Medical Equipment Ownership · Revenue Share · §168(k)

Own the equipment. Run the operation. Deduct 100% in year one.

We help you acquire and operate revenue-generating medical equipment in a fast-growing, cash-pay corner of the wellness market — high-demand therapies that most insurance won't touch, like Plasmapheresis, EBOO, EBO2/EBO3, and Traumatic Brain Injury protocols. Your entity employs the nurses and technicians, manages scheduling and utilization, and handles the billing. It's a real operating business, already running across six locations — built deliberately around the permanent 100% bonus depreciation rules of §168(k).

Why This Model

100%First-year bonus depreciation under §168(k) — made permanent for equipment acquired and placed in service after Jan 19, 2025
Six locations liveAn operating business with nurses, technicians, scheduling, and billing — already producing revenue, not a paper deal
Active, not passiveBuilt for owners who materially participate, so the deduction works against active income
How It Works

From acquisition to revenue share in four steps

This is an operating service business — not a passive equipment lease. That single distinction drives both the economics and the tax treatment, and it's what we build the whole structure around.

STEP 01

Acquire the equipment

Your owner entity buys the medical equipment outright at fair market price — cash or recourse financing, in an arm's-length deal with an unrelated seller. You hold real title and real risk.

STEP 02

Place it in service

The equipment is installed and made operational at a treatment location before year-end, fully documented from delivery through acceptance testing and the first patient — the trigger for first-year depreciation.

STEP 03

Operate it as a business

Your entity staffs the nurses and technicians, manages scheduling, throughput, and maintenance, and performs the billing for every treatment. You're running a service business, not collecting rent.

STEP 04

Share the revenue

Income arrives as your negotiated share of the revenue the equipment generates in a market with strong, underserved demand. You carry genuine ownership risk — utilization, maintenance, obsolescence — and keep the genuine upside.

The Operating Model

Why the owner entity does the work

A bare equipment lease is presumptively passive under §469 — its losses generally can't offset active income, no matter how large the deduction. Our model is built the other way: real services, real staff, real billing. That's not window dressing; it's the legal and economic engine.

The passive trap: a bare equipment lease

Hand over a machine, collect a check, provide no services. The activity is per se a rental — the year-one depreciation loss suspends instead of offsetting practice income or wages, and §179 is barred for noncorporate lessors. The deduction is real but stranded.

The operating model: equipment + significant services

When substantial personal services accompany the equipment and the owner materially participates, the activity steps outside the rental box — so the loss is available against other active income, subject to the at-risk and excess-business-loss rules. The deduction works because the business is real.

  • Staffs the clinical team — nurses and technicians are on your entity's payroll or under its service contracts, delivering the treatment
  • Manages utilization — scheduling, throughput, uptime, and maintenance are your entity's job, with reporting that proves it
  • Performs the billing — your entity bills every treatment and administers collections directly
  • Documents participation — contemporaneous time logs, service agreements, and utilization records support material participation under §469
Tax Framework

Built around the three gates on loss usability

The deduction is the easy part. Whether the loss is usable depends on three statutory tests — and our structure is designed to address each one.

§469

Passive activity rules

The services layer — staffing, utilization management, billing — is what moves the activity out of the per se rental box. Owners then materially participate under one of the seven §469 tests, with contemporaneous documentation.

§465

At-risk rules

Deductions are limited to amounts genuinely at risk. Placements are funded with cash or recourse debt from unrelated lenders — no nonrecourse seller paper, no guaranteed-return side letters.

§461(l)

Excess business loss cap

For 2026, net business losses offset nonbusiness income up to $256,000 (single) / $512,000 (joint); the excess carries forward as an NOL. We model the cap before sizing any acquisition.

Illustration

What a placement can look like

A simplified, hypothetical 2026 example for a joint filer operating through the active model. Outcomes vary materially with individual facts.

