Tax Pros Find Clarity and Flexibility in Building Bonus Notice

Modern building interior with glass roof Modern building interior with glass roof

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.

Services

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

Latest Insights

Latest News

Latest Events

Resilient Cities and Built Environment

legal updates

November 13, 2026

COP31: Leaders’ Summit | Resilient Cities and Built Environment 

zero waste new pic

legal updates

November 12, 2026

COP31: Leaders’ Summit | Zero Waste - The business case for zero waste

EV charging COP31

legal updates

November 11, 2026

atrium glass roof interior modern architecture indoor trees sustainability

legal updates

November 11, 2026

© Eversheds Sutherland 2026. All rights reserved. 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.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed or affiliated firms and the members of Eversheds Sutherland (Europe) Limited and Eversheds Sutherland (Africa) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global entity. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client. For further information about these Eversheds Sutherland Entities and Eversheds Sutherlands’ structure please see the Legal Notices page of this website. For information on Konexo please also see the Legal Notices page of this website.