New Jersey · Verified 2026-08-17

New Jersey bonus depreciation conformity for short-term rentals

Definitive 2026 breakdown of New Jersey's treatment of federal IRC §168(k) 100% bonus depreciation for short-term rental investors. Verified against primary state DOR sources and cross-referenced to the DepreciMax state conformity dataset.

Direct answer: New Jersey has decoupled from §168(k) for both CBT and Gross Income Tax since 2002 — STR investors lose Year-1 timing benefit at a top rate of 10.75%.

New Jersey's §168(k) status

New Jersey DOES NOT conform federal §168(k) bonus depreciation.
Conformity status
Decoupled
State add-back
100%
Top marginal rate
10.75%
Verified as of
2026-08-17
What this means for STR investors: New Jersey has decoupled from §168(k) since P.L. 2002 c.40. For Gross Income Tax (GIT) — the tax individual STR investors pay — federal bonus depreciation is disallowed and depreciation is recomputed under IRC as of the applicable statutory date. Reported on Form GIT-DEP. On a $150,000 federal bonus deduction, a NJ STR investor at the 10.75% top rate loses ~$16,125 in Year-1 state savings. NJ's high rate + full decoupling = one of the largest state timing hits nationally.

Year-1 impact on New Jersey STR investors — three scenarios

Scenario Federal §168(k) deduction Federal tax savings (32% bracket) Federal tax savings (37% bracket) New Jersey state timing loss
Small STR — $50,000 federal deduction $50,000 $16,000 $18,500 $5,375
Typical STR — $150,000 federal deduction $150,000 $48,000 $55,500 $16,125
Luxury/multi-property — $300,000 federal deduction $300,000 $96,000 $111,000 $32,250

"New Jersey state timing loss" = the Year-1 state tax savings foregone because of New Jersey's 100% add-back. Deductions recover over the property's normal MACRS depreciation life on the state return — this is a timing hit, not a permanent loss. The federal deduction is unaffected.

Source: N.J.S.A. §54:10A-4(k)(1), (k)(2)(F), (k)(12), (k)(13) (CBT decoupling); N.J.S.A. §54A:5-1.2 (GIT decoupling); P.L. 2002 c.40
Primary source URL: https://www.nj.gov/treasury/taxation/decouples2.shtml
Verified: 2026-08-17

New Jersey bonus depreciation — common questions

Does New Jersey conform to federal bonus depreciation for short-term rentals?

New Jersey does not conform federal §168(k) bonus depreciation. New Jersey has decoupled from §168(k) since P.L. 2002 c.40. For Gross Income Tax (GIT) — the tax individual STR investors pay — federal bonus depreciation is disallowed and depreciation is recomputed under IRC as of the applicable statutory date. Reported on Form GIT-DEP. On a $150,000 federal bonus deduction, a NJ STR investor at the 10.75% top rate loses ~$16,125 in Year-1 state savings. NJ's high rate + full decoupling = one of the largest state timing hits nationally.

How much state tax does a New Jersey STR investor lose in Year 1 because of non-conformity?

On a $150,000 federal §168(k) bonus depreciation deduction, a New Jersey STR investor at the 10.75% top marginal rate loses $16,125 in Year-1 state tax savings due to the 100% add-back. The federal savings of about $48,000-$55,500 (at 32%-37% brackets) are unaffected and remain the dominant portion of the Year-1 tax benefit.

Can New Jersey STR investors still benefit from §168(k) bonus depreciation?

Yes — federal §168(k) 100% bonus depreciation remains the largest single Year-1 tax benefit for STR investors, and it is unaffected by New Jersey's state-level decoupling. The federal deduction still offsets W-2 income when the §469(c)(2) STR loophole applies (average guest stays ≤ 7 days + material participation). The New Jersey add-back is a deferral, not a permanent loss — deductions recover over the property's normal MACRS life on the state return.