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Current deductions are not allowed for most expenses incurred while a business is still in the start-up phase. For tax purposes, the business must be functioning at the time the expenses are incurred. Many entrepreneurs may be unaware of this rule. This article explains the tax rules for start-up companies.

Starting up a business and wondering about how tax deductions will be handled? The most important thing to understand is that most expenses incurred before a business begins functioning cannot be deducted or amortized until the year when the business does become active.

Business Expense Basics

Section 162 of the Internal Revenue Code allows current deductions for so-called ordinary and necessary business expenses. Basically, Section 162 expenses are garden-variety expenses incurred in operating an up-and-running business. Examples include employee wages, rent, utilities, advertising and so forth. Such expenses can generally be deducted in the year when they are paid or incurred. However, many taxpayers are probably unaware that Section 162-type expenses incurred by a start-up operation cannot necessarily be deducted so quickly.

Section 195 Start-Up Expense Basics

Start-up expenses, which fall under Section 195 of the Internal Revenue Code, are Section 162-type ordinary and necessary business expenses incurred before the active conduct of the business begins. Such expenses include those incurred in connection with:

  • Investigating the creation or acquisition of a business;
  • Creating a new business; or
  • Any activity engaged in for profit before the day when the active conduct of business begins, in anticipation of such activity becoming an active business.

The current version of Section 195 allows taxpayers to deduct and/or amortize business start-up expenditures. Specifically, up to $5,000 of start-up expenses can be deducted in the year when active conduct of the business begins — but not before that year. However, the $5,000 allowance is reduced dollar for dollar by the amount of cumulative start-up expenditures in excess of $50,000. Any start-up expenses that cannot be deducted in the year when the active conduct of business begins are capitalized and amortized over 180 months, starting with the month when the active conduct of business begins.

Conclusion: The most important thing to understand here is that most expenses incurred before a business becomes active cannot be deducted or amortized until the year when the business does become active. In general, that means the year when the business has the pieces in place to actually begin earning revenue.

If the taxpayer files a return that mischaracterizes Section 195 start-up expenses as garden-variety Section 162 expenses and deducts them too soon, the taxpayer is using an impermissible tax accounting method for those expenses. Then, the taxpayer must make an accounting method change to correct the treatment of those expenses. That requires IRS permission and can be a difficult process. The same hassle applies if the taxpayer makes a wrong determination of the year when the active conduct of business begins and therefore deducts or amortizes Section 195 start-up expenses too soon.

If you are involved with a start-up operation, consult with your tax advisor early in the game and before filing any tax returns. That way, you can obtain the best tax results without hassling with the IRS.

Our firm provides the information in this e-newsletter for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation.Tax articles in this e-newsletter are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer.The information is provided “as is,” with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

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