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Utica, New York Short-Term Rental Regulations: A 2026 Guide For Airbnb Hosts

Utica short-term rental rules in 2026, including which zoning districts allow an Airbnb, why R1 blocks don't, and the new Oneida County registration and 5% tax.

Utica, New York

Quick answer

Yes, if your address allows it. Utica's zoning ordinance permits short-term rentals in its mixed-use districts, requires a special use permit in Residential Mixed, and bans them outright in R1 single-family blocks. Every unit also needs a free Oneida County registration number, and guests pay 5% county occupancy tax plus 8.75% sales tax.

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Do you own a place in Utica, New York and you're weighing whether to put it on Airbnb or Vrbo? Well, the good news is that Utica hasn't banned short-term rentals the way New York City effectively has, and nothing in state law stops you either. The catch is that your address decides it, because Utica's zoning ordinance treats a short-term rental as its own land use. The city's Use Table waves that use through in some districts, makes you win a special use permit at a public hearing in another, and doesn't allow it at all in R1, the city's single-family residential district.

Then there's the county on top. Utica sits in Oneida County, and Oneida County Local Law No. 1 of 2025 took effect on January 1, 2026, which is the change that makes most older Utica advice wrong. Every short-term rental unit in the county now has to carry a registration number, that number has to appear in the listing itself, and Airbnb and Vrbo aren't allowed to take a booking fee on a unit they haven't verified. Guests also pay a 5% county occupancy tax that didn't exist on a short-term stay here before 2026.

So let's walk through what it takes to do this properly: which zoning district you're in and what that costs you in review, how the county registration works, the two taxes that attach to a stay, what happens when a neighbour complains, and who to phone in Utica when you get stuck. Everything below comes from the city's zoning chapter, the county's own local law and the state's tax pages, checked in July 2026, and where I couldn't confirm something I've said so plainly. Assuming you're still deciding whether the property is worth buying at all, run the numbers through BNBCalc before you spend a dollar on approvals.

What are Short-Term Rental (Airbnb, VRBO) Regulations in Utica, New York?

Those approvals are a zoning question first, and Utica's zoning chapter is unusually blunt about what it's regulating. The city's definition of a short-term rental is "the rental or lease of any dwelling unit or dwelling, for a period of 30 days or less, to one entity," and it excludes motels, hotels, inns and bed and breakfasts, each of which sits in the code as its own separate use. So the definition catches the whole-house Airbnb, the spare-room Airbnb and the 29-night corporate stay alike, and it lets go the moment a booking runs 31 nights or longer.

Then comes the part that decides everything. Section 2-29-125, the Use Table, lists every use against Utica's nine zoning districts, and it gives the short-term rental use a different answer in each one.

Zoning districtShort-term rentalWhat the symbol means
CBD, Central Business DistrictDDepartment of Urban and Economic Development review, and the Planning Board may want to see it
UMU, Urban Mixed-UseDSame department review
NMU, Neighborhood Mixed-UseDSame department review
RM, Residential MixedSPSpecial Use Permit plus Site Plan Review, so Codes, Urban and Economic Development and the Planning Board all weigh in
IMU, Industrial Mixed-UsePPermitted by right, subject to Codes Department review
R1, Residential SingleblankNot permitted
I, IndustrialblankNot permitted
LC, Land ConservationblankNot permitted
MUC, Mixed-Use CampusblankNot permitted

Read that R1 row slowly. It's the row that ends most plans, because a blank cell in the Use Table means the use isn't allowed, and R1 is Utica's single-family residential district. Unfortunately for anyone picturing a cheap Utica single-family house turned into a weekend rental, if the house sits in R1 there's no permit to apply for and no box on the form to tick. You'd be asking the Zoning Board of Appeals for relief from a use the code deliberately left out, which is a much longer conversation than filing an application. Five districts yes, four no.

The three "D" districts are the gentle end of the scale, since the Use Table sends that use to the Department of Urban and Economic Development rather than to a board, though the same section notes the Planning Board may still want a look. RM sits in the middle, and it's where the interesting cases live: a Special Use Permit under Article X, a site plan, and three separate reviewers. IMU is the only district where a short-term rental is permitted outright, and being an industrial mixed-use district, it isn't where most people own houses.

