Truesdell Wealth, Inc.
The Big Beautiful Bill and What It Means for Real Estate Investors Over Fifty-Five
When Washington Hands Out Candy, Check the Wrapper
The Big Beautiful Bill and the Salesmen Who Love It
On July 4, 2025, President Trump signed the One Big Beautiful Bill Act into law. The name alone ought to tell you something about how Washington operates these days, but setting aside the salesmanship, this legislation does contain some genuinely significant changes for real estate and for people who own it, invest in it, or plan to pass it along to their heirs.
Let me walk you through the highlights in plain English, because if you wait for your accountant to explain it next April, you might miss some planning opportunities. And if you wait for a slick salesman to explain it, you might end up owning something you should have left alone.
First, the bill made permanent a number of tax provisions from the 2017 Tax Cuts and Jobs Act that were scheduled to expire. If you remember that legislation, you probably remember the promises that came with it and the debate about whether those promises were kept. Regardless of where you stood on that argument, several of those provisions are now here to stay.
For people who own or invest in commercial real estate used for manufacturing, production, or refining, there is now a one hundred percent first year depreciation allowance for what the tax code calls Qualified Production Property. In regular language, that means if you build or buy certain types of nonresidential real estate for production purposes after January 2025 and before 2029, you can deduct the entire cost in the first year instead of spreading it out over decades. That is a significant incentive to build in America rather than overseas.
The bill also restored the full one hundred percent bonus depreciation deduction for eligible property. This had been phasing down under the old law, dropping to forty percent in 2025 and scheduled to disappear entirely by 2027. Now it is back at full strength and permanent for property acquired after January 2015. This applies to tangible property with a recovery period of twenty years or less.
For small business owners, the Section 179 deduction that lets you immediately write off certain property improvements has been increased. The maximum deduction is now two and a half million dollars with a phaseout starting at four million. If you are running a business and need to upgrade your heating, air conditioning, fire protection, security systems, or roofing, this matters.
The Qualified Business Income deduction that allows a twenty percent deduction for pass-through entities like partnerships, S corporations, and sole proprietorships has been made permanent at the twenty percent level. The thresholds for when limitations kick in have been increased and will be indexed for inflation going forward.
The Qualified Opportunity Zone program, which was created in 2017 to stimulate investment in economically distressed communities, has been renewed and expanded. The rules have been modified with rolling ten-year designations starting in 2026. If you invested in a Qualified Opportunity Fund before January 2027, deferred capital gains will be recognized on December 31, 2026. For investments held at least ten years and up to thirty years, no tax is imposed on gains when the investment is sold.
Now here is where I want you to pay close attention and maybe pour yourself a second cup of coffee.
Every time Congress passes legislation like this, an entire industry springs up overnight to help you take advantage of it. Some of those people are legitimate professionals who will serve you well. Others are salesmen who will package complicated investment products, wrap them in the language of tax savings, and sell them to retirees who do not fully understand what they are buying.
Real Estate Investment Trusts are going to proliferate. You will see them marketed for rehabilitation projects, opportunity zone investments, low-income housing credits, and every other provision in this bill. Some will be sound investments. Many will not be.
The bill expanded and made permanent the Low-Income Housing Tax Credit. It reformed the New Markets Tax Credit. It relaxed rules on taxable REIT subsidiaries. Every one of these provisions creates opportunities for Wall Street to package products and sell them to Main Street investors who think they are getting a tax break when what they are really getting is a complicated, illiquid investment with fees buried in the fine print.
I have been in this business for more than forty years. I have watched these cycles repeat. A new tax law passes, the product manufacturers gear up, the salesmen hit the road, and retirees end up owning things they cannot sell, do not understand, and never should have bought.
If someone approaches you with a real estate investment product tied to the One Big Beautiful Bill Act, slow down. Ask questions. Demand to see the fee structure. Find out what happens if you need your money back in three years. Ask who benefits if the deal goes sideways.
On the estate planning side, the bill increased the federal estate, gift, and generation-skipping transfer tax exemption. For 2025, the exemption is approximately fourteen million dollars per individual, nearly twenty-eight million for married couples. In 2026, those amounts increase further. This may make it easier to pass wealth to the next generation without triggering major gift or estate taxes, but Congress has a habit of revisiting these provisions when budget deficits climb.
The bottom line is this. The One Big Beautiful Bill Act contains real benefits for real estate investors, business owners, and people engaged in estate planning. It also contains real opportunities for people to sell you products you do not need. Know the difference before you sign anything.
ARTICLE TWO: Adverse Possession and Why Every Property Owner Should Understand It
Use It or Lose It Is Not Just a Saying
The Quiet Way Strangers Can Take Your Land
Most people have never heard the term adverse possession until someone tries to take a piece of their land using it. By then, it is usually too late to do much about it except hire a lawyer and hope for the best. That is not a position you want to find yourself in, especially after spending a lifetime building and protecting what you own.
Adverse possession is a legal doctrine that allows someone who occupies land they do not own to eventually gain legal title to that land if certain conditions are met over a specified period of time. It sounds almost un-American when you first hear it. How can someone take your property just by using it? But the doctrine has been part of English and American law for centuries, and it is alive and well in every state including Florida.
A recent Georgia Supreme Court case called Brownphil versus Cudjoe illustrates exactly how this works and why property owners need to pay attention.
The facts were straightforward. Two parties had competing claims to an undeveloped lot in Bibb County, Georgia. One party, Brownphil, had an unbroken chain of title going back through recorded deeds. The other party, Cudjoe, had a deed to the same property, but his chain of title had gaps. Cudjoe knew his deed was not supported by a continuous chain, so he asserted adverse possession instead, claiming he had been in possession of the property long enough under Georgia law to gain title regardless of the paperwork problems.
The case worked its way through the Georgia court system. The trial court sided with Cudjoe. The appellate court affirmed. Brownphil appealed to the Georgia Supreme Court, which finally vacated the lower court decisions and sent the case back for further proceedings.
The Supreme Court made an important distinction that ever...