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FREQUENTLY ASKED QUESTIONS

  • You purchase heavy equipment through your LLC, finance most of the cost, and deduct the full purchase price from your taxable income, either immediately or over several years, depending on which tax strategy you employ. The equipment is placed in a nationwide rental fleet, where it earns monthly rental income while you own it.

  • No. You own the equipment through an LLC (if you don’t have one, don’t worry, they’re very easy to set up), but between Taxcavators and the rental yard, we make it easy—storage, maintenance, and renting it out. So you don’t have to be in the construction business now. But you will be when you’re done!

  • Under IRC § 168(k), commonly known as bonus depreciation, you can deduct up to 100% of the purchase price of qualifying heavy construction equipment in the year you place it into service, rather than spreading those deductions over many years. In other situations, the Section 179 deduction (IRC § 179) may be more advantageous, allowing you to immediately expense qualifying equipment purchases up to annual limits ($1,250,000 for 2025). Both provisions were enacted to stimulate economic growth, encourage capital investment, support small- and mid-sized businesses, and incentivize companies to modernize equipment, increase productivity, and promote job creation.

    And here’s the part most people don’t realize: you don’t already need to be a business owner to take advantage of these benefits. Even W-2 employees can do this by forming a simple business entity and placing qualifying equipment into service. Whether bonus depreciation or Section 179 is the better strategy for your situation, you’re leveraging powerful government-backed incentives designed to reward those who invest in assets that help drive the economy forward.

  • Section 179 allows you to deduct the full cost of qualifying equipment up to $2,500,000 in 2025, with the cap indexed for inflation thereafter ($2,560,000 in 2026). The deduction phases out dollar-for-dollar once total qualifying purchases for the year exceed $4,000,000, disappearing entirely at $6,500,000. However, Section 179 cannot be used to create a net operating loss — the deduction is capped at the taxable income of the active trade or business taking it. That means in most cases you can't use a Section 179 deduction in business A (the one purchasing the equipment) to offset gains in business B or personal gains beyond what business A itself earns. As a result, Section 179 is best for pre-existing, active, and profitable businesses purchasing equipment.

    Bonus depreciation under IRC § 168(k), as restored by the One Big Beautiful Bill Act (signed July 4, 2025), is 100% in year one and permanent for qualifying property acquired and placed in service after January 19, 2025. Unlike Section 179, bonus depreciation can create a net operating loss, which can then flow through to offset income on the owner's personal return. That makes bonus depreciation the better option for someone setting up a new LLC for the purpose of participating in this program — the LLC typically has no offsetting income of its own in year one, so bonus depreciation is what allows the deduction to actually do useful work against other income. (Note: equipment acquired under a binding written contract dated before January 20, 2025 remains subject to the prior phase-down schedule and is not eligible for the restored 100%.)

    The two provisions can also be combined. When used together, Section 179 is applied first, and bonus depreciation picks up whatever remains. For most Taxcavators clients, who are typically not absorbing the deduction inside a separate profitable operating business, bonus depreciation alone gets the job done.

    In both cases, though, to offset active income with the deduction it has to be through an active business, meaning you have to meet one of the seven material participation tests. In most cases, the easiest way to meet that test is going to be spending at least 100 hours per year on the business operations and being the individual who spends more time on it than anyone else.

  • No. As long as the other qualifications are met, and your LLC purchases the equipment and it’s actively used for business (i.e., rented out), you can claim the deduction.

  • The IRS requires that the equipment be purchased and placed into service before December 31st to qualify for that year’s deduction.

  • No. In fact, it usually makes more sense not to. Most of our clients finance 80–90% of the purchase price, making a 10–20% down payment and spreading the rest over time.

  • Loan terms vary but typically involve low down payments and fixed monthly payments. We work with trusted lenders to find financing that fits your situation.

  • That depends on how much you buy! Before closing on your purchase, you will be given a pro forma that shows how much your loan payment will be and how much you should expect in rental income.

  • Rental rates fluctuate, but demand for heavy equipment is high. There are ways, through our program, to mitigate the risk that your specific equipment has a lower-than-ordinary rental rate, either because of ordinary demand, seasonal fluctuations, or down time due to maintenance or repairs.

  • The rental yard we contract with is the first line of defense in making sure your equipment is in good working order. But you are still very much involved and in the know. There is an interactive dashboard where you can see and participate in the management of your equipment.

  • This is all built in to the program. Once you’ve selected your equipment, but before you close on it, we will show you a pro forma that takes this into account..

  • The rental contracts are typically for five years. At the end of the five years, there is a balloon payment due on the loan, so we make arrangements to sell the equipment for you and get enough to pay off the balance of the loan (and then some, hopefully!).

  • Yes. When you sell equipment that you have fully depreciated, the sale price is subject to ordinary income tax. See IRC § 1245. This, though, can be offset through a qualifying new equipment purchase.

  • No. Nor do you want it to be. To get the best tax advantages of buying equipment, you will need to take an active role. The IRS has a material participation test that you have to meet to allow this to qualify as an active investment and therefore use this purchase to offset your income from other sources. It requires you to spend 100 hours per year in the business AND that no one else spend more time on it than you. IRC § 469.

  • The biggest appreciable risk is that your equipment doesn’t get rented. There are three reasons your equipment might not get rented:

    1. Temporary periods of low rental rate due to seasonality, maintenance, or repairs.

    2. The equipment gets destroyed and cannot be rented out; or

    3. Macro-economic downturns that slow the economy enough that equipment is not getting rented nationwide.

    We can mitigate the risk of the first by (1) purchasing equipment in different markets, so if you buy three pieces of equipment, they might be in South Carolina, Pennsylvania, and Arizona; and (2) pooling with other equipment purchasers and use a contract common among them all that spreads out the risk and makes measured, predictable payments possible.

    We mitigate the risk of the second by purchasing insurance. All equipment is insured, so if destroyed, it can be replaced.

    The third risk is one we can do little to mitigate. If you choose to participate in the program, you have to understand that macro-economic downturns could result in negative cash flow.

  • Yes. You do not need to already own a business to participate in this strategy. W-2 employees can take advantage of bonus depreciation and Section 179 by forming a simple business entity (such as an LLC) and placing qualifying heavy equipment into service through that business. Once the entity exists and begins operating—typically by leasing the equipment to a third party for commercial use—it can claim the same depreciation incentives available to full-time business owners.

    The IRS rules focus on whether the asset is used in an active trade or business, not on whether you have traditional business income from day one. By acquiring equipment, placing it into service, and generating business activity (such as rental revenue), you create a legitimate operating business capable of taking accelerated deductions.

    This is exactly why Congress enacted these provisions: to encourage Americans to invest in productive assets that stimulate economic activity, modernize equipment, support infrastructure, and create jobs. Whether you are a long-time entrepreneur or a first-time business owner transitioning from W-2 income, these incentives are designed to reward capital investment and participation in the broader economy.

    In short: you can participate as an employee—you simply need a business entity to own the equipment, place it into service, and properly document the activity.

  • Schedule a consultation with us (it’s free!—in fact you won’t pay for anything unless you decide to move forward with the program and purchase equipment). We’d be happy to run the numbers for you and create a projection to determine whether this program might be a good fit for you.

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