One more thing about the definition, since it saves an argument later. Bed and breakfasts of up to five rooms are permitted by right in CBD, UMU and NMU as their own use, while an inn of up to twelve rooms is available in several districts by site plan review or special use permit. So if your building and your business really look more like one of those, the code gives you a cleaner route than squeezing into the short-term rental row. Do check which one the city thinks you're running before you file, because the label on the application decides which reviews you sit through.

Starting a Short-Term Rental Business in Utica

The first move, then, before a dollar goes anywhere, is finding out which of those nine districts your parcel actually sits in. The Department of Urban and Economic Development handles planning and zoning for the city and will tell you on the phone at 315-792-0181, while the Codes Office at 315-792-0163 can confirm what the file says about the building itself. Make sure you get the district in writing if you're buying, since the whole business case turns on one letter of the alphabet.

Once you know the district, you can then price the work properly, and the gap between the two realistic paths is wide. In CBD, UMU or NMU you're dealing with a department, on the department's timetable. In RM you're dealing with a public process instead, and one real case shows how that goes. At the Planning Board's meeting of January 18, 2024, an owner on Bacon Street came in seeking "approval of a Special Use Permit and Site Plan approval for a proposal to operate a short-term rental," on the second floor of a house she'd owned since 2006 and rented month to month.

The agenda states the rule in one line, that "As a Special Use Permit is required for this use, a public hearing is required." So your neighbours get to show up and say what they think, on the record, before you get an answer. That isn't a formality either, since a special use permit is the kind of approval a board can attach conditions to.

Whether you own the building matters too, though it matters at the county level rather than the city one. Oneida County's law says a tenant, or anyone else in lawful possession who isn't the permanent occupant, doesn't qualify for a registration unless the owner has given written permission, and that written consent has to be verified before any number is issued or renewed. Renting an apartment and quietly subletting it by the night isn't a grey area here. It's a registration you can't get.

The two layers also lock together, which is the piece people miss when they read about the county registry and assume it replaces the city's rules. Among the conditions Oneida County attaches to operating a registered unit is that the unit "is not otherwise prohibited from operating as a short-term rental unit by federal, state, or local law, rules, and regulations." A county registration number therefore fixes nothing about an R1 address. If you want the county-level picture across Rome, New Hartford and the rest of the region, the Oneida County regulation guide covers the registry from the county's side.

Short-Term Rental Licensing Requirement in Utica

That clause is exactly why the county registration and the city approval are two different animals, and why you need both rather than either. The city's half isn't a licence in the usual sense at all. Utica doesn't run an annual short-term rental permit with its own renewal cycle, as far as I could establish, since what it issues is a zoning approval for the use, which then attaches to the property. I couldn't get the city's own fee pages to load on repeated attempts through July 2026, so don't take a site plan or special use permit fee from a third-party summary. Phone the Codes Office on 315-792-0163 and get the current number from the people who charge it.

So the county's half is the one that behaves like a licence. Registration under Local Law No. 1 of 2025 runs through the Commissioner of Finance, it's valid for two years, and it's renewable in whatever manner the Commissioner prescribes. Better still, Oneida County's own announcement of the January 1, 2026 deadline says registration is free of charge, and the local law caps any future fee at the actual and necessary expenses of running the registry and enforcing it. Keep in mind that "free" is a policy the Commissioner sets rather than a number written into the law, so it can move.

The law attaches a short list of physical conditions to every registered unit, and these are worth reading before you furnish anything:

  • The unit must be registered, and the registration number must appear "on all offerings, listings or advertisements."
  • It can't be used for single room occupancy, as that term is defined in the state's Multiple Residence and Multiple Dwelling Laws.
  • A conspicuously posted evacuation diagram has to identify all means of egress from the unit and from the building it sits in.
  • There has to be a working fire extinguisher.
  • Liability insurance of at least $300,000 for third-party property damage or bodily injury has to cover the operation, though cover your booking service maintains can satisfy that if it's equal or greater.
  • Nothing in federal, state or local law can otherwise prohibit the unit from operating, which is where Utica's zoning walks back in.

Then there's the enforcement side of the registration, which is genuinely well designed. It's unlawful for a booking service to collect a fee on a Utica listing unless it has verified with the Commissioner of Finance that the unit and its owner or tenant hold a current, valid registration. Get that wrong and the platform is exposed to a fine of up to $500 per day, per violation, until it's cured, which is why the platforms do the checking rather than arguing about it.

