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26-51-439. Capitalization of certain expenses.

Arkansas Code — all titles (historical 2020) · legal_authorities

26-51-439. Capitalization of certain expenses.

26-51-439. Capitalization of certain expenses. (a) Title 26 U.S.C. § 263A(a)-(h), as in effect on January 1, 2019, regarding capitalization and inclusion in inventory costs of certain expenses, are adopted for the purpose of computing Arkansas income tax liability. (b) Title 26 U.S.C. § 195, as in effect on January 1, 2001, regarding capitalization and amortization of a corporation's start-up expenses, is adopted for the purpose of computing Arkansas income tax liability. (c) Title 26 U.S.C. § 248, as in effect on January 1, 2005, regarding capitalization and amortization of a corporation's organizational expenses, is adopted for the purpose of computing Arkansas income tax liability. (d) Title 26 U.S.C. § 709, as in effect on January 1, 2007, regarding the amortization of partnership organizational expenses, is adopted for the purpose of computing Arkansas income tax liability.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-51-439

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:26-51-439
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 97b8419a1a1e0e40c32b26c03d2d02b9754710bef79ece3548873be53d4242f9

Source location: content.xml paragraph 12983

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26-51-439. Capitalization of certain expenses. (a) Title 26 U.S.C. § 263A(a)-(h), as in effect on January 1, 2019, regarding capitalization and inclusion in inventory costs of certain expenses, are adopted for the purpose of computing Arkansas income tax liability. (b) Title 26 U.S.C. § 195, as in effect on January 1, 2001, regarding capitalization and amortization of a corporation's start-up expenses, is adopted for the purpose of computing Arkansas income tax liability. (c) Title 26 U.S.C. § 248, as in effect on January 1, 2005, regarding capitalization and amortization of a corporation's organizational expenses, is adopted for the purpose of computing Arkansas income tax liability. (d) Title 26 U.S.C. § 709, as in effect on January 1, 2007, regarding the amortization of partnership organizational expenses, is adopted for the purpose of computing Arkansas income tax liability.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 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— (i) the amount of start-up expenditures with respect to the active trade or business, or (ii) $5,000, reduced (but not below zero) by the amount by which such start-up expenditures exceed $50,000, and (B) the remainder of such start-up expenditures shall be allowed as a deduction ratably over the 180-month period beginning with the month in which the active trade or business begins. (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. (3) **Special rule for taxable years beginning in 2010** — In the case of a taxable year beginning in 2010, paragraph (1)(A)(ii) shall be applied— (A) by substituting “$10,000” for “$5,000”, and (B) by substituting “$60,000” for “$50,000”. **(c) Definitions** For purposes of this section— (1) **Start-up expenditures** — The term “start-up expenditure” means any amount— (A) paid or incurred in connection with— (i) investigating the creation or acquisition of an active trade or business, or (ii) creating an active trade or business,

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 195

Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 195. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 195 — Start-up expenditures

Page 920 TITLE 26—INTERNAL REVENUE CODE § 194A EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97–354, set out as an Effective Date note under section 1361 of this title. EFFECTIVE DATE Pub. L. 96–451, title III, § 301(d), Oct. 14, 1980, 94 Stat. 1991, provided that: ‘‘The amendments made by this section [enacting this section and amending sections 62 and 1245 of this title] shall apply with respect to addi- tions to capital account made after December 31, 1979.’’ § 194A. Contributions to employer liability trusts (a) Allowance of deduction There shall be allowed as a deduction for the taxable year an amount equal to the amount— (1) which is contributed by an employer to a trust described in section 501(c)(22) (relating to withdrawal liability payment fund) which meets the requirements of section 4223(h) of the Employee Retirement Income Security Act of 1974, and (2) which is properly allocable to such tax- able year. (b) Allocation to taxable year In the case of a contribution described in sub- section (a) which relates to any specified period of time which includes more than one taxable year, the amount properly allocable to any tax- able year in such period shall be determined by prorating such amounts to such taxable years under regulations prescribed by the Secretary. (c) Disallowance of deduction No deduction shall be allowed under sub- section (a) with respect to any contribution de- scribed in subsection (a) which does not relate to any specified period of time. (Added Pub. L. 96–364, title II, § 209(c)(1), Sept. 26, 1980, 94 Stat. 1290, § 194; renumbered § 194A, Pub. L. 97–448, title III, § 305(b)(1), Jan. 12, 1983, 96 Stat. 2399.)

