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2012 Tax Form 1040x

Amendment Tax ReturnH & R Block Online TaxesTax Form 1040 EzFree Tax Act 2012Free Income Tax FormsCan You File 2011 Taxes Online1040 Ez Tax Forms2012 Tax Forms 1040 InstructionsTax Act 2012 Login Return UserHttps Www Freefilefillableforms Com Ffa Checkstatus HtmAmend Income Tax ReturnFree Taxes For 20121040 Ez 2012Irs TaxHow Do I File My 2012 Taxes LateIrs2005 Tax ReturnH&r Block Online 1040xOnline 1040ez FormAmend A Return2012 Irs FormsFree Turbo Tax For Low IncomeCan I Amend My Tax ReturnWww H And R Block Com1040 Easy FormHow To File 2011 Taxes OnlineFiling State TaxState Tax Return 2013Irs.gov 1040xAmended Tax FormsEfile 1040x Form1040 Tax FormFiling Amended Tax ReturnIrs Gov Form 1040x2010 Tax FormsForm 1040 Schedule AFiling 2010 Taxes Online1040ez OnlineState Tax Forms 2012Amendment Tax Return

2012 Tax Form 1040x

2012 tax form 1040x Index A Alternative annuity option How to report, How to report. 2012 tax form 1040x Lump-sum payment, Alternative Annuity Option Annual leave, Annual leave. 2012 tax form 1040x Annuity Starting date, Annuity starting date. 2012 tax form 1040x Statement, Annuity statement. 2012 tax form 1040x With survivor benefit, CSRS or FERS Survivor Annuity Without survivor benefit, Choosing a survivor annuity after retirement. 2012 tax form 1040x Assistance (see Tax help) B Benefits, how to report, How To Report Benefits C Child's temporary annuity, Surviving spouse with child. 2012 tax form 1040x Community property laws, Community property laws. 2012 tax form 1040x Contributions, refund of, Refund of Contributions Cost (contributions to retirement plan), Your cost. 2012 tax form 1040x Credit for the elderly or the disabled, Credit for the Elderly or the Disabled D Death benefit, FERS Death Benefit Deduction for estate tax, Income Tax Deduction for Estate Tax Paid Disability retirement, Part III Rules for Disability Retirement and Credit for the Elderly or the Disabled Disabled child, Disabled child. 2012 tax form 1040x Distributions Qualified domestic relations order (QDRO), Qualified domestic relations order (QDRO). 2012 tax form 1040x Withholding from TSP payments, Withholding from certain lump-sum payments. 2012 tax form 1040x E Estate tax, Federal Estate Tax, Income Tax Deduction for Estate Tax Paid Estimated tax, Tax Withholding and Estimated Tax, Estimated tax. 2012 tax form 1040x F Federal Employees' Compensation Act (FECA), Federal Employees' Compensation Act (FECA). 2012 tax form 1040x Filing requirements, Filing Requirements Form 1099-R, Withholding from Thrift Savings Plan payments. 2012 tax form 1040x CSA 1099R, Form CSA 1099R. 2012 tax form 1040x CSF 1099R, Form CSF 1099R. 2012 tax form 1040x W-4P-A, Withholding certificate. 2012 tax form 1040x Free tax services, Free help with your tax return. 2012 tax form 1040x G General Rule, General Rule, General Rule. 2012 tax form 1040x Gift tax, Federal Gift Tax H Help (see Tax help) I Income in respect of a decedent, Income Tax Deduction for Estate Tax Paid Income tax withholding, Tax Withholding and Estimated Tax, Withholding. 2012 tax form 1040x L Lump-sum CSRS or FERS payment, Lump-Sum CSRS or FERS Payment, Lump-Sum CSRS or FERS Payment Lump-sum payment Alternative annuity option, Alternative Annuity Option Installments, Lump-sum payment in installments. 2012 tax form 1040x Withholding, Withholding from certain lump-sum payments. 2012 tax form 1040x M Mandatory retirement age, Mandatory retirement age. 2012 tax form 1040x Marital deduction, Marital deduction. 2012 tax form 1040x Minimum retirement age, Minimum retirement age. 2012 tax form 1040x N Nonresident alien retiree, Nonresident Aliens P Permanently and totally disabled, Permanently and totally disabled. 2012 tax form 1040x Physician's statement, Physician's statement. 2012 tax form 1040x Public safety officers Dependents, Dependents of public safety officers. 2012 tax form 1040x Insurance premiums, Distributions Used To Pay Insurance Premiums for Public Safety Officers Survivors, Survivors of Slain Public Safety Officers Publications (see Tax help) Q Qualified domestic relations order (QDRO), Qualified domestic relations order (QDRO). 2012 tax form 1040x R Reemployment after retirement, Reemployment After Retirement Refund of contributions, Refund of Contributions Retirees, rules for, Part II Rules for Retirees Retirement during the past year, Retirement During the Past Year Rollovers Nonspouse beneficiary, Rollovers by nonspouse beneficiary. 2012 tax form 1040x Rollover rules, Rollover Rules To Roth IRAs, Rollovers to Roth IRAs Roth Thrift Savings Plan, Roth TSP balance. 2012 tax form 1040x S Simplified Method, Simplified Method, Simplified Method. 2012 tax form 1040x Substantial gainful activity, Permanently and totally disabled. 2012 tax form 1040x Survivor annuity, Choosing a survivor annuity after retirement. 2012 tax form 1040x , CSRS or FERS Survivor Annuity, CSRS or FERS Survivor Annuity Survivors of federal employees, Part IV Rules for Survivors of Federal Employees Survivors of federal retirees, Part V Rules for Survivors of Federal Retirees T Tax help, How To Get Tax Help Thrift Savings Plan, Thrift Savings Plan. 2012 tax form 1040x , Thrift Savings Plan Roth option, Roth TSP balance. 2012 tax form 1040x TTY/TDD information, How To Get Tax Help U Uniformed services Thrift Savings Plan, Reminders Unused annual leave, Payment for unused annual leave. 2012 tax form 1040x V Voluntary contributions, Voluntary contributions. 2012 tax form 1040x , Voluntary contributions. 2012 tax form 1040x , Voluntary Contributions W Withholding certificate, Withholding certificate. 2012 tax form 1040x Withholding of income tax, Tax Withholding and Estimated Tax, Withholding. 2012 tax form 1040x Worksheets Lump-sum payment at end of survivor annuity, Lump-sum payment at end of survivor annuity. 2012 tax form 1040x Lump-sum payment to the estate or other beneficiary, Lump-Sum CSRS or FERS Payment Nonresident alien retiree, Nonresident Aliens Simplified Method, Worksheet A. 2012 tax form 1040x Simplified Method Prev  Up     Home   More Online Publications
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Contact My Local Office in New Jersey

