Ohio · Post-OBBBA verified · Partial conformer

Ohio Bonus Depreciation Conformity 2026: STR Investor Guide

Verified 2026-08-18 · State DOR primary source cited · New 2.75% flat rate (HB 96)
Partial Conformity 5/6 (~83.3%) state add-back · 2.75% flat rate (new 1/1/2026 per HB 96) · Recovery over 5 years
Direct answer

Ohio is the third partial-conformer after Minnesota and North Carolina — Ohio's default rule adds back 5/6 (~83.3%) of federal §168(k) in Year 1 and subtracts 1/5 of the add-back in each of the next 5 years. Ohio moved to a flat 2.75% individual rate on January 1, 2026 per HB 96, which reduces the dollar impact of the add-back. On a $150,000 federal deduction, the Year-1 Ohio state miss is ~$3,437. For side-by-side context, the 50-state §168(k) conformity overview shows how Ohio stacks up against every other US jurisdiction.

Federal Y1 savings @ 37%
$55,500
Unaffected by Ohio
Ohio Y1 state savings
$687
At new 2.75% flat rate
Ohio Y1 state miss
-$3,437
Recovered ratably over 5 years

Modeled on a $150,000 federal §168(k) deduction with the default 5/6 add-back at Ohio's new 2.75% flat rate. Run your own numbers in the Conformity Tool →

Hocking Hills is the Ohio market in the DepreciMax Top 50

The DepreciMax 2026 STR Bonus Depreciation Study ranks 197 US STR markets by median bonus-eligible percentage. Hocking Hills, OH ranks #15 — the highest-scoring Ohio market, and one of the strongest cabin-STR markets in the Midwest. Hocking Hills combines very low land value ratios, heavy 15-year land-improvement content (hot tubs, decks, fire pits, pergolas, sauna outbuildings), and FF&E-heavy furnished rentals — all classic §168(k) accelerators.

The federal §168(k) math is exceptional. But the Ohio state layer requires a 5/6 add-back — which is why Ohio joins Minnesota (80% / 5-year) and North Carolina (85% / 5-year) as the only three partial-conformer states. The 5/6 mechanic is favorable relative to a full decoupler, because Year 1 allows a partial state deduction and full recovery arrives in 5 years instead of stretching over the property's MACRS life.

Ohio's three add-back variants — 5/6, 2/3, and 6/6

Ohio Rev. Code §5747.01(A)(20) provides a graduated add-back structure. Most individual STR investors fall under the default 5/6 rule, but two variants exist for specific taxpayer profiles:

Variant Add-back % When it applies Recovery schedule
Default (5/6) 83.3% All Ohio individual taxpayers claiming federal §168(k), unless one of the two variants below applies. 1/5 subtraction each year, years 2 through 6.
Growing-taxpayer (2/3) 66.7% Taxpayer's Ohio withholding tax remittances in the current year exceed prior year by at least 10%. Rarely applies to individual STR investors. 1/2 subtraction each year, years 2 and 3.
Federal-NOL (6/6) 100% Federal §168(k) deduction creates a federal net operating loss (NOL). Applies when bonus depreciation exceeds all other income sources at the federal level. 1/5 subtraction each year, years 2 through 6.
Which variant applies to you? Most individual STR investors with W-2 income sufficient to absorb the federal §168(k) deduction fall under the default 5/6 rule. STR investors whose bonus deduction exceeds all other income (and thus creates a federal NOL) fall under the 6/6 (100%) rule. The 2/3 growing-taxpayer variant is targeted at business taxpayers with expanding payrolls and rarely fits individual STR investors. Confirm with a licensed Ohio CPA.

Ohio HB 96 — the 2026 move to a flat 2.75% individual rate

Ohio HB 96 moved Ohio's individual income tax to a flat 2.75% rate effective January 1, 2026. Prior to 2026, Ohio's individual tax was a graduated schedule topping at 3.125%. The 5/6 add-back mechanic is unchanged, but the state tax rate applied to the added-back income is materially lower.

Practical effect for Hocking Hills investors placing property in service in 2026: the same $150,000 federal §168(k) deduction that would have produced ~$3,906 in Year-1 state miss at the pre-HB-96 3.125% top rate now produces ~$3,437 at the new 2.75% flat rate. Marginal difference, but a favorable one — and it means the pre-2026 vs post-2026 comparison in older CPA memos and cost-seg blog posts is stale.

Conformity statusPartial Conformity
Default add-back %83.3% (5/6)
Ohio flat rate2.75% (new 1/1/2026)
Recovery period5 years (1/5 per year)
Statutory basisOhio Rev. Code §5747.01(A)(20)
Verified2026-08-18
Statute / citation: Ohio Rev. Code §5747.01(A)(20) (5/6 add-back for individuals); §5733.40(A)(5) (PTE); 2/3 add-back for growing taxpayers, 6/6 for federal NOL scenarios
Primary source: https://tax.ohio.gov/help-center/faqs/pass-through-entities-fiduciaries-bonus-depreciation/pass-through-entities-fiduciaries-bonus-depreciation
Last regulatory change: 2026-01-01: Ohio HB 96 moved individual income tax to flat 2.75% (from 3.125% top rate in 2025).

