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In summary
Understanding Income Tax Sections Deductions, Penalties & Compliance Rules
Section 179 of the United States Internal Revenue Code allows a business to expense the cost of qualifying property in the year it is placed in service, in place of depreciating it over several years. The One Big Beautiful Bill Act (OBBBA) of 2025 raised the limits and indexed them to inflation from 2026.
- Section 179 is a US federal tax provision and is outside India's Income-tax Act.
- The maximum deduction for tax years beginning in 2026 is Rs. 24,32,00,000.
- The deduction falls rupee for rupee once qualifying purchases exceed Rs. 38,85,50,000, and reaches zero at Rs. 63,17,50,000.
- Heavy SUVs weighing between 6,000 and 14,000 pounds are capped at Rs. 30,40,000.
- Vehicles and other listed property must be used more than 50% for business, and the deduction cannot exceed taxable business income.
- The election is made on IRS Form 4562, Part I, for the year the asset is placed in service.
Check the IRS limits for the tax year in which the asset is placed in service before you buy. Indian businesses should plan using Section 32 depreciation under Indian tax law.
What is Section 179?
Section 179 is a provision of the US Internal Revenue Code that lets a business deduct the cost of qualifying property in the year it is placed in service. The business elects the deduction on its tax return, up to an annual limit.
Without Section 179, the business recovers the cost through depreciation over the asset's recovery period, often 5 to 7 years for equipment. Section 179 brings the deduction forward to the first year, which lowers taxable income in that year.
Section 179 applies only to US federal income tax. Businesses taxed in India claim depreciation under Section 32 of the Income-tax Act, 1961, or the corresponding provision of the Income-tax Act, 2025 from 1 April 2026.
Which assets qualify for Section 179?
Qualifying property is tangible business property and certain software, bought for use in an active trade or business.
- Equipment and machinery: manufacturing equipment, tools and business machines
- Computers and software: computers, peripherals and off-the-shelf software
- Office furniture and fixtures: desks, shelving and similar items
- Vehicles: business vehicles, with special limits for heavy SUVs
- Non-residential building improvements: roofs, heating and air-conditioning systems, fire protection and security systems
Land and residential rental property do not qualify, and vehicles and other listed property used 50% or less for business are excluded. Only the business-use share of an asset's cost is eligible.
What are the Section 179 limits for 2026?
For tax years beginning in 2026, the IRS limits are higher than in 2025 because of inflation indexing under the OBBBA.
| Limit | 2025 | 2026 |
| Maximum deduction | Rs. 23,75,00,000 | Rs. 24,32,00,000 |
| Phase-out threshold | Rs. 38,00,00,000 | Rs. 38,85,50,000 |
| Heavy SUV limit | Rs. 29,73,500 | Rs. 30,40,000 |
Last updated: 19th October 2026
The limits change every year, so use the figures for the tax year in which you place the asset in service.
How does the phase-out work?
The maximum deduction falls by Rs. 1 for every Rs. 1 of qualifying purchases above the phase-out threshold.
Formula used: Maximum deduction = Rs. 24,32,00,000 − (total qualifying purchases − Rs. 38,85,50,000).
| Item | Amount |
| Qualifying property placed in service in 2026 | Rs. 39,90,00,000 |
| Phase-out threshold | Rs. 38,85,50,000 |
| Excess over the threshold | Rs. 1,04,50,000 |
| Maximum Section 179 deduction | Rs. 23,27,50,000 |
In this example, the business can expense up to Rs. 23,27,50,000 under Section 179. It depreciates the rest of the cost under the regular rules or claims bonus depreciation on it.
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How is Section 179 different from depreciation?
Section 179 gives the whole deduction in year one, while regular depreciation spreads it over the recovery period.
| Point | Section 179 | Regular depreciation (MACRS) | Bonus depreciation |
| Timing | Full deduction in the first year | Spread over the recovery period | Up to 100% in the first year |
| Annual cap | Rs. 24,32,00,000 in 2026 | None | None |
| Business income limit | Cannot exceed taxable business income | None | None |
| Election | Asset by asset, on Form 4562 | Default method | Applies by default, can opt out by class |
Under the OBBBA, 100% bonus depreciation applies to qualified property acquired and placed in service after 19 January 2025. Businesses often combine Section 179 and bonus depreciation to manage the first-year deduction.
What records should a business keep?