Face-to-face Tax Help

IRS Taxpayer Assistance Centers (TACs) are your source for personal tax help when you believe your tax issue can only be handled face-to-face. No appointment is necessary.

Keep in mind, many questions can be resolved online without waiting in line. Through IRS.gov you can:
• Set up a payment plan.
• Get a transcript of your tax return.
• Make a payment.
• Check on your refund.
• Find answers to many of your tax questions.

We are now referring all requests for tax return preparation services to other available resources. You can take advantage of free tax preparation through Free File, Free File Fillable Forms or through a volunteer site in your community. To find the nearest volunteer site location or to get more information about Free File, go to the top of the page and enter “Free Tax Help” in the Search box.

If you have a tax account issues and feel that it requires talking with someone face-to-face, visit your local TAC.

Caution:  Many of our offices are located in Federal Office Buildings. These buildings may not allow visitors to bring in cell phones with camera capabilities.

Multilingual assistance is available in every office. Hours of operation are subject to change.

Before visiting your local office click on "Services Provided" in the chart below to see what services are available. Services are limited and not all services are available at every TAC office and may vary from site to site. You can get these services on a walk-in basis.

City Street Address Days/Hours of Service Telephone*
Cherry Hill 57 Haddonfield Rd.
Cherry Hill, NJ 08002

Monday-Friday - 8:30 a.m. - 4:30 p.m.


Services Provided

(856) 321-1328
Edison 100 Dey Place
Edison, NJ 08817

Monday-Friday - 8:30 a.m. - 4:30 p.m.


Services Provided

(732) 572-9752
Freehold 4 Paragon Way
Freehold, NJ 07728

Monday-Friday - 8:30 a.m. - 4:30 p.m.
 

Services Provided

(732) 660-0063
Mays Landing 5218 Atlantic Ave.
Mays Landing, NJ 08330

Monday-Friday - 8:30 a.m. - 4:30 p.m.
(Closed for lunch 12:30 p.m. - 1:30 p.m.)


Services Provided

(609) 625-0678 
Mountainside  200 Sheffield St.
Mountainside, NJ 07092 

Monday-Friday - 8:30 a.m. - 4:30 p.m.


Services Provided

(908) 301-2112 
Newark  20 Washington Place
Newark, NJ 07102 

Monday-Friday - 8:30 a.m. - 4:30 p.m.
 

Services Provided

(973) 645-6690 
Paramus  1 Kalisa Way
Paramus, NJ 07652 

Monday-Friday - 8:30 a.m. - 4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**


Services Provided

(201) 634-7052 
Parsippany  1719-C Rte. 10
Parsippany, NJ 07054 

Monday-Friday - 8:30 a.m. - 4:30 p.m.


Services Provided

(973) 808-0821 
Paterson  200 Federal Plaza
Paterson, NJ 07505 

Monday-Friday - 8:30 a.m. - 4:30 p.m.


Services Provided

(973) 357-4114 
Trenton  One State St. Square
50 West State St. 
Trenton, NJ 08608 

Monday-Friday - 8:30 a.m. - 4:30 p.m.


Services Provided

(609) 989-0533 

* Note: The phone numbers in the chart above are not toll-free for all locations. When you call, you will reach a recorded business message with information about office hours, locations and services provided in that office. If face-to-face assistance is not a priority for you, you may also get help with IRS letters or resolve tax account issues by phone, toll free at 1-800-829-1040 (individuals) or 1-800-829-4933 (businesses).


For information on where to file your tax return please see Where to File Addresses.

The Taxpayer Advocate Service: Call (973) 921-4043 in Springfield or 1-877-777-4778 elsewhere, or see Publication 1546, The Taxpayer Advocate Service of the IRS.

For further information, see Tax Topic 104.

Partnerships

IRS and organizations all over the country are partnering to assist taxpayers. Through these partnerships, organizations are also achieving their own goals. These mutually beneficial partnerships are strengthening outreach efforts and bringing education and assistance to millions.