So the platforms comply.

For hosts, the schedule starts soft and then bites. A first and a second violation draw a warning notice with no penalty, and the notice has to spell out how to cure it. A third violation can cost up to $200, and each one after that up to $500 per day, with a seven-day cure window during which no further fines pile up unless the new violation involves a different unit.

Where the law stops being gentle is at the registration itself. Three violations across two consecutive calendar years let the Commissioner revoke it and bar you from re-registering for up to twelve months, and listing a unit without a current valid registration carries that same twelve-month bar on its own. That's the sharpest edge in the whole law, so don't treat registration as paperwork you'll get to later.

One administrative detail catches people at closing. Registration numbers aren't transferable, so if you sell the property the buyer applies for their own, and the county asks you to mark your last quarterly occupancy tax return as your final one.

Required Documents for Utica Short-Term Rentals

Since a registration can't be handed on with the keys, every new owner assembles the same paperwork, and mercifully it's a short pile. The county registry identifies each unit by its physical address including any unit designation and by its tax parcel identification number, plus whatever else the Commissioner of Finance asks for. Dig your parcel number off the tax bill before you start rather than halfway through the form.

If you're not the registered owner of the property, the county wants its Owner's Consent Form, and it's more formal than the name suggests. It collects the property address, then the registered owner's name, mailing address, phone and email, then the same four details for the applicant. The owner also signs three affirmations, that they're the lawful owner, that they know the applicant is registering for a short-term rental number on that property, and that they have authority to give the consent. Underneath all of that sits a notary acknowledgement, so don't forget to book the notary rather than mailing it unsigned. Book that early.

You'll also want evidence of the $300,000 liability cover, whether that's your own policy or documentation of the coverage your booking service maintains, since the law makes the insurance a condition of operating rather than a nice-to-have.

On the city side, the document list depends on which route the Use Table sends you down. A department review in CBD, UMU or NMU is a lighter exercise than a Special Use Permit and Site Plan Review in RM, which involves a site plan and a noticed public hearing. I couldn't open a published city checklist to reproduce it, so treat the Department of Urban and Economic Development as the authority on what your particular application needs, and ask them before you draw anything.

After you open, the records requirement still runs quietly in the background, and it's the thing most hosts forget. Oneida County requires short-term rental hosts to keep guest-stay records for two years following the end of the calendar year the stay fell in: the date of each stay, the number of guests, the cost of each stay with the sales tax and occupancy tax itemised, and your registration records. Enforcement agencies can ask for them and you have to hand them over, so a shoebox of receipts won't do. Operators also keep the underlying occupancy and rent records for three years on top of that.

Utica Short-Term Rental Taxes

Assuming you clear the zoning and are able to get a registration number, there's still tax to deal with, and two separate governments administer the pieces. A guest booking a night in Utica pays both of the charges below.

ChargeRateCollected by
New York State and local sales tax8.75% in the City of UticaNew York State Department of Taxation and Finance, with booking services registered as vendors
Oneida County occupancy tax5% of the rentOneida County Commissioner of Finance
Combined, on the same booking13.75%Both, usually collected by your platform at checkout

The sales tax half is the newer of the two at state level. New York extended sales tax to short-term rental unit occupancy from March 1, 2025 wherever the rent runs over $2.00 per unit per day, and it made booking services the primary collectors, so Airbnb and Vrbo register as sales tax vendors and charge it at checkout. You still have to register as a vendor yourself unless a booking service handles all of your sales, or unless you rent three days or fewer in a year without using one.

The rate that applies to a Utica address is 8.75%, which the state's Publication 718 lists for Utica (city) under reporting code 3018 in its edition effective March 1, 2025. Watch out for the near-namesake in that same list, though, because "Oneida (city)" at 8% is the City of Oneida over in Madison County, which isn't in Oneida County at all.

The county's 5% is the newer piece locally, since it only arrived on January 1, 2026. Local Law No. 1 of 2025 didn't create a tax so much as widen an old one, because it extended the county's existing hotel and motel occupancy tax to short-term rental units, and the county's own summary of the tax sets out the mechanics in seven points.