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 195

Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 195. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 248 — Organizational expenditures

**(a) Election to deduct** If a corporation elects the application of this subsection (in accordance with regulations prescribed by the Secretary) with respect to any organizational expenditures— (1) the corporation shall be allowed a deduction for the taxable year in which the corporation begins business in an amount equal to the lesser of— (A) the amount of organizational expenditures with respect to the taxpayer, or (B) $5,000, reduced (but not below zero) by the amount by which such organizational expenditures exceed $50,000, and (2) the remainder of such organizational expenditures shall be allowed as a deduction ratably over the 180-month period beginning with the month in which the corporation begins business. **(b) Organizational expenditures defined** The term “organizational expenditures” means any expenditure which— (1) is incident to the creation of the corporation; (2) is chargeable to capital account; and (3) is of a character which, if expended incident to the creation of a corporation having a limited life, would be amortizable over such life. **(c) Time for and scope of election** The election provided by subsection (a) may be made for any taxable year but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The period so elected shall be adhered to in computing the taxable income of the corporation for the taxable year for which the election is made and all subsequent taxable years.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 248

Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 248. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 248 — Organizational expenditures

Page 993 TITLE 26—INTERNAL REVENUE CODE § 248 sale or exchange of such property shall be treated as— (A) for such amount of the income or gain as is equal to or less than the amount of in- come which would be included in income at the time of contribution under subsection (f)(3) but for the taxpayer’s election under this subsection, ordinary income, and (B) for any amounts of the income or gain which are in excess of the amount of income which would be included in income at the time of contribution under subsection (f)(3) but for the taxpayer’s election under this subsection, having the same character as if this subsection did not apply. (3) Election (A) In general For each taxable year, a Settlement Trust may elect to apply this subsection for any property described in paragraph (1) which was contributed during such year. Any prop- erty to which the election applies shall be identified and described with reasonable par- ticularity on the income tax return or an amendment or supplement to the return of the Settlement Trust, with such election to have effect solely for such taxable year. (B) Revocation Any election made by a Settlement Trust pursuant to this subsection may be revoked pursuant to a timely filed amendment or supplement to the income tax return of such Settlement Trust. (C) Certain dispositions (i) In general In the case of any property for which an election is in effect under this subsection and which is disposed of within the first taxable year subsequent to the taxable year in which such property was contrib- uted to the Settlement Trust— (I) this section shall be applied as if the election under this subsection had not been made, (II) any income or gain which would have been included in the year of con- tribution u

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 248

Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 248. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 263A — Capitalization and inclusion in inventory costs of certain expenses

**(a) Nondeductibility of certain direct and indirect costs** (1) **In general** — In the case of any property to which this section applies, any costs described in paragraph (2)— (A) in the case of property which is inventory in the hands of the taxpayer, shall be included in inventory costs, and (B) in the case of any other property, shall be capitalized. (2) **Allocable costs** — The costs described in this paragraph with respect to any property are— (A) the direct costs of such property, and (B) such property’s proper share of those indirect costs (including taxes) part or all of which are allocable to such property. Any cost which (but for this subsection) could not be taken into account in computing taxable income for any taxable year shall not be treated as a cost described in this paragraph. **(b) Property to which section applies** Except as otherwise provided in this section, this section shall apply to— (1) **Property produced by taxpayer** — Real or tangible personal property produced by the taxpayer. (2) **Property acquired for resale** — Real or personal property described in section 1221(a)(1) which is acquired by the taxpayer for resale. For purposes of paragraph (1), the term “tangible personal property” shall include a film, sound recording, video tape, book, or similar property. **(c) General exceptions** (1) **Personal use property** — This section shall not apply to any property produced by the taxpayer for use by the taxpayer other than in a trade or business or an activity conducted for profit. (2) **Research and experimental expenditures** — This section shall not apply to any amount allowable as a deduction under section 174 or 174A. (3) **Certain development and other costs of oil and gas wells or other mineral property**

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 263A

Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 263A. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 263A — Capitalization and inclusion in inventory