For more information about these programs for individuals and families, contact the Stakeholder Partnerships, Education and Communication Office at:

Internal Revenue Service
20 Washington Place
First Floor
Newark, NJ 07102

For more information about these programs for businesses, your local Stakeholder Liaison office establishes relationships with organizations representing small business and self-employed taxpayers. They provide information about the policies, practices and procedures the IRS uses to ensure compliance with the tax laws. To establish a relationship with us, use this list to find a contact in your state:

Stakeholder Liaison (SL) Phone Numbers for Organizations Representing Small Businesses and Self-employed Taxpayers.

Page Last Reviewed or Updated: 28-Mar-2014

The 2012 Tax Form 1040x

2012 tax form 1040x 8. 2012 tax form 1040x   Amortization Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: How To Deduct Amortization Starting a BusinessBusiness Start-Up Costs Costs of Organizing a Corporation Costs of Organizing a Partnership How To Amortize Getting a Lease Section 197 IntangiblesSection 197 Intangibles Defined Assets That Are Not Section 197 Intangibles Safe Harbor for Creative Property Costs Anti-Churning Rules Incorrect Amount of Amortization Deducted Disposition of Section 197 Intangibles Reforestation Costs Geological and Geophysical Costs Pollution Control FacilitiesNew identifiable treatment facility. 2012 tax form 1040x Research and Experimental Costs Optional Write-off of Certain Tax Preferences Introduction Amortization is a method of recovering (deducting) certain capital costs over a fixed period of time. 2012 tax form 1040x It is similar to the straight line method of depreciation. 2012 tax form 1040x The various amortizable costs covered in this chapter are included in the list below. 2012 tax form 1040x However, this chapter does not discuss amortization of bond premium. 2012 tax form 1040x For information on that topic, see chapter 3 of Publication 550, Investment Income and Expenses. 2012 tax form 1040x Topics - This chapter discusses: Deducting amortization Amortizing costs of starting a business Amortizing costs of getting a lease Amortizing costs of section 197 intangibles Amortizing reforestation costs Amortizing costs of geological and geophysical costs Amortizing costs of pollution control facilities Amortizing costs of research and experimentation Amortizing costs of certain tax preferences Useful Items - You may want to see: Publication 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 946 How To Depreciate Property Form (and Instructions) 4562 Depreciation and Amortization 4626 Alternative Minimum Tax—Corporations 6251 Alternative Minimum Tax—Individuals See chapter 12 for information about getting publications and forms. 2012 tax form 1040x How To Deduct Amortization To deduct amortization that begins during the current tax year, complete Part VI of Form 4562 and attach it to your income tax return. 2012 tax form 1040x To report amortization from previous years, in addition to amortization that begins in the current year, list on Form 4562 each item separately. 2012 tax form 1040x For example, in 2012, you began to amortize a lease. 2012 tax form 1040x In 2013, you began to amortize a second lease. 2012 tax form 1040x Report amortization from the new lease on line 42 of your 2013 Form 4562. 2012 tax form 1040x Report amortization from the 2012 lease on line 43 of your 2013 Form 4562. 2012 tax form 1040x If you do not have any new amortizable expenses for the current year, you are not required to complete Form 4562 (unless you are claiming depreciation). 2012 tax form 1040x Report the current year's deduction for amortization that began in a prior year directly on the “Other deduction” or “Other expense line” of your return. 2012 tax form 1040x Starting a Business When you start a business, treat all eligible costs you incur before you begin operating the business as capital expenditures which are part of your basis in the business. 2012 tax form 1040x Generally, you recover costs for particular assets through depreciation deductions. 2012 tax form 1040x However, you generally cannot recover other costs until you sell the business or otherwise go out of business. 2012 tax form 1040x For a discussion on how to treat these costs, see If your attempt to go into business is unsuccessful under Capital Expenses in chapter 1. 2012 tax form 1040x For costs paid or incurred after September 8, 2008, you can deduct a limited amount of start-up and organizational costs. 2012 tax form 1040x The costs that are not deducted currently can be amortized ratably over a 180-month period. 2012 tax form 1040x The amortization period starts with the month you begin operating your active trade or business. 2012 tax form 1040x You are not required to attach a statement to make this election. 2012 tax form 1040x You can choose to forgo this election by affirmatively electing to capitalize your start-up costs on your income tax return filed by the due date (including extensions) for the tax year in which the active trade or business begins. 2012 tax form 1040x Once made, the election to either amortize or capitalize start-up costs is irrevocable and applies to all start-up costs that are related to your trade or business. 2012 tax form 1040x See Regulations sections 1. 2012 tax form 1040x 195-1, 1. 2012 tax form 1040x 248-1, and 1. 2012 tax form 1040x 709-1. 2012 tax form 1040x For costs paid or incurred after October 22, 2004, and before September 9, 2008, you can elect to deduct a limited amount of business start-up and organizational costs in the year your active trade or business begins. 2012 tax form 1040x Any costs not deducted can be amortized ratably over a 180-month period, beginning with the month you begin business. 2012 tax form 1040x If the election is made, you must attach any statement required by Regulations sections 1. 2012 tax form 1040x 195-1(b), 1. 2012 tax form 1040x 248-1(c), and 1. 2012 tax form 1040x 709-1(c), as in effect before September 9, 2008. 2012 tax form 1040x Note. 2012 tax form 1040x You can apply the provisions of Regulations sections 1. 2012 tax form 1040x 195-1, 1. 2012 tax form 1040x 248-1, and 1. 2012 tax form 1040x 709-1 to all business start-up and organizational costs paid or incurred after October 22, 2004, provided the period of limitations on assessment has not expired for the year of the election. 