name (or a disregarded entity exempt from franchise and excise tax), 100% of your federal bonus depreciation savings arrive untouched by the state. The catch is Tennessee's entity-level franchise and excise (F&E) tax: LLCs and limited partnerships, not just corporations, owe a 6.5% excise tax on net earnings, and for that tax Tennessee refused to follow the One Big Beautiful Bill Act's permanent 100% bonus. Per Department of Revenue Notice #25-36 (December 2025), Tennessee stays coupled to the old TCJA phase-down, allowing only 40% bonus for assets placed in service in 2025, 20% in 2026, and 0% from 2027 on, with the disallowed federal bonus added back on Schedule J and recovered over regular MACRS lives. Section 179 conforms fully, including the new $2.5 million federal cap, and Tennessee honors federal MACRS lives, so a cost seg study's 5/7/15-year reclassifications still accelerate excise-tax deductions. Many family rental LLCs escape the F&E tax entirely through the FONCE exemption (95% family-owned, two-thirds of income from residential rentals of 4 or fewer units per location), which makes entity structuring the real Tennessee planning lever alongside the study itself.

Do I have to add back bonus depreciation on a Tennessee return?+

Per Notice #25-36: add back the excess federal bonus on Schedule J, Line 3 of the excise tax return (e.g., $50,000 asset placed in service Aug 2025 gets 100% federal bonus but only 40%/$20,000 for Tennessee; the $30,000 excess is added back), then recover the added-back basis over the asset's regular federal MACRS recovery life, deducting the corresponding depreciation on Schedule J, Line 16. Post-2023 adjustments ride the same Schedule J lines historically used for pre-2023 assets.

What should property owners know about depreciation in Tennessee?+

No individual income tax: the Hall tax (interest/dividends only, never rental income) was fully repealed effective Jan 1, 2021, so personally held rentals owe zero Tennessee income tax and get full federal bonus benefit with no state haircut. Tennessee taxes LLCs and LPs at the entity level: the franchise and excise tax (6.5% excise on net earnings plus franchise tax of $0.25 per $100 of net worth, $100 minimum) hits pass-throughs that are exempt in almost every other state, so the bonus-conformity question lands on investor LLCs, not just corporations. TN DOR Notice #25-36 (Dec 2025) confirms Tennessee stays on the TCJA phase-down despite OBBBA: 40% bonus for 2025 placements, 20% for 2026, 0% for 2027+, unless the legislature acts; excess federal bonus is added back on Schedule J Line 3 and recovered via regular MACRS on Line 16. Assets purchased on or before Dec 31, 2022 get no Tennessee bonus at all; the 2023 Tennessee Works Tax Act coupling applies only to purchases on or after Jan 1, 2023. The OBBBA's new IRC 168(n) 100% write-off for qualified production property is NOT allowed for Tennessee excise tax; such property must be depreciated as 39-year nonresidential real property with Schedule J adjustments. FONCE exemption: family-owned non-corporate entities (at least 95% family-owned LLC/LP/LLP) with at least 66.67% of income from passive investment or residential rental (4 or fewer units per location) are fully exempt from F&E tax; commercial and industrial rentals have not qualified since the 2009 law change, and the exemption must be claimed annually. Tennessee Works Tax Act also added a $50,000 standard excise-tax deduction against net earnings, and 2024 legislation repealed the alternative property measure of the franchise tax (now net-worth only), both softening the F&E bite on small rental entities.

Sources

  • https://www.tn.gov/content/dam/tn/revenue/documents/notices/fae/25-36fe.pdf
  • https://www.tn.gov/content/dam/tn/revenue/documents/notices/fae/23-07fe.pdf
  • https://revenue.support.tn.gov/hc/en-us/articles/360058272571-ET-3-Federal-Section-179-Depreciation-is-Deducted-for-Excise-Tax
  • https://revenue.support.tn.gov/hc/en-us/articles/360057792852-ET-2-Federal-Bonus-Depreciation-may-be-Deducted-for-Excise-Tax
  • https://www.tn.gov/content/dam/tn/revenue/documents/taxpayer_education/tax-workshop/FONCE%20February%202026.pdf
  • https://www.tn.gov/revenue/taxes/hall-income-tax.html
  • https://www.cbiz.com/insights/article/tennessee-and-conformity-with-federal-depreciation-rules
  • https://www.bdo.com/insights/tax/tennessee-works-tax-act-includes-multiple-tax-law-changes
  • https://www.cohnreznick.com/insights/tennessee-works-act-signed-into-law
  • https://pro.bloombergtax.com/insights/federal-tax/state-conformity-to-federal-bonus-depreciation/

Cost segregation in other states

Alabama/Alaska/Arizona/Arkansas/California/All state guides

Terms behind this guide

Cost segregation/Bonus depreciation/MACRS/Depreciation recapture

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