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Aviation & Yacht

§280F Listed Property — >50% Business Use Rules for Aircraft

Aircraft is 'listed property' — fall below 50% qualified business use and lose accelerated depreciation with recapture.

Overview

IRC §280F treats aircraft as listed property. Requires >50% QUALIFIED business use (charter revenue-generating + business travel by 5%+ owners with primary purpose test) each year. Fall below 50% and (1) revert to ADS straight-line, (2) RECAPTURE prior-year bonus/accelerated depreciation as ordinary income — potentially catastrophic. Bona fide flight logs are non-negotiable: date, purpose, passengers, business connection. Entertainment/commuting is disallowed. Coordinate with §274 substantiation.

Best fit
All business aircraft ownersAviation CPAsAircraft partnership members
Estimated impact
Prevent $500K–$3M in recapture events

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