2012 tax form 1040x Otherwise, the provisions under Regulations sections 1. 2012 tax form 1040x 195-1(b), 1. 2012 tax form 1040x 248-1(c), and 1. 2012 tax form 1040x 709-1(c), as in effect before September 9, 2008, will apply. 2012 tax form 1040x For costs paid or incurred before October 23, 2004, you can elect to amortize business start-up and organization costs over an amortization period of 60 months or more. 2012 tax form 1040x See How To Make the Election , later. 2012 tax form 1040x The cost must qualify as one of the following. 2012 tax form 1040x A business start-up cost. 2012 tax form 1040x An organizational cost for a corporation. 2012 tax form 1040x An organizational cost for a partnership. 2012 tax form 1040x Business Start-Up Costs Start-up costs are amounts paid or incurred for: (a) creating an active trade or business; or (b) investigating the creation or acquisition of an active trade or business. 2012 tax form 1040x Start-up costs include amounts paid or incurred in connection with an existing activity engaged in for profit; and for the production of income in anticipation of the activity becoming an active trade or business. 2012 tax form 1040x Qualifying costs. 2012 tax form 1040x   A start-up cost is amortizable if it meets both of the following tests. 2012 tax form 1040x It is a cost you could deduct if you paid or incurred it to operate an existing active trade or business (in the same field as the one you entered into). 2012 tax form 1040x It is a cost you pay or incur before the day your active trade or business begins. 2012 tax form 1040x   Start-up costs include amounts paid for the following: An analysis or survey of potential markets, products, labor supply, transportation facilities, etc. 2012 tax form 1040x Advertisements for the opening of the business. 2012 tax form 1040x Salaries and wages for employees who are being trained and their instructors. 2012 tax form 1040x Travel and other necessary costs for securing prospective distributors, suppliers, or customers. 2012 tax form 1040x Salaries and fees for executives and consultants, or for similar professional services. 2012 tax form 1040x Nonqualifying costs. 2012 tax form 1040x   Start-up costs do not include deductible interest, taxes, or research and experimental costs. 2012 tax form 1040x See Research and Experimental Costs , later. 2012 tax form 1040x Purchasing an active trade or business. 2012 tax form 1040x   Amortizable start-up costs for purchasing an active trade or business include only investigative costs incurred in the course of a general search for or preliminary investigation of the business. 2012 tax form 1040x These are costs that help you decide whether to purchase a business. 2012 tax form 1040x Costs you incur in an attempt to purchase a specific business are capital expenses that you cannot amortize. 2012 tax form 1040x Example. 2012 tax form 1040x On June 1st, you hired an accounting firm and a law firm to assist you in the potential purchase of XYZ, Inc. 2012 tax form 1040x They researched XYZ's industry and analyzed the financial projections of XYZ, Inc. 2012 tax form 1040x In September, the law firm prepared and submitted a letter of intent to XYZ, Inc. 2012 tax form 1040x The letter stated that a binding commitment would result only after a purchase agreement was signed. 2012 tax form 1040x The law firm and accounting firm continued to provide services including a review of XYZ's books and records and the preparation of a purchase agreement. 2012 tax form 1040x On October 22nd, you signed a purchase agreement with XYZ, Inc. 2012 tax form 1040x All amounts paid or incurred to investigate the business before October 22nd are amortizable investigative costs. 2012 tax form 1040x Amounts paid on or after that date relate to the attempt to purchase the business and therefore must be capitalized. 2012 tax form 1040x Disposition of business. 2012 tax form 1040x   If you completely dispose of your business before the end of the amortization period, you can deduct any remaining deferred start-up costs. 2012 tax form 1040x However, you can deduct these deferred start-up costs only to the extent they qualify as a loss from a business. 2012 tax form 1040x Costs of Organizing a Corporation Amounts paid to organize a corporation are the direct costs of creating the corporation. 2012 tax form 1040x Qualifying costs. 2012 tax form 1040x   To qualify as an organizational cost, it must be: For the creation of the corporation, Chargeable to a capital account (see chapter 1), Amortized over the life of the corporation if the corporation had a fixed life, and Incurred before the end of the first tax year in which the corporation is in business. 2012 tax form 1040x   A corporation using the cash method of accounting can amortize organizational costs incurred within the first tax year, even if it does not pay them in that year. 2012 tax form 1040x   Examples of organizational costs include: The cost of temporary directors. 2012 tax form 1040x The cost of organizational meetings. 2012 tax form 1040x State incorporation fees. 2012 tax form 1040x The cost of legal services. 2012 tax form 1040x Nonqualifying costs. 2012 tax form 1040x   The following items are capital expenses that cannot be amortized: Costs for issuing and selling stock or securities, such as commissions, professional fees, and printing costs. 2012 tax form 1040x Costs associated with the transfer of assets to the corporation. 2012 tax form 1040x Costs of Organizing a Partnership The costs to organize a partnership are the direct costs of creating the partnership. 2012 tax form 1040x Qualifying costs. 2012 tax form 1040x   A partnership can amortize an organizational cost only if it meets all the following tests. 2012 tax form 1040x It is for the creation of the partnership and not for starting or operating the partnership trade or business. 2012 tax form 1040x It is chargeable to a capital account (see chapter 1). 2012 tax form 1040x It could be amortized over the life of the partnership if the partnership had a fixed life. 2012 tax form 1040x It is incurred by the due date of the partnership return (excluding extensions) for the first tax year in which the partnership is in business. 2012 tax form 1040x However, if the partnership uses the cash method of accounting and pays the cost after the end of its first tax year, see Cash method partnership under How To Amortize, later. 