ItemAmount / Result
Equipment acquired & placed in service (2026)$2,000,000
§168(k) bonus depreciation (100%)($2,000,000)
Year-one revenue share$300,000
Operating costs (staff, insurance, maintenance)($180,000)
Net year-one activity loss($1,880,000)
Current-year offset against other income (§461(l) cap, joint)Up to $512,000 — remainder carries forward as an NOL against future income, including ongoing revenue share

Hypothetical illustration only — not a projection or guarantee. Assumes active (nonpassive) characterization, full at-risk basis, and material participation, each of which depends on facts and documentation. Depreciation is a deferral: §1245 recapture applies on exit, and many states do not conform to federal bonus depreciation.

Revenue Calculator for EBOO Treatment

Model an EBOO placement with your own numbers

Adjust price and volume to see how revenue flows through cost of goods, debt service, the 50% medical-office share, and the 30% marketing allocation. Average treatment cost for EBOO is $1,250–$1,500. Exclusive equipment cost is $400,000.00.

Inputs

Default of 43/month ≈ 2 treatments/day, 5 days/week (520 treatments/year ÷ 12 months)
Profit splits (of net profit = revenue − COGS):
Medical office revenue share: 50%  •  Marketing: 30%  •  Owner entity: 20%, from which the owner pays debt service

Results

Line itemMonthlyAnnual
Treatment revenue
− Cost of goods sold
Net profit (revenue − COGS)
− Medical office share (50%)
− Marketing (30%)
Owner entity share (20%)
− Debt service (P&I on )
Owner entity cash flow (20% of net profit − debt service)
Year-one §168(k) deduction on this equipment: (100% of cost basis, including the financed portion) — usability subject to the §469, §465, and §461(l) rules discussed above. Break-even volume at these inputs: treatments/month.

Hypothetical model for illustration only — not a projection, guarantee, or offer. Actual reimbursement, utilization, costs, and tax outcomes vary.

Monthly cash waterfall — 3 treatments/day scenario (65/month)

Uses the price, COGS, and financing inputs above with volume fixed at 3 treatments/day, 5 days/week (≈65/month). Figures are monthly.

Revenue Calculator for Plasmapheresis Treatment

Model a Plasmapheresis placement with your own numbers

Adjust price and volume to see how revenue flows through cost of goods, debt service, the 50% medical-office share, and the 30% marketing allocation. Plasmapheresis revenue per treatment typically ranges from $4,500 to $10,000. Exclusive equipment cost is $1,200,000.

Inputs

Default of 43/month ≈ 2 treatments/day, 5 days/week (520 treatments/year ÷ 12 months)
Profit splits (of net profit = revenue − COGS):
Medical office revenue share: 50%  •  Marketing: 30%  •  Owner entity: 20%, from which the owner pays debt service

Results

Line itemMonthlyAnnual
Treatment revenue
− Cost of goods sold
Net profit (revenue − COGS)
− Medical office share (50%)
− Marketing (30%)
Owner entity share (20%)
− Debt service (P&I on )
Owner entity cash flow (20% of net profit − debt service)
Year-one §168(k) deduction on this equipment: (100% of cost basis, including the financed portion) — usability subject to the §469, §465, and §461(l) rules discussed above. Break-even volume at these inputs: treatments/month.

Hypothetical model for illustration only — not a projection, guarantee, or offer. Actual reimbursement, utilization, costs, and tax outcomes vary.

Monthly cash waterfall — 2 treatments/day scenario (40/month)

Uses the price, COGS, and financing inputs above with volume fixed at ≈2 treatments/day, 5 days/week (≈40/month). Figures are monthly.

Federal Tax Savings Scenarios

What the deduction can be worth — by taxpayer profile

Two illustrative 2026 federal scenarios comparing single and married-filing-jointly outcomes, applying the §461(l) excess business loss limitation. Federal income tax only, using 2026 brackets and standard deduction (Rev. Proc. 2025-32).

Scenario 1 — W-2 wages / Roth conversion income

Wages and Roth conversion income are nonbusiness income, so §461(l) caps how much of the device loss can offset them in year one ($256,000 single / $512,000 joint for 2026). The disallowed portion isn't lost — it carries forward as an NOL.