Two of those points matter most day to day. The tax has to be stated and charged separately from the rent rather than folded into your nightly rate, and returns cover the periods ending March 31, June 30, September 30 and December 31, each one due within twenty days of the period's end. Then there's a sting worth reading twice: if the booking service collects the occupancy tax and doesn't remit it to the county, the owner is responsible for the payment.

In practice the platforms do collect it. Airbnb's own help page says guests booking listings located in Oneida County pay a "Hotel Occupancy Tax: 5% of the listing price including any cleaning fees and guest fees, for reservations 29 nights and shorter." Direct bookings you take yourself are a different matter, since then the collecting and the remitting are both yours.

The long-stay thresholds are where the two taxes stop agreeing, and it's a real trap rather than a technicality. For the county's occupancy tax, an occupant of at least thirty consecutive days counts as a permanent resident and the 5% falls away, whereas for state sales tax the exemption doesn't arrive until ninety consecutive days. Utica's zoning definition then catches rentals of "30 days or less," so a stay of exactly thirty days is still a short-term rental to the city's Use Table while it's already permanent occupancy to the county's tax collector. Make sure you count the nights against the right rule, because the three of them genuinely don't line up, and day thirty is the awkward one.

There's one last date to diary, though, since the county's authority to levy this occupancy tax runs, by the terms of Local Law No. 1 of 2025, only through December 31, 2028, extended from a previous expiry of December 31, 2025. That sunset has been renewed routinely since 1984, going by the string of amendments in the law itself, but a rate carrying an expiry date is a rate that can change.

Your rental income is then ordinary taxable income on top of all of this, and the usual deductions apply.

New York Wide Short-Term Rental Rules

That 2028 date is a county decision, yet the framework it sits inside came from Albany, and it's worth knowing which parts of the state rulebook reach Utica and which never will. The state built its registration system in two steps: Chapter 672 of the Laws of 2024 created the short-term rental framework in December 2024, and Chapter 99 of the Laws of 2025 restructured it in February 2025 into a county-run model with a local opt-out. Oneida County's law describes that history in its own legislative purpose section, noting the state "adopted a short-term rental law requiring counties to establish registries for short-term rentals unless they opt-out."

The county opt-out window closed on June 26, 2026, and Oneida County plainly stayed in, which its own local law proves better than any state list would. That's why your registration goes to the Oneida County Commissioner of Finance rather than to a state portal. No statewide licence sits above it.

New York also doesn't preempt local short-term rental regulation in any broad way, which is precisely why Utica's Use Table gets to be the deciding document. Cities, towns, villages and counties keep their zoning, permitting and prohibition powers, and they use them very differently from one municipality to the next. Our New York statewide guide maps how far that variation goes, while the Onondaga County guide covers the Syracuse market an hour west and the Erie County guide covers Buffalo.

Now for the misconception that follows Utica owners around, because someone always raises it. New York City's rule that an entire apartment can't be rented for fewer than 30 days comes from the Multiple Dwelling Law, and Section 3 of that chapter applies it only "to all cities with a population of three hundred twenty-five thousand or more." Utica isn't remotely near that threshold. So the Class A occupancy rule that killed whole-unit listings in the five boroughs has no application to a Utica house. Smaller municipalities can adopt the chapter by their own local legislation, mind you, so it isn't a permanent immunity. It's simply not the law you're operating under today.

Does Utica Strictly Enforce STR Rules?

Enforcement here changed shape on the same January 2026 morning the county law took effect, and the honest answer is that it's now much less about inspectors than it used to be. The lever moved to the payment layer, since a booking service can't legally collect a fee on an unverified Utica unit, and its own exposure of up to $500 per day per violation makes that a compliance problem for the platform rather than an argument you get to have. So an unregistered listing doesn't get quietly tolerated so much as it fails to earn.

Behind that sits a data pipeline most hosts don't realise exists, and it's worth understanding before you decide any of this is theoretical. Booking services must report short-term rental data to Oneida County on the first day of every January, April, July and October, covering the dates of each stay, guest counts, the cost with sales tax and occupancy tax itemised, the full address including unit designation, the host's full legal name and the unit's registration number. The county then has to share that data with every city, town and village government in the county within 60 days, and make it available to their enforcement agencies on request. So the City of Utica receives a quarterly list of who's operating, matched to addresses, which means a listing quietly running in an R1 block is now a data-matching exercise rather than a complaint.