2012 tax form 1040x It is for a type of item normally expected to benefit the partnership throughout its entire life. 2012 tax form 1040x   Organizational costs include the following fees. 2012 tax form 1040x Legal fees for services incident to the organization of the partnership, such as negotiation and preparation of the partnership agreement. 2012 tax form 1040x Accounting fees for services incident to the organization of the partnership. 2012 tax form 1040x Filing fees. 2012 tax form 1040x Nonqualifying costs. 2012 tax form 1040x   The following costs cannot be amortized. 2012 tax form 1040x The cost of acquiring assets for the partnership or transferring assets to the partnership. 2012 tax form 1040x The cost of admitting or removing partners, other than at the time the partnership is first organized. 2012 tax form 1040x The cost of making a contract concerning the operation of the partnership trade or business including a contract between a partner and the partnership. 2012 tax form 1040x The costs for issuing and marketing interests in the partnership such as brokerage, registration, and legal fees and printing costs. 2012 tax form 1040x These “syndication fees” are capital expenses that cannot be depreciated or amortized. 2012 tax form 1040x Liquidation of partnership. 2012 tax form 1040x   If a partnership is liquidated before the end of the amortization period, the unamortized amount of qualifying organizational costs can be deducted in the partnership's final tax year. 2012 tax form 1040x However, these costs can be deducted only to the extent they qualify as a loss from a business. 2012 tax form 1040x How To Amortize Deduct start-up and organizational costs in equal amounts over the applicable amortization period (discussed earlier). 2012 tax form 1040x You can choose an amortization period for start-up costs that is different from the period you choose for organizational costs, as long as both are not less than the applicable amortization period. 2012 tax form 1040x Once you choose an amortization period, you cannot change it. 2012 tax form 1040x To figure your deduction, divide your total start-up or organizational costs by the months in the amortization period. 2012 tax form 1040x The result is the amount you can deduct for each month. 2012 tax form 1040x Cash method partnership. 2012 tax form 1040x   A partnership using the cash method of accounting can deduct an organizational cost only if it has been paid by the end of the tax year. 2012 tax form 1040x However, any cost the partnership could have deducted as an organizational cost in an earlier tax year (if it had been paid that year) can be deducted in the tax year of payment. 2012 tax form 1040x How To Make the Election To elect to amortize start-up or organizational costs, you must complete and attach Form 4562 to your return for the first tax year you are in business. 2012 tax form 1040x You may also be required to attach an accompanying statement (described later) to your return. 2012 tax form 1040x For start-up or organizational costs paid or incurred after September 8, 2008, an accompanying statement is not required. 2012 tax form 1040x Generally, for start-up or organizational costs paid or incurred before September 9, 2008, and after October 22, 2004, unless you choose to apply Regulations sections 1. 2012 tax form 1040x 195-1, 1. 2012 tax form 1040x 248-1, and 1. 2012 tax form 1040x 709-1, you must also attach an accompanying statement to elect to amortize the costs. 2012 tax form 1040x If you have both start-up and organizational costs, attach a separate statement (if required) to your return for each type of cost. 2012 tax form 1040x See Starting a Business , earlier, for more information. 2012 tax form 1040x Generally, you must file the return by the due date (including any extensions). 2012 tax form 1040x However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). 2012 tax form 1040x For more information, see the instructions for Part VI of Form 4562. 2012 tax form 1040x You can choose to forgo the election to amortize by affirmatively electing to capitalize your start-up or organizational costs on your income tax return filed by the due date (including extensions) for the tax year in which the active trade or business begins. 2012 tax form 1040x Note. 2012 tax form 1040x The election to either amortize or capitalize start-up or organizational costs is irrevocable and applies to all start-up and organizational costs that are related to the trade or business. 2012 tax form 1040x If your business is organized as a corporation or partnership, only the corporation or partnership can elect to amortize its start-up or organizational costs. 2012 tax form 1040x A shareholder or partner cannot make this election. 2012 tax form 1040x You, as a shareholder or partner, cannot amortize any costs you incur in setting up your corporation or partnership. 2012 tax form 1040x Only the corporation or partnership can amortize these costs. 2012 tax form 1040x However, you, as an individual, can elect to amortize costs you incur to investigate an interest in an existing partnership. 2012 tax form 1040x These costs qualify as business start-up costs if you acquire the partnership interest. 2012 tax form 1040x Start-up costs election statement. 2012 tax form 1040x   If you elect to amortize your start-up costs, attach a separate statement (if required) that contains the following information. 2012 tax form 1040x A description of the business to which the start-up costs relate. 2012 tax form 1040x A description of each start-up cost incurred. 2012 tax form 1040x The month your active business began (or was acquired). 2012 tax form 1040x The number of months in your amortization period (which is generally 180 months). 2012 tax form 1040x Filing the statement early. 2012 tax form 1040x   You can elect to amortize your start-up costs by filing the statement with a return for any tax year before the year your active business begins. 2012 tax form 1040x If you file the statement early, the election becomes effective in the month of the tax year your active business begins. 2012 tax form 1040x Revised statement. 2012 tax form 1040x   You can file a revised statement to include any start-up costs not included in your original statement. 2012 tax form 1040x However, you cannot include on the revised statement any cost you previously treated on your return as a cost other than a start-up cost. 2012 tax form 1040x You can file the revised statement with a return filed after the return on which you elected to amortize your start-up costs. 