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Posted

Here is question to the tax experts on this forum:
According to the Tax Cuts and Jobs Act (TCJA) of 2017 a buyer of a used aircraft is entitled for a bonus depreciation for 2024.
If a taxpayer signs a contract to buy an used aircraft in 2023, 80% bonus depreciation is applied when the aircraft is delivered and placed in service in 2023.
The seller being from Europe we have the following situation:
1.) The aircraft is located in Europe.
2.) A binding sales contract exists and a down payment to an Escrow has been placed by the buyer.
3.) It is agreed that the aircraft has to be delivered to the US within the year 2023.
4.) Due to a lately discovered technical defienciency, lack of parts supply and weather constraints a delivery becomes unlikely within this year.

Is there any way to secure the bonus depreciation, i.e. if the buyer accepts the delivery in Europe and the aircraft is flown to the US in the beginning of 2024?
Any advise/hint is highly appreciated

Posted

This by no means is an official answer,  you must

have the plane under your ownership looks like you merely have a contract

must be income producing 

placed in service in the year

looks like it not placed in service in 2023 producing income in 2023 

the bonus depreciation phases to 60% in 2024, so all isn’t lost, or take delivery of it in 2023 

all above is merely a guess not professional advice, unless of course you’d like to hire us I can send an engagement contract, poor attempt at humor 

D

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