Be aware of that before you assume nobody's looking.

The penalties themselves are more forgiving than that pipeline implies, at least at first, because two warnings come before any fine and each warning has to detail how to cure the problem. Where the law is unforgiving, as above, is the twelve-month registration bar and the revocation route after three violations in two consecutive calendar years. On top of the fines, the Oneida County Attorney can bring an action for a violation and may notify the New York Attorney General.

City-side enforcement, by contrast, is the older and quieter kind, because zoning violations are the Codes Office's territory and a use that isn't permitted in your district stays a zoning violation whatever the county registry says. The public part happens earlier, at the Planning Board, where a special use permit application in RM is noticed and heard in open session, which means neighbours who object are in the process from the beginning rather than filing complaints afterwards.

What I can't give you is a number. Neither the city nor the county publishes a count of short-term rental citations, and the county's public registry lookup runs entirely in the browser, so I couldn't read a total of registered Oneida County units out of it either. Treat the enforcement picture as structurally strong and empirically unmeasured.

How to Start a Short-Term Rental Business in Utica

Given how much of this hinges on one fact you can still establish in a phone call, the order below is doing real work, and running it backwards is how people lose an application fee. Start with the district.

  1. Find your zoning district first. Call the Department of Urban and Economic Development on 315-792-0181 and get it confirmed. If the answer is R1, I, LC or MUC, stop here, because the Use Table doesn't permit the use and no county registration changes that.
  2. Work out which review you're facing. CBD, UMU and NMU are department review. RM means a Special Use Permit, a site plan and a public hearing. IMU is permitted by right, subject to Codes Department review.
  3. Check the building, not only the land. The Codes Office at 315-792-0163 holds the file on the structure, and open code issues are cheaper to find now than after you've bought furniture.
  4. Sort the ownership question. If you're a tenant rather than the owner, get the owner's written consent early, and remember it has to be notarised on the county's form before a registration number is issued.
  5. File the city application and sit the hearing if you're in RM. Expect neighbours to be notified, and expect the whole thing to take a meeting cycle rather than a week.
  6. Register with Oneida County. Registration runs through the Commissioner of Finance's portal, is free as of July 2026, and lasts two years.
  7. Put the registration number in every listing. The law says "all offerings, listings or advertisements," and an unregistered listing is what triggers the twelve-month bar.
  8. Do the safety items before your first guest. Posted evacuation diagram showing egress from the unit and the building, a working fire extinguisher, and at least $300,000 of liability cover.
  9. Set up the tax and record-keeping on day one. Confirm your platform is collecting the 5% county tax and the 8.75% sales tax, diarise the quarterly return dates with their twenty-day filing windows, and start the two-year guest-stay log now rather than reconstructing it later.

Who to Contact in Utica about Short-Term Rental Regulations and Zoning?

Between those steps you'll deal with three offices, and knowing which one owns your question saves a lot of transferred calls. Two of them share the second floor of City Hall, while the county's finance department sits over on Park Avenue.

Zoning districts, site plans and the Planning Board

The City of Utica Department of Urban and Economic Development covers planning, zoning, and scenic and historic review, and it's the department the Use Table names for the "D" districts.

Code enforcement, permits and the building file

The City of Utica Codes Office reviews the "P" uses, holds the record on the structure, and is where a zoning complaint about a short-term rental ends up.

  • Address: Utica City Hall, 2nd floor, 1 Kennedy Plaza, Utica, NY 13502
  • Phone: 315-792-0163, fax 315-792-0219
  • City Hall switchboard: 315-792-0100

Registration and the 5% occupancy tax

The Oneida County Department of Finance, under Commissioner Anthony R. Carvelli, runs the short-term rental registry and collects the occupancy tax.

  • Address: County Office Building, 800 Park Avenue, Utica, NY 13501
  • Phone: 315-798-5750, fax 315-735-8371
  • Email: [email protected]
  • Online: the county's short-term rental information page carries the registration portal, the public registry lookup and the tax forms

State sales tax and vendor registration

Sales tax registration and the 8.75% itself belong to the New York State Department of Taxation and Finance, not to the city or the county.

