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Capital Expenditure Code Section 162-3

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Thank you for requesting my advice on the new rules and regulations for the tax treatment of deducting business expenses and capitalizing acquisition costs of tangible properties. I am writing you this letter to summarize the new regulations that became effective on January 1, 2014, to identify the areas that Patriot might not be in compliance with the new regulations and to correct any deficiencies. After a thorough review of the repair regulations on trade or business expenses code section (§162) and capital expenditure code section (§263), I have summarized the regulations that may apply to Patriot for your reference. According to Reg. §1.162-3, businesses are allowed to deduct materials and supplies costs. Materials and supplies are defined …show more content…

If an item meets one of those requirements, the company can deduct the cost of the item during the year in which the item is first used or consumed. If not, the company generally needs to “capitalize the amounts paid to acquire or produce tangible property” under Reg. §1.263(a)-1. However, there is also an exception called de minimis safe harbor election under the Reg. §1.263(a)-1(f). In order to utilize this election, a company must have written accounting procedures in place before January 1, 2014, The written accounting procedures must clarify that for non-tax purposes the company expenses items with the amount paid to a property costing less than a specific amount of money or a property with economic useful life of 12 months or less. The election provides business with the option to expense/deduct annually up to $5,000 per item/invoice if the company has an applicable financial statement (AFS), or up to $500 per item/invoice if the company does not have an AFS. An AFS is defined in

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