2012 tax form 1040x Organizational costs election statement. 2012 tax form 1040x   If you elect to amortize your corporation's or partnership's organizational costs, attach a separate statement (if required) that contains the following information. 2012 tax form 1040x A description of each cost. 2012 tax form 1040x The amount of each cost. 2012 tax form 1040x The date each cost was incurred. 2012 tax form 1040x The month your corporation or partnership began active business (or acquired the business). 2012 tax form 1040x The number of months in your amortization period (which is generally 180 months). 2012 tax form 1040x Partnerships. 2012 tax form 1040x   The statement prepared for a cash basis partnership must also indicate the amount paid before the end of the year for each cost. 2012 tax form 1040x   You do not need to separately list any partnership organizational cost that is less than $10. 2012 tax form 1040x Instead, you can list the total amount of these costs with the dates the first and last costs were incurred. 2012 tax form 1040x   After a partnership makes the election to amortize organizational costs, it can later file an amended return to include additional organizational costs not included in the partnership's original return and statement. 2012 tax form 1040x Getting a Lease If you get a lease for business property, you may recover the cost of acquiring the lease by amortizing it over the term of the lease. 2012 tax form 1040x The term of the lease for amortization purposes generally includes all renewal options (and any other period for which you and the lessor reasonably expect the lease to be renewed). 2012 tax form 1040x However, renewal periods are not included if 75% or more of the cost of acquiring the lease is for the term of the lease remaining on the acquisition date (not including any period for which you may choose to renew, extend, or continue the lease). 2012 tax form 1040x For more information on the costs of getting a lease, see Cost of Getting a Lease in  chapter 3. 2012 tax form 1040x How to amortize. 2012 tax form 1040x   Enter your deduction in Part VI of Form 4562 if you are deducting amortization that begins during the current year, or on the appropriate line of your tax return if you are not otherwise required to file Form 4562. 2012 tax form 1040x Section 197 Intangibles Generally, you may amortize the capitalized costs of “section 197 intangibles” (defined later) ratably over a 15-year period. 2012 tax form 1040x You must amortize these costs if you hold the section 197 intangibles in connection with your trade or business or in an activity engaged in for the production of income. 2012 tax form 1040x You may not be able to amortize section 197 intangibles acquired in a transaction that did not result in a significant change in ownership or use. 2012 tax form 1040x See Anti-Churning Rules, later. 2012 tax form 1040x Your amortization deduction each year is the applicable part of the intangible's adjusted basis (for purposes of determining gain), figured by amortizing it ratably over 15 years (180 months). 2012 tax form 1040x The 15-year period begins with the later of: The month the intangible is acquired, or The month the trade or business or activity engaged in for the production of income begins. 2012 tax form 1040x You cannot deduct amortization for the month you dispose of the intangible. 2012 tax form 1040x If you pay or incur an amount that increases the basis of an amortizable section 197 intangible after the 15-year period begins, amortize it over the remainder of the 15-year period beginning with the month the basis increase occurs. 2012 tax form 1040x You are not allowed any other depreciation or amortization deduction for an amortizable section 197 intangible. 2012 tax form 1040x Tax-exempt use property subject to a lease. 2012 tax form 1040x   The amortization period for any section 197 intangible leased under a lease agreement entered into after March 12, 2004, to a tax-exempt organization, governmental unit, or foreign person or entity (other than a partnership), shall not be less than 125 percent of the lease term. 2012 tax form 1040x Cost attributable to other property. 2012 tax form 1040x   The rules for section 197 intangibles do not apply to any amount that is included in determining the cost of property that is not a section 197 intangible. 2012 tax form 1040x For example, if the cost of computer software is not separately stated from the cost of hardware or other tangible property and you consistently treat it as part of the cost of the hardware or other tangible property, these rules do not apply. 2012 tax form 1040x Similarly, none of the cost of acquiring real property held for the production of rental income is considered the cost of goodwill, going concern value, or any other section 197 intangible. 2012 tax form 1040x Section 197 Intangibles Defined The following assets are section 197 intangibles and must be amortized over 180 months: Goodwill; Going concern value; Workforce in place; Business books and records, operating systems, or any other information base, including lists or other information concerning current or prospective customers; A patent, copyright, formula, process, design, pattern, know-how, format, or similar item; A customer-based intangible; A supplier-based intangible; Any item similar to items (3) through (7); A license, permit, or other right granted by a governmental unit or agency (including issuances and renewals); A covenant not to compete entered into in connection with the acquisition of an interest in a trade or business; Any franchise, trademark, or trade name; and A contract for the use of, or a term interest in, any item in this list. 2012 tax form 1040x You cannot amortize any of the intangibles listed in items (1) through (8) that you created rather than acquired unless you created them in acquiring assets that make up a trade or business or a substantial part of a trade or business. 2012 tax form 1040x Goodwill. 2012 tax form 1040x   This is the value of a trade or business based on expected continued customer patronage due to its name, reputation, or any other factor. 2012 tax form 1040x Going concern value. 2012 tax form 1040x   This is the additional value of a trade or business that attaches to property because the property is an integral part of an ongoing business activity. 2012 tax form 1040x It includes value based on the ability of a business to continue to function and generate income even though there is a change in ownership (but does not include any other section 197 intangible). 