How much the Ohio 5/6 add-back costs at three deduction sizes

Under the default 5/6 rule at Ohio's new 2.75% flat rate, the Year-1 state miss is 5/6 × federal deduction × 2.75%. Three example STR purchase scenarios in Hocking Hills:

Federal §168(k) deduction Federal Y1 savings (37%) OH Y1 state miss (5/6 × 2.75%) OH Y2-Y6 recovery (per year)
$50,000 (small cabin, ~$250K purchase) $18,500 -$1,146 +$229
$150,000 (mid Hocking Hills cabin, ~$700K) $55,500 -$3,437 +$687
$500,000 (luxury Hocking Hills compound, ~$1.7M) $185,000 -$11,458 +$2,292

The Year-1 miss is fully recovered by end of Year 6 via 1/5 subtractions on the Ohio return. Total 5-year state deduction equals the full federal §168(k) amount — the mechanic just delays the state timing. Run any purchase price through the Ohio Conformity Tool.

Ohio vs. the other two partial-conformer states

Only three US states are partial conformers to §168(k). All three use similar 5-year recovery schedules but with different Year-1 add-back percentages and different rate structures:

Ohio's HB 96 rate cut effective January 2026 puts Ohio in the strongest partial-conformer position for individual STR investors. Compare against sibling markets in the Conformity Tool.

What OBBBA changed for Ohio

OBBBA (P.L. 119-21, July 2025) restored 100% federal §168(k) permanently for property placed in service on or after January 19, 2025. Ohio's rolling IRC conformity picked up the federal §168(k) restoration — but the 5/6 add-back mechanic in §5747.01(A)(20) is a separate carve-out that continues to apply. So the federal bonus is fully available; the Ohio 5/6 add-back also fully applies.

The precedent for a state affirmatively excluding OBBBA is California's SB 711 (October 2025), which retained a full 100% decoupling — see the California conformity guide. Ohio did not follow California's lead. The 5/6 add-back rule is unchanged and continues to operate as it has since the mid-2000s.

Practical mechanics — filing Ohio IT 1040 with bonus depreciation

The Ohio depreciation workflow for a §168(k)-claiming individual STR investor under the default 5/6 rule:

  1. Claim federal §168(k) on federal Form 4562 as normal. This drives the federal Schedule E loss that offsets W-2 income under the STR loophole.
  2. On Ohio IT 1040, add back 5/6 of the federal §168(k) deduction as an addition to Ohio adjusted gross income.
  3. In each of the next 5 years (years 2 through 6), subtract 1/5 of the added-back amount from Ohio adjusted gross income.
  4. If the federal §168(k) deduction creates a federal NOL, use the 6/6 (100%) add-back variant instead. Confirm NOL status with a licensed CPA before filing.
  5. Ohio depreciation basis and federal depreciation basis are the same for disposition purposes under the 5/6 mechanic — no separate state basis to track (unlike full-decoupler states).

The bigger picture: §168(k) is one lever in a broader accelerated-depreciation strategy. See our accelerated depreciation explained guide for how MACRS, §168(k), and §179 stack for a real estate investor.

Related state conformity guides

Model Ohio at any deduction size

Free interactive tool — pick Ohio, adjust the federal deduction amount, see the 5/6 add-back and 5-year recovery schedule.

Open the Conformity Tool →

Analyze a Hocking Hills listing

DepreciMax's $99 property report — line-item finish classification with Ohio-specific state impact math including 5/6 mechanics.

Analyze a property →

Frequently asked questions

Does Ohio conform to federal §168(k) bonus depreciation in 2026?

Partially. Ohio is a partial conformer — the default add-back is 5/6 (~83.3%) of federal §168(k) in Year 1, with 1/5 subtracted in each of the next 5 years. A 2/3 variant applies for growing taxpayers and a 6/6 variant for federal NOL scenarios.

How does Ohio's 5/6 add-back rule work for STR investors?

On a $150,000 federal §168(k) deduction, an Ohio STR investor adds back $125,000 (5/6) to Ohio taxable income in Year 1 and allows $25,000 (1/6) as an Ohio bonus deduction. In each of the next 5 years, $25,000 is subtracted (1/5 of the add-back) — full recovery in 5 years.

How much does Ohio partial conformity cost a Hocking Hills STR investor?

On a $150,000 federal §168(k) deduction with Ohio's new 2.75% flat rate and default 5/6 add-back, the Year-1 state miss is ~$3,437. Federal savings of ~$55,500 at the 37% bracket are unaffected. Recovered at $687/year over 5 years.

What did Ohio HB 96 change for individual income tax?

HB 96 moved Ohio's individual income tax to a flat 2.75% rate effective January 1, 2026 (from a graduated schedule topping at 3.125%). The 5/6 add-back mechanic is unchanged, but the tax rate applied to the added-back income is lower.

What is Ohio's 2/3 add-back rule for growing taxpayers?

A 2/3 (~66.7%) add-back applies if the taxpayer's Ohio withholding tax remittances in the current year exceed the prior year by at least 10%. Most individual STR investors don't qualify — it targets business taxpayers with growing payrolls.

What is Ohio's 6/6 add-back rule for federal NOL scenarios?

If the federal §168(k) deduction creates a federal net operating loss, Ohio requires a full 6/6 (100%) add-back rather than the default 5/6. Applies to STR investors whose bonus depreciation exceeds their non-STR income at the federal level.

Compare all 50 states + DC

Every state's §168(k) position, in one place

Interactive map, sortable table, and deep-dive guide for each of the 51 jurisdictions — post-OBBBA verified.

See the 50-state map →
Not tax advice. This article summarizes publicly available Ohio Department of Taxation guidance and Ohio Revised Code as of 2026-08-18. It is not a substitute for advice from a licensed CPA or tax attorney. State conformity positions can change with each legislative session; verify against Ohio Rev. Code §5747.01(A)(20) and the current Ohio IT 1040 instructions before filing. DepreciMax provides bonus-depreciation intelligence tooling; we do not prepare tax returns.
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