Impacts of the One Big Beautiful Bill Act on Commercial Real Estate

The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, brings tax changes and incentives that affect commercial real estate (CRE), like office buildings, shopping centers, and warehouses. Below are the key impacts, explained simply, with real-world examples to show how they might play out.

 

Positive Impacts on Commercial Real Estate

1. 100% Bonus Depreciation for Property Improvements

  • What It Means: The bill lets businesses immediately deduct the full cost of certain upgrades (like new HVAC systems or interior renovations) instead of spreading the cost over years. This applies to assets placed in service after January 19, 2025, and is now permanent for many cases. It also includes a special 100% deduction for nonresidential properties (like factories) used for manufacturing if construction starts by 2028 and they operate for 10 years.
  • Real-World Example: Imagine Jane owns a small office building in Chicago. She spends $200,000 to install energy-efficient lighting and a new HVAC system in 2026. Normally, she’d deduct this cost slowly over 39 years. With the OBBBA, she can deduct the entire $200,000 in 2026, lowering her taxes and freeing up cash to renovate another floor, attracting more tenants.
  • Why It Helps: This gives Jane more money upfront, making it easier to upgrade her property and increase its value or rental income.

2. Increased Section 179 Expensing Limits

  • What It Means: Businesses can deduct up to $2.5 million (up from $1.25 million) for equipment or improvements in 2025, with the deduction phasing out if total purchases exceed $4 million. This helps smaller CRE businesses.
  • Real-World Example: Mike runs a strip mall in Texas and buys $1 million in new roofing and storefront upgrades for his tenants (a coffee shop and a gym). Under the OBBBA, he deducts the full $1 million from his 2025 taxes, reducing his tax bill significantly and allowing him to lower rents to attract new tenants.
  • Why It Helps: Mike saves on taxes immediately, giving him more cash to maintain or expand his property, making it more competitive.

3. Permanent Qualified Opportunity Zones (QOZs)

  • What It Means: QOZs encourage investment in struggling areas by deferring taxes on capital gains if you invest in properties there. The bill makes this program permanent, adds a 10% tax break after five years (30% in rural areas), lowers improvement requirements in rural zones, and updates eligible areas.
  • Real-World Example: Sarah, a real estate investor, sells a property in Miami for a $500,000 profit. Instead of paying taxes on that gain, she invests it in a rundown shopping center in a QOZ in rural Ohio. After five years, she gets a 30% tax break on her investment’s value, and her taxes on the original $500,000 are deferred until she sells the shopping center.
  • Why It Helps: Sarah can grow her investment in the shopping center without immediate tax hits, and the tax breaks make it more profitable, encouraging her to revitalize the area.

4. Boosted Low-Income Housing Tax Credit (LIHTC) and New Markets Tax Credit (NMTC)

  • What It Means: LIHTC gives tax credits for affordable housing projects, with a 12% increase in credits starting in 2026 and easier rules for mixed-use buildings. NMTC, now permanent with $5 billion yearly, supports community development in low-income areas.
  • Real-World Example: A developer, Tom, builds a mixed-use project in Atlanta with shops on the ground floor and affordable apartments above. The enhanced LIHTC covers more of his costs, and NMTC helps fund the retail portion. This makes the project financially viable, bringing new stores and jobs to a low-income neighborhood.
  • Why It Helps: Tom’s project is more affordable to build, benefiting CRE by supporting retail and office spaces in mixed-use developments.

5. Preserved Deductions and Exchanges

  • What It Means: The bill keeps the 20% Qualified Business Income deduction for businesses like real estate investment trusts (REITs) and allows tax-free property swaps (Section 1031 exchanges) without new limits.
  • Real-World Example: Lisa owns a REIT that manages several office parks. The 20% deduction lowers her taxes on rental income, increasing her profits. She also swaps an underperforming retail plaza for a warehouse using a 1031 exchange, deferring taxes on the sale and keeping more cash to invest.
  • Why It Helps: Lisa’s REIT has higher after-tax income, and the 1031 exchange lets her upgrade her portfolio without a big tax hit, keeping her business flexible.

6. Eased Interest Expense Rules

  • What It Means: The bill changes how businesses deduct interest on loans, using a simpler formula (EBITDA) that excludes depreciation, allowing more interest to be deducted. This helps highly leveraged CRE projects.
  • Real-World Example: John, a developer, borrows $10 million to build a new logistics center. The OBBBA lets him deduct more of the loan interest each year because depreciation isn’t counted against his income limit. This lowers his taxes and makes the project more affordable despite high interest rates.
  • Why It Helps: John can take on bigger projects with less tax burden, encouraging new CRE developments like warehouses or office complexes.

