26 U.S. Code § 195 - Start-up expenditures
(a) Capitalization of expenditures
Except as otherwise provided in this section, no deduction shall be allowed for start-up expenditures.
(b) Election to deduct
(1) Allowance of deduction
If a taxpayer elects the application of this subsection with respect to any start-up expenditures—
(A) the taxpayer shall be allowed a deduction for the taxable year in which the active trade or business begins in an amount equal to the lesser of—
(2) Dispositions before close of amortization period
In any case in which a trade or business is completely disposed of by the taxpayer before the end of the period to which paragraph (1) applies, any deferred expenses attributable to such trade or business which were not allowed as a deduction by reason of this section may be deducted to the extent allowable under section 165.
For purposes of this section—
(1) Start-up expenditures
The term “start-up expenditure” means any amount—
(A) paid or incurred in connection with—
(B) which, if paid or incurred in connection with the operation of an existing active trade or business (in the same field as the trade or business referred to in subparagraph (A)), would be allowable as a deduction for the taxable year in which paid or incurred.
(2) Beginning of trade or business
(A) In general
Except as provided in subparagraph (B), the determination of when an active trade or business begins shall be made in accordance with such regulations as the Secretary may prescribe.
(1) Time for making election
An election under subsection (b) shall be made not later than the time prescribed by law for filing the return for the taxable year in which the trade or business begins (including extensions thereof).
Source(Added Pub. L. 96–605, title I, § 102(a),Dec. 28, 1980, 94 Stat. 3522; amended Pub. L. 98–369, div. A, title I, § 94(a),July 18, 1984, 98 Stat. 614; Pub. L. 108–357, title VIII, § 902(a),Oct. 22, 2004, 118 Stat. 1651; Pub. L. 111–240, title II, § 2031(a),Sept. 27, 2010, 124 Stat. 2559.)
2010—Subsec. (b)(3). Pub. L. 111–240added par. (3).
2004—Subsec. (b). Pub. L. 108–357, § 902(a)(2), substituted “deduct” for “amortize” in heading.
Subsec. (b)(1). Pub. L. 108–357, § 902(a)(1), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “Start-up expenditures may, at the election of the taxpayer, be treated as deferred expenses. Such deferred expenses shall be allowed as a deduction prorated equally over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the active trade or business begins).”
1984—Subsec. (a). Pub. L. 98–369amended subsec. (a) generally, substituting provisions dealing with capitalization of expenditures for provisions dealing with election to amortize.
Subsec. (b). Pub. L. 98–369amended subsec. (b) generally, substituting provisions dealing with election to amortize for provisions dealing with start-up expenditures.
Subsec. (c). Pub. L. 98–369amended subsec. (c) generally, substituting provisions setting forth definitions for provisions dealing with election.
Subsec. (d). Pub. L. 98–369amended subsec. (d) generally, substituting provisions dealing with election for provisions dealing with business beginning.
Effective Date of 2010 Amendment
Pub. L. 111–240, title II, § 2031(b),Sept. 27, 2010, 124 Stat. 2559, provided that: “The amendment made by this section [amending this section] shall apply to amounts paid or incurred in taxable years beginning after December 31, 2009.”
Effective Date of 2004 Amendment
Pub. L. 108–357, title VIII, § 902(d),Oct. 22, 2004, 118 Stat. 1652, provided that: “The amendments made by this section [amending this section and sections 248 and 709 of this title] shall apply to amounts paid or incurred after the date of the enactment of this Act [Oct. 22, 2004].”
Effective Date of 1984 Amendment
Pub. L. 98–369, div. A, title I, § 94(c),July 18, 1984, 98 Stat. 615, provided that: “The amendments made by this section [amending this section] shall apply to taxable years beginning after June 30, 1984.”
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