Line itemSingleMarried Filing Jointly
Income (W-2 + Roth conversion)
Year-one §168(k) device loss
Loss usable in year one (§461(l) cap)
Carried forward as NOL
Federal tax without strategy
Federal tax with strategy
Year-one federal tax savings
Effective savings rate on usable loss
Tax savings vs. cash down payment
Net year-one benefit (savings − down payment)
Critical condition: this outcome requires the activity to be nonpassive — the owner materially participates in a service business, not a bare lease. A passive owner's loss offsets only passive income and produces $0 of current savings against wages or Roth conversions. The §461(l) carryforward retains value: the NOL offsets future income, including ongoing revenue share.

Scenario 2 — Business owner with pass-through business income

Device losses first offset other business income without any §461(l) cap — the limitation only applies to losses claimed against nonbusiness income. A business owner with $1.2M of business income absorbing a $1.2M three-device deduction faces no EBL limit at all.

Line itemSingleMarried Filing Jointly
Business income
Year-one §168(k) device deduction
Deduction usable in year one
Carried forward as NOL
Federal tax without strategy
Federal tax with strategy
Year-one federal tax savings
Effective savings rate on deduction used
Tax savings vs. cash down payment
Net year-one benefit (savings − down payment)
Financing per device: $400,000 cost, $50,000 down, 10-year term at 4% — annual debt service of per device, paid from the owner entity's revenue share. Material participation in the device activity is still required for nonpassive treatment.

Both scenarios are simplified federal illustrations: they apply 2026 brackets and the standard deduction only, and ignore QBI (§199A), AMT, self-employment and payroll tax, the net investment income tax, state income tax (many states decouple from bonus depreciation), and year-one operating results from the device. Depreciation is a deferral — §1245 recapture applies on disposition. Not tax advice; outcomes depend on individual facts. Consult your tax advisor.

FAQ

Common questions

No — and that distinction matters. Marketed deals where passive investors buy equipment chiefly to harvest depreciation are an IRS enforcement focus. This model is an operating business: equipment purchased at the retail market price in an arm's-length transaction, real staffing and billing operations, recourse financing, and a credible pre-tax profit objective. The tax treatment follows the economics, not the other way around.

The model is built for owners who materially participate — typically 100–500+ hours per year depending on which §469 test applies, with contemporaneous time logs. Owners who can't participate should expect passive treatment, which changes how losses can be used. We address this candidly in every consultation.

Medical equipment is generally 5-year MACRS property, well within §168(k)'s 20-year ceiling. Both the binding acquisition contract and the placed-in-service date must fall after January 19, 2025. Used and refurbished equipment qualifies if it's your first use and purchased arm's-length from an unrelated party.

Bonus depreciation reduces basis to zero, so gain on sale up to original cost is recaptured as ordinary income under §1245. The deduction is a deferral with real time-value benefits — not a permanent exclusion — and exit planning is part of every engagement.

Potentially, yes. Where referring physicians hold ownership, the Stark Law and Anti-Kickback Statute constrain per-use and revenue-share compensation. Every placement involving referral relationships is reviewed by healthcare regulatory counsel before signing.

Get Started

Request a consultation

Tell us about your situation and we'll schedule a call to walk through the model, the real numbers from live locations, and whether it fits your facts. Straight answers — including when it isn't the right move.

Schedule a Strategy Call

Book a 60-minute Medical Device Tax Strategy session directly on the calendar — or send us a message below.

chris@thetaxfirm.us  ·  (702) 498-2144

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Important Disclosures

MH Services LLC is not a law firm, accounting firm, or registered investment adviser, and nothing on this site is tax, legal, or investment advice. Tax outcomes depend on each owner's individual facts and circumstances, including characterization of the activity, material participation, at-risk amounts, the excess business loss limitation, state tax conformity, and depreciation recapture on disposition. Hypothetical examples are illustrations, not projections or guarantees. Equipment ownership involves genuine economic risk, including loss of capital, utilization shortfalls, and obsolescence. Prospective participants should consult their own qualified tax, legal, and healthcare regulatory advisors before entering any arrangement. Arrangements involving referring physicians are subject to the federal Stark Law and Anti-Kickback Statute.