California Bonus Depreciation: Non-Conformity Rules + Cost Seg Impact.
California has never conformed to federal §168(k) bonus depreciation — not under TCJA, not under OBBBA. Here's the dollar impact on a $750K CA rental, how your CPA files Form FTB 3885A, and why cost segregation still pays.
Reviewed by Cost Seg Smart Editorial Team · Last reviewed: · Cites R&TC §17024.5, FTB Form 3885A
Federal vs California — Side by Side
For the same cost-segregation-reclassified component placed in service in 2025:
| Tax provision | Federal (IRC) | California (R&TC) |
|---|---|---|
| Bonus depreciation under §168(k) | 100% (permanent, OBBBA 2025+) | 0% — non-conforming, R&TC §17024.5 |
| MACRS asset class lives | 5 / 7 / 15 / 27.5 / 39 yr per Rev. Proc. 87-56 | Conforms to federal asset lives (Cal. Code Regs. tit. 18, §24349(l)) |
| §179 immediate expensing cap (2025) | $1,220,000 | $25,000 — capped, phase-out starts $200,000 |
| ADS recovery period for real estate | 30 yr for electing RPTOB | Did not conform to TCJA reduction |
| Form for taxpayer to file | Form 4562 (individual), Form 4562 (corp) | Form FTB 3885A (individual), Form FTB 3885 (corp) |
| How adjustment flows to return | Schedule E (rental), Schedule C (active business) | Schedule CA (540), Part I, Section B — depreciation addition Year 1, subtractions years 2-16 |
Sources: R&TC §17024.5, R&TC §24355, FTB Form 3885A (2024), FTB Pub 1001 (2024).
How CA non-conformity affects your cost segregation study
The study itself doesn't change. The same engineering-based reclassification — RSMeans 2024 cost data, MACRS classification per Rev. Proc. 87-56, IRS Pub 5653 ATG-aligned documentation — produces the same component schedule whether the property sits in California, Texas, or Nevada. What changes is how the schedule is applied to two parallel depreciation books: a federal book that uses 100% bonus on the reclassified components, and a California book that uses standard MACRS recovery without bonus.
Your CPA receives the same Cost Seg Smart engineered report, the same Form 4562-ready schedule, and the same Form 3115 §481(a) section if this is a lookback study. They then run the components through two depreciation calculations:
- Federal book: 100% bonus on 5/7/15-year components in Year 1 + half-year-convention MACRS on the 27.5-year residential (or 39-year commercial) remainder.
- California book: standard MACRS depreciation on each component using its asset class — no bonus, no immediate expensing beyond the $25K §179 cap.
The federal-CA depreciation delta in Year 1 is what gets reported on Schedule CA (540), Part I, Section B as an income addition. In subsequent years, as the California schedule recovers basis, those amounts become subtraction adjustments. The total lifetime depreciation is the same on both books — California just recovers it over 5–15 years instead of all in Year 1.
Real numbers: $750K California rental, federal vs CA
A worked example using the Cost Seg Smart 412-study benchmark median (SFR reclass 18.3%) and 100% federal bonus depreciation:
| Line item | Federal | California |
|---|---|---|
| Purchase price | $750,000 | $750,000 |
| Land allocation (20%) | $150,000 | $150,000 |
| Depreciable basis | $600,000 | $600,000 |
| Reclassified to 5/7/15-yr (18.3% SFR benchmark) | $109,800 | $109,800 |
| Year-1 deduction on reclassified components | $109,800 (100% bonus) | ~$12,500 (MACRS, blended half-year) |
| Year-1 deduction on remaining 27.5-yr basis | ~$8,909 | ~$8,909 |
| Total Year-1 deduction | $118,709 | ~$21,409 |
| Marginal tax rate | 37% | 9.3% |
| Year-1 tax savings | $43,922 | ~$1,991 |
| Cost Seg Smart study cost | $995 (residential under $1M basis) | |
| Combined Year-1 tax savings (federal + CA) | $45,913 | |
| ROI on $995 study fee | 46× | |
The CA-portion deduction isn't lost. The $109,800 of reclassified basis still depreciates on the California books — just over the 5/7/15-year MACRS schedules instead of all at once. In years 2 through 16, CA depreciation produces subtraction adjustments on Schedule CA (540) that ultimately recover the full deduction. At a 9.3% CA bracket, the deferred CA portion represents ~$10,000 of total state tax savings stretched over 15 years, vs. ~$2,000 in Year 1.