7. Overall Investment Surge

  • What It Means: These tax breaks encourage investors to pour money into CRE, boosting construction and property upgrades, especially in industrial and mixed-use sectors.
  • Real-World Example: A real estate firm in Denver uses the tax savings from bonus depreciation and QOZs to fund a new industrial park. The project creates jobs and attracts tenants like e-commerce companies needing warehouse space, increasing local property values.
  • Why It Helps: The firm can take on larger projects, spurring economic growth and improving CRE market activity.

These provisions generally make it easier and cheaper to invest in, develop, and manage CRE properties.

“Negative” Impacts on Commercial Real Estate

1. Loss of Energy and Green Incentives

  • What It Means: The bill ends tax deductions for energy-efficient building upgrades (Section 179D) after June 30, 2026, and phases out solar/wind credits by 2027. It also cuts funding for green retrofit programs.
  • Real-World Example: Emma owns an office tower in Seattle and plans to install solar panels and energy-efficient windows in 2027. Without the Section 179D deduction or solar credits, her costs rise by $100,000, making the upgrades less affordable. She might skip them, leading to higher energy bills for tenants.
  • Why It Hurts: Higher costs could discourage green upgrades, making properties less attractive to eco-conscious tenants and increasing operating expenses.

2. Higher Interest Rates from Deficit Growth

  • What It Means: The OBBBA is estimated to add $3-4 trillion to the federal deficit over a decade. This could push up long-term interest rates and inflation, making loans for CRE projects more expensive and potentially lowering property values, especially for office and retail spaces sensitive to rate hikes.
  • Real-World Example: David, a developer, wants to build a new office complex in Dallas. In 2026, he applies for a $15 million loan, but because the OBBBA’s deficit spending has driven up interest rates, his loan’s interest rate jumps from 5% to 7%. This adds $300,000 to his annual interest costs, making the project less profitable and harder to finance. If rates keep rising, his property’s market value might also drop, scaring off potential buyers.
  • Why It Hurts: Higher loan costs mean David might delay or cancel his project, and lower property values could hurt existing CRE owners, especially in markets like office spaces already struggling with remote work trends.

3. Other Challenges

  • What It Means: The bill introduces a few additional hurdles for CRE. It raises taxes on university endowments, which could reduce their investments in real estate. Supply chain and labor shortages may limit the ability to start new construction projects, even with tax incentives. Also, changes to QOZ maps (redrawing boundaries and stricter income rules) might exclude some areas that were previously eligible for tax breaks, disrupting planned investments.
  • Real-World Example: A university endowment in Boston, which owns several commercial properties, faces a higher tax bill due to the OBBBA’s endowment tax hike. To cover this, it sells off a retail plaza it owns, reducing CRE investment in the area. Meanwhile, Maria, a developer, plans to build a warehouse in a QOZ, but the new map excludes her chosen site in 2026. She loses the tax break and faces delays due to shortages of construction materials and workers, pushing her project back a year.
  • Why It Hurts: The endowment’s reduced investment means less capital for CRE projects, and Maria’s situation shows how QOZ changes and supply chain issues can stall development, especially in areas counting on revitalization.
In summary, the tax breaks and incentives (like bonus depreciation, QOZs, and interest deductions) make it easier for businesses like Jane’s, Mike’s, and Sarah’s to invest in and improve properties, spurring growth in industrial, retail, and mixed-use sectors. Critics would argue that the loss of green incentives (hurting Emma’s eco-friendly upgrades), higher interest rates from deficit growth (impacting David’s financing), and other challenges like endowment taxes and QOZ map changes (affecting Maria’s plans) create hurdles; however, I disagree.
Green “incentives” are merely subsidies for technologies that are not yet cost effective and the OMB’s deficit projections are flawed in that they do not accurately account for the impact of growth on federal revenue. Stimulating growth in the private sector by allowing people and businesses to keep more of their own money is always good policy. A rising tide lifts all boats. As for universities, they have been overcharging the government on grants for decades and increasing tuition at a rate well above the rate of inflation due to free money from the government in the form of student loans. These rising costs have not gone to improve education quality or standards but rather to increase the size and scope of university administrations and non-merit-based programs. In my opinion, these universities are getting what they deserve.

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