Tax Pros Find Clarity and Flexibility in Building Bonus Notice

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Tax Pros Find Clarity and Flexibility in Building Bonus Notice

March 03, 2026

United States
United States
United States
Tax Notes

Eversheds Sutherland attorneys Ellen McElroy and Michael Resnick are quoted in a Tax Notes article analyzing new IRS guidance on the building bonus depreciation deduction created under the One Big Beautiful Bill Act, following the release of Notice 2026‑16 previewing proposed regulations under section 168(n).

In the article, Ellen notes that the Notice provides important clarity but also introduces complexity that could require significant work for taxpayers seeking to claim the deduction, particularly for companies with large or multifaceted operations.

In addition, Mike notes that while the guidance is generally taxpayer‑favorable at the outset, it leaves open substantial audit risk and documentation burdens, especially for taxpayers operating in more innovative or sophisticated industries.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

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Key contacts

ellenmcelroy@eversheds-sutherland.com

Ellen McElroy

Partner

Washington, DC, United States

michaelresnick@eversheds-sutherland.com

Michael D. Resnick

Counsel

Washington, DC, United States

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