Tony,
Check with your CPA. I don't think it is a state thing.
It's my understanding that Publication 587 of the Tax code that deals with deductions of business use of the home says that any depreciation claimed over the "allowed" amount is taxable at the sell of the home.
Even if that is not right, and ALL business related depreciation is taxable, you're still pushing out taxes to a future date which is usually what is advised by a good accountant.
The first $250,000 profit on the sale of a home (per spouse) is not taxable if I understand right. Meaning that you'd have to have a home worth more than 1.4m and run your business out of you home for many years before the depreciation would even come into effect.
Am I wrong in this?
EDITED LATER
It appears that after 1997 you would have to deduct your depreciation from the exempt amount of profit at the sale of the home. For example:
Good Scenario:
Your house is worth 300k
You depreciate 2k per year claiming half your house. (huge)
You sell the house after 20 years for $800k
You've deprecicated $40k over the years.
You and your spouse have profited $500k. You have to pay taxes on 40k of that $500k.
Bad Scenario
Your house is worth $300l
You depreciate 2k per year claming half your house
You sell the house after 20 yrs for $300k
You've depreciated $40k over the years.
You and your spouse profit nothing. You have to pay taxes on 40k.
What are the chances?
The writeoff still seems like a winner all around.