2012 tax form 1040x It also includes value based on the immediate use or availability of an acquired trade or business, such as the use of earnings during any period in which the business would not otherwise be available or operational. 2012 tax form 1040x Workforce in place, etc. 2012 tax form 1040x   This includes the composition of a workforce (for example, its experience, education, or training). 2012 tax form 1040x It also includes the terms and conditions of employment, whether contractual or otherwise, and any other value placed on employees or any of their attributes. 2012 tax form 1040x   For example, you must amortize the part of the purchase price of a business that is for the existence of a highly skilled workforce. 2012 tax form 1040x Also, you must amortize the cost of acquiring an existing employment contract or relationship with employees or consultants. 2012 tax form 1040x Business books and records, etc. 2012 tax form 1040x   This includes the intangible value of technical manuals, training manuals or programs, data files, and accounting or inventory control systems. 2012 tax form 1040x It also includes the cost of customer lists, subscription lists, insurance expirations, patient or client files, and lists of newspaper, magazine, radio, and television advertisers. 2012 tax form 1040x Patents, copyrights, etc. 2012 tax form 1040x   This includes package design, computer software, and any interest in a film, sound recording, videotape, book, or other similar property, except as discussed later under Assets That Are Not Section 197 Intangibles . 2012 tax form 1040x Customer-based intangible. 2012 tax form 1040x   This is the composition of market, market share, and any other value resulting from the future provision of goods or services because of relationships with customers in the ordinary course of business. 2012 tax form 1040x For example, you must amortize the part of the purchase price of a business that is for the existence of the following intangibles. 2012 tax form 1040x A customer base. 2012 tax form 1040x A circulation base. 2012 tax form 1040x An undeveloped market or market growth. 2012 tax form 1040x Insurance in force. 2012 tax form 1040x A mortgage servicing contract. 2012 tax form 1040x An investment management contract. 2012 tax form 1040x Any other relationship with customers involving the future provision of goods or services. 2012 tax form 1040x   Accounts receivable or other similar rights to income for goods or services provided to customers before the acquisition of a trade or business are not section 197 intangibles. 2012 tax form 1040x Supplier-based intangible. 2012 tax form 1040x   A supplier-based intangible is the value resulting from the future acquisitions, (through contract or other relationships with suppliers in the ordinary course of business) of goods or services that you will sell or use. 2012 tax form 1040x The amount you pay or incur for supplier-based intangibles includes, for example, any portion of the purchase price of an acquired trade or business that is attributable to the existence of a favorable relationship with persons providing distribution services (such as a favorable shelf or display space or a retail outlet), or the existence of favorable supply contracts. 2012 tax form 1040x Do not include any amount required to be paid for the goods or services to honor the terms of the agreement or other relationship. 2012 tax form 1040x Also, see Assets That Are Not Section 197 Intangibles below. 2012 tax form 1040x Government-granted license, permit, etc. 2012 tax form 1040x   This is any right granted by a governmental unit or an agency or instrumentality of a governmental unit. 2012 tax form 1040x For example, you must amortize the capitalized costs of acquiring (including issuing or renewing) a liquor license, a taxicab medallion or license, or a television or radio broadcasting license. 2012 tax form 1040x Covenant not to compete. 2012 tax form 1040x   Section 197 intangibles include a covenant not to compete (or similar arrangement) entered into in connection with the acquisition of an interest in a trade or business, or a substantial portion of a trade or business. 2012 tax form 1040x An interest in a trade or business includes an interest in a partnership or a corporation engaged in a trade or business. 2012 tax form 1040x   An arrangement that requires the former owner to perform services (or to provide property or the use of property) is not similar to a covenant not to compete to the extent the amount paid under the arrangement represents reasonable compensation for those services or for that property or its use. 2012 tax form 1040x Franchise, trademark, or trade name. 2012 tax form 1040x   A franchise, trademark, or trade name is a section 197 intangible. 2012 tax form 1040x You must amortize its purchase or renewal costs, other than certain contingent payments that you can deduct currently. 2012 tax form 1040x For information on currently deductible contingent payments, see chapter 11. 2012 tax form 1040x Professional sports franchise. 2012 tax form 1040x   A franchise engaged in professional sports and any intangible assets acquired in connection with acquiring the franchise (including player contracts) is a section 197 intangible amortizable over a 15-year period. 2012 tax form 1040x Contract for the use of, or a term interest in, a section 197 intangible. 2012 tax form 1040x   Section 197 intangibles include any right under a license, contract, or other arrangement providing for the use of any section 197 intangible. 2012 tax form 1040x It also includes any term interest in any section 197 intangible, whether the interest is outright or in trust. 2012 tax form 1040x Assets That Are Not Section 197 Intangibles The following assets are not section 197 intangibles. 2012 tax form 1040x Any interest in a corporation, partnership, trust, or estate. 2012 tax form 1040x Any interest under an existing futures contract, foreign currency contract, notional principal contract, interest rate swap, or similar financial contract. 2012 tax form 1040x Any interest in land. 2012 tax form 1040x Most computer software. 2012 tax form 1040x (See Computer software , later. 2012 tax form 1040x ) Any of the following assets not acquired in connection with the acquisition of a trade or business or a substantial part of a trade or business. 2012 tax form 1040x An interest in a film, sound recording, video tape, book, or similar property. 