Keep the records that prove the cost, the service date and the business use of each asset:
- Purchase invoices and proof of payment
- The date each asset was placed in service
- Business-use logs, especially for vehicles and mixed-use assets
- The Section 179 calculation and the Form 4562 filed with the return
- Records of any amount carried forward because of the business income limit
How do Indian businesses claim depreciation?
Businesses taxed in India claim depreciation under Section 32 of the Income-tax Act, 1961 on a block of assets, using the written down value method. Section 179 gives them no deduction in India.
- Plant and machinery: depreciation at 15% a year on the written down value for most assets
- Computers and software: 40% a year on the written down value
- Assets used for less than 180 days in the year: half the normal rate in the first year
- New plant and machinery in manufacturing: additional depreciation of 20% under Section 32(1)(iia), subject to the section's conditions
From 1 April 2026, check the corresponding provision of the Income-tax Act, 2025 for the tax year in which you buy the asset.
Who does Section 179 apply to and what are the applicability conditions?
Section 179 applicability covers directors of private companies when tax dues cannot be recovered from the company, unless the director proves that non-recovery was not due to their gross neglect, misfeasance or breach of duty under Section 179(1) of the Income-tax Act, 1961.
| Condition | Applies When | Does Not Apply When |
|---|---|---|
| Director's tenure | The person was a director during the relevant previous year | The person was not a director during that year |
| Unrecovered tax | Tax dues cannot be recovered from the company | The dues are recoverable from the company |
| Director's conduct | The director cannot establish the statutory defence | The director proves non-recovery was not attributable to their gross neglect, misfeasance or breach of duty |
Example: How does Section 179 affect a company director?
Priya, 42, directed a Mumbai-based private company during FY 2020–21. The company has Rs. 12 lakh in unrecovered tax dues. Under Section 179 Income Tax Act director responsibility, Priya may face joint and several liability unless she establishes the statutory defence.
Directors seeking financing from Bajaj Finance should consider potential personal tax liabilities when assessing repayment capacity.
How can Bajaj Finance support your home-buying plans?
If you run a business and are planning to purchase a home, Bajaj Finance offers home loans to self-employed applicants aged 23 to 70 years. Lenders assess a self-employed applicant's income from income-tax returns, profit and loss statements and 6 months of bank statements.
Large first-year depreciation claims, whether under Section 179 in the US or Section 32 in India, lower the profit shown in these documents for that year. Before you apply, ask how your depreciation will be treated in the income assessment, and time major equipment purchases so that they do not strain the cash you need for the down payment.
Bajaj Finance offers home loans starting at 7.25% p.a.*, with loan amounts up to Rs. 15 crore* and repayment tenures of up to 32 years. Review the loan terms and check your home loan eligibility before applying.
Frequently Asked Questions
Eligibility and assets
Limits and filing
Is Section 179 part of India's Income-tax Act?
Section 179 is part of the US Internal Revenue Code and applies only to US federal income tax. Indian businesses claim depreciation on business assets under Section 32 of the Income-tax Act, 1961, or the corresponding provision of the 2025 Act from 1 April 2026.
Can a business deduct the full cost of any vehicle under Section 179?
The vehicle must be used more than 50% for business, and only the business-use share qualifies. Heavy SUVs between 6,000 and 14,000 pounds are capped at Rs. 30,40,000 for 2026, and passenger cars have lower annual depreciation limits.
Can equipment qualify for Section 179?
Yes. Machinery, tools, computers, office equipment and off-the-shelf software qualify when bought for business use and placed in service during the tax year. Keep the invoice and the service date for each item.
Are Section 179 limits the same every year?
The Section 179 phase-out threshold for the 2026 tax year is set at $4,090,000. This threshold represents the maximum total amount a business can spend on qualifying equipment before the deduction begins to reduce. For every dollar spent beyond this limit, the maximum allowed deduction reduces dollar-for-dollar, targeting the incentive toward small businesses.
What happens if the deduction is more than my business income?
The Section 179 deduction cannot exceed taxable income from active business. The unused amount carries forward to later years. Bonus depreciation has no business income limit, so businesses often use it for the balance.
Can Indian businesses use Section 179 to calculate depreciation?
Indian businesses use Section 32 of the Income-tax Act, 1961, which allows depreciation on the written-down value of each block of assets. For example, most plant and machinery is depreciated at 15% a year.
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