Forms your CPA files for California
California reporting workflow for an individual taxpayer who took federal §168(k) bonus on a cost-segregated property:
- Federal Form 4562 — depreciation and amortization, including the §168(k) bonus deduction on reclassified components. Flows to Schedule E (rental) or Schedule C (active business).
- California Form FTB 3885A — recomputes California depreciation on the same components without §168(k) bonus. Component-by-component MACRS at standard recovery periods. FTB 3885A (2024 PDF).
- Schedule CA (540), Part I, Section B — the federal-vs-California depreciation delta flows here. Year 1 produces an income addition (you're undoing the federal bonus deduction for CA purposes); years 2 through 16 produce subtraction adjustments as the California schedule recovers basis.
- Form 540 / 540NR — CA personal income tax return. Reflects the adjusted income.
- Parallel asset tracking — California basis on each cost-segregated component differs from federal basis from Year 1 forward (CA basis is higher because CA didn't take the bonus). Your CPA or tax-prep software must track CA-vs-federal basis through disposition; the two reconcile at sale via depreciation recapture and the §1250/§1245 calculation.
For corporations, substitute Form FTB 3885 (rather than 3885A) and Form 100 (rather than 540). The non-conformity is identical under R&TC §24355.
Form 3115 lookback under California's non-conformity
If you bought your California property 2+ years ago and never did cost segregation, the federal Form 3115 (Application for Change in Accounting Method, automatic consent under Rev. Proc. 2015-13) captures every year of missed accelerated depreciation as a §481(a) catch-up adjustment in your current federal return. This is the single biggest acceleration mechanism in cost segregation — a $750K property held 5 years and never cost-segregated has roughly $30,000–$50,000 of cumulative missed federal accelerated depreciation, captured in one current-year deduction.
California treatment of the §481(a) adjustment is more nuanced. Because California never recognized federal §168(k) bonus depreciation, the "California §481(a) equivalent" reflects only the difference between the MACRS schedule you should have used vs. the straight-line schedule you may have been using — a much smaller delta than the federal-side adjustment.
FTB has not published a separate state-specific Form 3115 procedure. Standard CPA practice is to restate California depreciation on Form FTB 3885A using the cost segregation classifications, with the cumulative CA-side basis adjustment flowing through Schedule CA. The mechanics are similar to a federal §481(a) but the dollar amount is materially smaller, and the catch-up depreciation that flows through is still subject to California's no-bonus rule going forward.
See our full Form 3115 cost segregation guide for federal mechanics, partnership/LLC pass-through treatment, and timing rules.
Should you skip cost segregation in California? No.
California non-conformity is a real cost — the CA portion of accelerated depreciation gets deferred over 5–15 years instead of taken all at once. But the math overwhelmingly favors doing the study anyway, for four reasons:
- The federal benefit alone is overwhelming. At a 37% federal bracket, the federal Year-1 deduction produces 4–20× the dollar savings of the deferred California portion. Skipping cost seg to avoid CA-side bookkeeping forfeits the federal benefit too.
- California depreciation recovers; it isn't lost. The full $109,800 of reclassified basis from our $750K example still depreciates on California books — just over 5/7/15-year MACRS schedules in years 2 through 16. Total lifetime CA depreciation matches federal.
- Higher CA brackets shift the calculus. Top California bracket is 13.3% (plus the 1% mental health surcharge above $1M income = 14.4% effective). For high-income CA residents using cost segregation to offset W-2 income via STR loophole or REPS, every dollar of accelerated CA depreciation matters — even if deferred, it eventually arrives at the 14.4% rate.
- Federal Form 3115 lookback is unaffected. If you held a California property 2+ years and never did cost seg, the federal §481(a) catch-up adjustment is available regardless of state non-conformity. The CA-side benefit is smaller, but the federal-side benefit is substantial and unaffected by where the property sits.
The CPAs we work with regularly recommend cost segregation on California properties. The framing is straightforward: federal benefit large, state benefit deferred but recoverable, additional bookkeeping is real but minor for a CPA who handles the schedule properly.
Frequently asked
Does California conform to federal 100% bonus depreciation under §168(k)?
