It's been a little over a month since the One, Big, Beautiful Bill Act
(OBBBA) was signed into law. Now that the dust has settled, construction
business owners and their leadership teams can begin to really pinpoint the
provisions most pertinent to their operations. Here are six to study up on.
1. Accounting exemption
For tax years beginning on or after July 4, 2025, contracts
entered into for residential construction projects, per the amended definition
under the OBBBA, generally qualify for an exception to the
percentage-of-completion method of accounting.
That means, if eligible, you can use the completed-contract
method (CCM) or other permissible methods. Under the CCM, for example, you can
defer income until a project is substantially completed, which generally
improves cash flow.
2. Accelerated depreciation
The OBBBA includes multiple provisions that will allow you to
accelerate depreciation on eligible capital expenditures. These breaks can also
improve cash flow, as well as make new investments in equipment and machinery
more viable.
The law makes permanent 100% first-year bonus depreciation for
qualified new and used assets acquired and placed in service after
January 19, 2025. It also increases the Section 179 expense deduction
limit to $2.5 million, with the phaseout threshold raised to
$4 million. Those figures are effective for 2025, with annual inflation
adjustments going forward.
In addition, the OBBBA creates a temporary 100% deduction for
the cost of building "qualified production property" — for instance, facilities
used to fabricate materials. This could boost demand for projects related to
manufacturing. Construction must have begun after January 19, 2025, and before
January 1, 2029, and the property must be placed in service before 2031.
3. Bigger business interest deductions
If you finance capital purchases, you may be able to deduct more
of the interest under the OBBBA. The business interest deduction is generally
limited to 30% of your adjusted tax income (ATI). Since 2022, though,
deductions for depreciation, amortization or depletion were not added back to
taxable income when calculating ATI. So, ATI was effectively measured based on
earnings before interest and taxes, not earnings before interest, taxes,
depreciation and amortization (EBITDA).
Beginning with the 2025 tax year, the OBBBA provides that ATI
will again include depreciation, amortization and depletion in the calculation.
In other words, ATI will revert to being calculated based on EBITDA. This will
effectively increase the ATI base, generally raising the allowable business
interest deduction.
4. Distressed community construction
incentives
The quality opportunity zone (QOZ) program generally allows
taxpayers to defer, reduce or exclude unrealized capital gains reinvested in
qualified opportunity funds (QOFs). These funds invest in designated distressed
communities across the country.
The OBBBA establishes a permanent QOZ policy that enhances the
original program, which had been slated to sunset after 2026. The law also
creates a new type of QOF for rural areas. Plus, the OBBBA permanently enhances
the low-income housing tax credit. In sum, these programs could drive higher
construction activity — including affordable housing and commercial
development.
5. Reduced taxation of overtime
For tax years 2025 through 2028, the OBBBA allows employees to
deduct up to $12,500 ($25,000 for joint filers) of qualified overtime pay. This
tax break is available regardless of whether a taxpayer itemizes. However, it
begins to phase out when an individual's modified adjusted gross income exceeds
$150,000 (or $300,000 for joint filers).
The boost to take-home pay may make overtime more enticing to
existing construction workers and job seekers considering the industry. But it
also requires employers to track and report the amount of qualified overtime
pay. What's more, overtime pay will remain subject to payroll taxes and state
income taxes.
6. Elimination of clean energy incentives
The OBBBA targets many of the clean energy incentives created or
enhanced by the Inflation Reduction Act — including some that have spurred
construction plans and projects. For instance, it eliminates the Sec. 179D
energy-efficient commercial building deduction for buildings or systems on
which construction begins after June 30, 2026.
The new law also eliminates the Sec. 45L new energy-efficient
home credit for eligible contractors. The credit was due to expire in 2033, but
it's now available only for homes acquired on or before June 30, 2026.
And that's not all
To be clear, the OBBBA provisions we've discussed are only some
of those that could affect your construction business. We can help you identify
the most relevant tax-law changes and leverage the tax breaks available to your
company.