Page 1002 TITLE 26—INTERNAL REVENUE CODE § 263A the expiration of the time for filing claim for credit or refund of any overpayment of tax imposed by chapter 1 of such Code [section 1 et seq. of this title] with re- spect to the taxpayer’s first taxable year to which the amendments made by this section apply and for which he pays or incurs costs to which such section 263(c) ap- plies by reason of the amendments made by this sec- tion. Any election under this paragraph may be changed or revoked at any time before the expiration of the time referred to in the preceding sentence, but after the expiration of such time such election may not be changed or revoked.’’ EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–455, title XIX, § 1904(b)(10)(A)(vii), Oct. 4, 1976, 90 Stat. 1817, provided that: ‘‘The amendments made by this subparagraph [amending this section and sections 6011, 6611, and 6651 of this title and repealing sections 6076 and 6680 of this title] shall apply with re- spect to acquisitions of stock or debt obligations made after June 30, 1974, except that the repeal of paragraph (2) of section 6011(d) under clause (ii) shall apply with respect to loans and commitments made after such date.’’ Amendment by section 2122(b)(2) of Pub. L. 94–455, as amended by Pub. L. 96–167, § 9(c), Dec. 29, 1979, 93 Stat. 1278, applicable to taxable years beginning after Dec. 31, 1976, see section 2122(c) of Pub. L. 94–455, as amend- ed, set out as an Effective Date note under section 190 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–178, title I, § 109(d)(2), (3), Dec. 10, 1971, 85 Stat. 509, provided that: ‘‘(2) The amendment made by subsection (b) [amend- ing this section] shall apply to taxable years ending after December 31, 1970. ‘‘(3) The ame

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 263A

Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 263A. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 709 — Treatment of organization and syndication fees

**(a) General rule** Except as provided in subsection (b), no deduction shall be allowed under this chapter to the partnership or to any partner for any amounts paid or incurred to organize a partnership or to promote the sale of (or to sell) an interest in such partnership. **(b) Deduction of organization fees** (1) **Allowance of deduction** — If a partnership elects the application of this subsection (in accordance with regulations prescribed by the Secretary) with respect to any organizational expenses— (A) the partnership shall be allowed a deduction for the taxable year in which the partnership begins business in an amount equal to the lesser of— (i) the amount of organizational expenses with respect to the partnership, or (ii) $5,000, reduced (but not below zero) by the amount by which such organizational expenses exceed $50,000, and (B) the remainder of such organizational expenses shall be allowed as a deduction ratably over the 180-month period beginning with the month in which the partnership begins business. (2) **Dispositions before close of amortization period** — In any case in which a partnership is liquidated before the end of the period to which paragraph (1)(B) applies, any deferred expenses attributable to the partnership which were not allowed as a deduction by reason of this section may be deducted to the extent allowable under section 165. (3) **Organizational expenses defined** — The organizational expenses to which paragraph (1) applies, are expenditures which— (A) are incident to the creation of the partnership; (B) are chargeable to capital account; and (C) are of a character which, if expended incident to the creation of a partnership having an ascertainable life, would be amortized over such life.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 709

Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 709. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 709 — Treatment of organization and syndication

Page 1873 TITLE 26—INTERNAL REVENUE CODE § 709 Pub. L. 99–514, title XVIII, § 1812(c)(3)(A), Oct. 22, 1986, 100 Stat. 2834, provided that the amendment made by that section is effective with respect to sales or ex- changes after Sept. 27, 1985. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. A, title I, § 73(b), July 18, 1984, 98 Stat. 592, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] shall apply— ‘‘(A) in the case of arrangements described in sec- tion 707(a)(2)(A) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by subsection (a)), to services performed or property transferred after February 29, 1984, and ‘‘(B) in the case of transfers described in section 707(a)(2)(B) of such Code (as so amended), to property transferred after March 31, 1984. ‘‘(2) BINDING CONTRACT EXCEPTION.—The amendment made by subsection (a) shall not apply to a transfer of property described in section 707(a)(2)(B)(i) if such transfer is pursuant to a binding contract in effect on March 31, 1984, and at all times thereafter before the transfer. ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS.—The amend- ment made by subsection (a) shall not apply to a trans- fer of property described in section 707(a)(2)(B)(i) that is made before December 31, 1984, if— ‘‘(A) such transfer was proposed in a written private offering memorandum circulated before February 28, 1984; ‘‘(B) the out-of-pocket costs incurred with respect to such offering exceeded $250,000 as of February 28, 1984; ‘‘(C) the encumbrances placed on such property in anticipation of such transfer all constitute obliga- tions for which neither the partnership nor any part- ner is li

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 709

Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 709. This identifies an authority to review, not proof of applicability.