No. California has never conformed to §168(k) — not under TCJA, not under the CARES Act, and not under the One Big Beautiful Bill Act (OBBBA) signed July 4, 2025. R&TC §17024.5 governs CA's static IRC conformity for individuals; even with the conformity date moved to January 1, 2025 (SB 711, October 2025), §168(k) is explicitly excluded. Corporations are similarly non-conforming under R&TC §24355. California taxpayers depreciate cost-segregated components on standard MACRS schedules without Year-1 bonus.
Should I still do a cost segregation study on a California property?
Yes — in nearly every case. The federal benefit alone is substantial: on a $750K California SFR with 18.3% reclassification at a 37% federal bracket, federal Year-1 tax savings are approximately $40,000–$44,000. CA non-conformity defers the CA-portion benefit but does not eliminate it. CA depreciation on the same reclassified components recovers over 5/7/15-year MACRS schedules in years 2 through 16 — you receive the deduction; it's just spread over time instead of accelerated. For most CA investors at 9.3% state bracket, the federal benefit alone (typically 30–37%) overwhelms the deferred state portion.
How does a CPA report the federal vs. California depreciation difference?
For individuals: federal §168(k) flows through Form 4562 to Schedule E as normal. California depreciation (MACRS, no bonus, §179 capped at $25,000) is computed on Form FTB 3885A. The federal-CA delta flows as an income addition on Schedule CA (540), Part I, Section B. Over the following 5–15 years, the CA depreciation schedule produces subtraction adjustments as the asset basis is recovered. Corporations use Form FTB 3885 → Form 100 instead. Asset basis is tracked separately on the California books going forward.
Does Form 3115 lookback work for California state tax?
Federal Form 3115 (Change in Accounting Method, automatic consent under Rev. Proc. 2015-13) governs the federal §481(a) catch-up adjustment for prior-year missed accelerated depreciation. California does not publish a separate state Form 3115 procedure. CPA practice is to restate California depreciation on Form FTB 3885A using the cost segregation classifications, with the cumulative CA-side adjustment flowing through Schedule CA. Because CA never recognized the bonus deduction federally, the CA §481(a)-equivalent is much smaller than the federal one — it reflects only the MACRS-vs-straight-line difference, not the bonus depreciation difference.
What's the worst-case dollar impact of California non-conformity?
On a $750K California rental with 18.3% reclassification ($109,800 reclassified basis) at a 9.3% CA bracket, the CA Year-1 deduction is approximately $12,000–$15,000 instead of the federal $109,800 — a deferred Year-1 CA tax benefit of roughly $9,000 (the difference between $109,800 × 9.3% = $10,211 if CA conformed vs ~$1,200 of actual Year-1 CA savings). That deferred $9,000 isn't lost — it recovers over the asset lives — but it's the cost of California's policy choice. The federal benefit at 37% is $40,626 on the same property and remains fully available.
Does the California §179 deduction help?
Marginally. California caps the §179 immediate expensing election at $25,000 (vs. the federal $1.22M cap for 2025). For a residential rental investor doing cost segregation, the CA §179 is rarely material — most cost-segregated components either don't qualify for §179 (real property components) or have aggregate values well above the $25,000 CA cap (FF&E packages). The CA §179 phase-out begins at $200,000 of total asset additions and disappears around $225,000.
Are any California properties exempt from §168(k) non-conformity?
No published carve-outs. California's non-conformity is uniform — no exception for opportunity-zone property, qualified investment partnerships, low-income housing tax credit projects, or any other federal qualified-property category. The single state-level acceleration California offers is the $25,000 §179 cap, which is independent of property location and applies to all qualifying tangible personal property additions.
Related guides
- Bonus depreciation by state — overview
- All 50 states — conformity reference table
- New York bonus depreciation (non-conforming)
- New Jersey bonus depreciation (PIT non-conforming, CBT conforms)
- Form 3115 cost segregation lookback — §481(a) mechanics
- 100% bonus depreciation under OBBBA — what's permanent post-2025
- Cost segregation Los Angeles — California-specific examples
- Cost segregation San Francisco — high-cost-market land allocation
- Cost segregation San Diego
- Sample cost segregation reports (23 PDFs)
- Audit defense scope — 13 IRS Pub 5653 quality elements