  • Sales tax phone: 518-485-2889, 8:30 a.m. to 4:30 p.m.
  • What to ask about: vendor registration, and whether your booking service's collection relieves you of filing

What Do Airbnb Hosts in Utica on Reddit and Bigger Pockets Think about Local Regulations?

I went looking for Utica hosts talking about all of this, and I should be straight with you about what I found, which was very little. Reddit blocks automated access for research like this, so I haven't read those threads and won't pretend otherwise. The one BiggerPockets thread that surfaced for this market is a 2021 post asking for a property manager and contractors in the Mohawk Valley, with no discussion of regulation and no visible replies. Utica isn't a market with a loud online host community, so treat anyone claiming to summarise its "host sentiment" with more confidence than that as guessing.

What I can tell you is what the public record shows, and it points in one direction. County Executive Anthony J. Picente Jr. framed the new registry as a hotel-parity measure, saying the requirements "ensure fairness, transparency and a level playing field in the lodging industry, while aligning with State law." That's the language of a county which thinks short-term rentals were undertaxed next to motels, rather than a county trying to shut them down. Registration is free, the penalty schedule opens with two warnings, and the zoning code affirmatively lists short-term rentals as a permitted use in five of nine districts. None of that reads as hostile.

The genuinely restrictive piece is the one nobody argues about, because it isn't a policy debate at all. It's a map. If your Utica property is in R1, the answer is no, and it was no before the county registry existed. If it's in RM, your answer depends partly on what your neighbours say at a public hearing. So the underwriting question here isn't "will they allow it," it's "which parcel am I buying," and that's worth doing at the offer stage rather than after closing. Pair it with what the Utica market is actually paying per night before you commit to anything.

Which is the general lesson across most upstate cities right now. The county registries arriving all over New York are administrative, cheap and survivable, while the thing that decides whether you have a business at all is a line on a zoning map drawn years ago by people who weren't thinking about you.

Frequently Asked Questions

Can you legally run an Airbnb in Utica, New York in 2026?

Yes, if the property sits in the right zoning district. Utica's Use Table permits short-term rentals in the Central Business District, Urban Mixed-Use and Neighborhood Mixed-Use districts subject to department review, in Residential Mixed with a Special Use Permit and Site Plan Review, and by right in Industrial Mixed-Use. It doesn't permit them in R1 Residential Single, Industrial, Land Conservation or Mixed-Use Campus. Every legal unit also needs an Oneida County registration number.

Do you need a permit for a short-term rental in Utica?

You need two different things. From the City of Utica you need zoning approval for the use, which is a department review in the mixed-use districts and a Special Use Permit plus Site Plan Review, decided after a public hearing, in Residential Mixed. From Oneida County you need a registration number under Local Law No. 1 of 2025, which lasts two years and has to appear in every listing and advertisement. The county registration doesn't override the city's zoning.

How much tax does a Utica short-term rental pay?

Two layers, totalling 13.75% on the rent. New York State and local sales tax runs at 8.75% for a City of Utica address, and Oneida County adds a 5% occupancy tax that was extended to short-term rentals on January 1, 2026. Booking platforms generally collect both, and Airbnb states it collects the county's 5% on reservations of 29 nights and shorter. County occupancy tax returns fall due within twenty days of March 31, June 30, September 30 and December 31.

Does Oneida County charge for short-term rental registration?

Not as of the county's own announcement ahead of the January 1, 2026 deadline, which described registration as free of charge. The local law lets the Commissioner of Finance set application and renewal fees, but caps them at the actual and necessary expenses of building and running the registry and enforcing the law, so any future fee should be modest. A registration lasts two years and isn't transferable, so a buyer applies for their own number.

Does New York City's 30-day short-term rental rule apply in Utica?

No. That rule comes from the Multiple Dwelling Law, and Section 3 of that chapter applies it only to cities with a population of 325,000 or more. Utica is far below that threshold, so the Class A occupancy restriction behind New York City's ban on whole-unit listings doesn't reach it. Utica is governed instead by its own zoning ordinance and by Oneida County's registration and occupancy tax law.

Last verified: July 2026. Every ordinance, tax rate, state law, and contact detail in this guide links to or comes from its official source.

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Disclaimer: This article is for informational purposes only and not legal advice. Regulations could have changed since this article was published. Check local zoning authorities and consult a legal professional before making any decisions.

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