Decoupled conformity · New York

Does New York Conform to Federal §168(k) Bonus Depreciation? (2026)

By the DepreciMax Research Team  ·  Verified 2026-08-17  ·  Updated 2026-09-02
Direct answer

No. New York does not conform to federal §168(k) bonus depreciation. STR investors take the full federal Year-1 deduction but must add back the entire amount on the state return, recovering the state depreciation over the property's normal life (5, 15, or 27.5 years).

Conformity status
Decoupled
State add-back
100%
Top individual rate
10.90%
Verified as of
2026-08-17

Statute citation and primary source

Governing statute: N.Y. Tax Law §612(b)(8) (PIT addition A-209); §612(c)(15) (PIT subtraction S-213); Form IT-398

Primary source (New York DOR): https://www.tax.ny.gov/forms/n-notices/n-26-1.htm

Last material regulatory change: 2026 (FY 2026-27 budget): NY decoupled from OBBBA §168(n) qualified production property; §168(k) decoupling from 2003 unchanged.

Add-back mechanics for STR investors

New York has decoupled from §168(k) since 2003 for both individual and corporate purposes, with narrow exceptions for Resurgence Zone and Liberty Zone property. Individuals report add-back on Form IT-225 using code A-209 and take state depreciation on Form IT-398. On a $150,000 federal bonus deduction, a NY STR investor at 10.9% top rate loses ~$16,350 in Year-1 state savings. NYC adds another 3.876% top rate (via NYC-1127 / IT-201 city tax) — total effective loss ~$22,164 in NYC. The 2026-2027 NY budget also decoupled from OBBBA's §168(n) qualified production property provisions.

Worked example: $750K short-term rental

Assume a $750,000 STR with a 22% bonus-eligible % — a typical median for the DepreciMax 50-market Study — producing a $165,000 federal §168(k) Year-1 deduction.

The federal benefit is intact — but New York's decoupling means the state timing benefit is spread over decades instead of concentrated in Year 1. Whether that changes the deal economics depends on the investor's cost of capital and hold period.

What this means for your STR purchase decision

If you're comparing candidate short-term rentals in New York or considering an out-of-state purchase, the state's conformity status materially affects your Year-1 economics. New York's decoupling means the state timing benefit is deferred over decades — factor this into your cost-of-capital analysis, especially for shorter hold periods.

DepreciMax's state conformity tool lets you plug in a federal §168(k) deduction and see the full state impact for any of the 50 states plus DC — and our property search ranks active STR listings by their estimated Year-1 bonus depreciation potential.

Screen your New York STR candidates before you make an offer

DepreciMax analyzes any listing address and returns a first-year bonus depreciation estimate — factoring in New York's conformity status and top marginal rate.

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How this page is maintained

Every field on this page — conformity status, add-back percentage, top marginal rate, statute citation, primary-source URL — is pulled from the DepreciMax state conformity dataset (CC BY 4.0 licensed), which is verified against New York's Department of Revenue on a quarterly cadence. The verified-as-of date above reflects the last time this specific state was cross-checked against a primary source. If you spot an inaccuracy, email [email protected] and we'll re-verify within 48 hours.

Not tax advice. This page is educational research. Consult a qualified CPA before making tax-driven purchase decisions. Rates and rules change; verify against the primary source linked above before filing.