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The so-called One Big Beautiful Bill Act (OBBBA), which was enacted on July 4, 2025, as P.L. 119-21, made a number of significant changes to the tax law. Among these was the expansion of rules governing the upfront expensing of certain depreciable property. While the changes are largely favorable to taxpayers, there are several potential traps for the unwary.
As background, in 2017, as part of the so-called Tax Cuts and Jobs Act, the Internal Revenue Code was amended to allow an upfront depreciation deduction (so-called “bonus depreciation”) for the cost of most depreciable property having a recovery period of 20 years or less.
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The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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