2012 tax form 1040x A right to receive tangible property or services under a contract or from a governmental agency. 2012 tax form 1040x An interest in a patent or copyright. 2012 tax form 1040x Certain rights that have a fixed duration or amount. 2012 tax form 1040x (See Rights of fixed duration or amount , later. 2012 tax form 1040x ) An interest under either of the following. 2012 tax form 1040x An existing lease or sublease of tangible property. 2012 tax form 1040x A debt that was in existence when the interest was acquired. 2012 tax form 1040x A right to service residential mortgages unless the right is acquired in connection with the acquisition of a trade or business or a substantial part of a trade or business. 2012 tax form 1040x Certain transaction costs incurred by parties to a corporate organization or reorganization in which any part of a gain or loss is not recognized. 2012 tax form 1040x Intangible property that is not amortizable under the rules for section 197 intangibles can be depreciated if it meets certain requirements. 2012 tax form 1040x You generally must use the straight line method over its useful life. 2012 tax form 1040x For certain intangibles, the depreciation period is specified in the law and regulations. 2012 tax form 1040x For example, the depreciation period for computer software that is not a section 197 intangible is generally 36 months. 2012 tax form 1040x For more information on depreciating intangible property, see Intangible Property under What Method Can You Use To Depreciate Your Property? in chapter 1 of Publication 946. 2012 tax form 1040x Computer software. 2012 tax form 1040x   Section 197 intangibles do not include the following types of computer software. 2012 tax form 1040x Software that meets all the following requirements. 2012 tax form 1040x It is, or has been, readily available for purchase by the general public. 2012 tax form 1040x It is subject to a nonexclusive license. 2012 tax form 1040x It has not been substantially modified. 2012 tax form 1040x This requirement is considered met if the cost of all modifications is not more than the greater of 25% of the price of the publicly available unmodified software or $2,000. 2012 tax form 1040x Software that is not acquired in connection with the acquisition of a trade or business or a substantial part of a trade or business. 2012 tax form 1040x Computer software defined. 2012 tax form 1040x   Computer software includes all programs designed to cause a computer to perform a desired function. 2012 tax form 1040x It also includes any database or similar item that is in the public domain and is incidental to the operation of qualifying software. 2012 tax form 1040x Rights of fixed duration or amount. 2012 tax form 1040x   Section 197 intangibles do not include any right under a contract or from a governmental agency if the right is acquired in the ordinary course of a trade or business (or in an activity engaged in for the production of income) but not as part of a purchase of a trade or business and either: Has a fixed life of less than 15 years, or Is of a fixed amount that, except for the rules for section 197 intangibles, would be recovered under a method similar to the unit-of-production method of cost recovery. 2012 tax form 1040x However, this does not apply to the following intangibles. 2012 tax form 1040x Goodwill. 2012 tax form 1040x Going concern value. 2012 tax form 1040x A covenant not to compete. 2012 tax form 1040x A franchise, trademark, or trade name. 2012 tax form 1040x A customer-related information base, customer-based intangible, or similar item. 2012 tax form 1040x Safe Harbor for Creative Property Costs If you are engaged in the trade or business of film production, you may be able to amortize the creative property costs for properties not set for production within 3 years of the first capitalized transaction. 2012 tax form 1040x You may amortize these costs ratably over a 15-year period beginning on the first day of the second half of the tax year in which you properly write off the costs for financial accounting purposes. 2012 tax form 1040x If, during the 15-year period, you dispose of the creative property rights, you must continue to amortize the costs over the remainder of the 15-year period. 2012 tax form 1040x Creative property costs include costs paid or incurred to acquire and develop screenplays, scripts, story outlines, motion picture production rights to books and plays, and other similar properties for purposes of potential future film development, production, and exploitation. 2012 tax form 1040x Amortize these costs using the rules of Revenue Procedure 2004-36. 2012 tax form 1040x For more information, see Revenue Procedure 2004-36, 2004-24 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 1063, available at  www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2004-24_IRB/ar16. 2012 tax form 1040x html. 2012 tax form 1040x A change in the treatment of creative property costs is a change in method of accounting. 2012 tax form 1040x Anti-Churning Rules Anti-churning rules prevent you from amortizing most section 197 intangibles if the transaction in which you acquired them did not result in a significant change in ownership or use. 2012 tax form 1040x These rules apply to goodwill and going concern value, and to any other section 197 intangible that is not otherwise depreciable or amortizable. 2012 tax form 1040x Under the anti-churning rules, you cannot use 15-year amortization for the intangible if any of the following conditions apply. 2012 tax form 1040x You or a related person (defined later) held or used the intangible at any time from July 25, 1991, through August 10, 1993. 2012 tax form 1040x You acquired the intangible from a person who held it at any time during the period in (1) and, as part of the transaction, the user did not change. 2012 tax form 1040x You granted the right to use the intangible to a person (or a person related to that person) who held or used it at any time during the period in (1). 2012 tax form 1040x This applies only if the transaction in which you granted the right and the transaction in which you acquired the intangible are part of a series of related transactions. 2012 tax form 1040x See Related person , later, for more information. 2012 tax form 1040x Exceptions. 2012 tax form 1040x   The anti-churning rules do not apply in the following situations. 2012 tax form 1040x You acquired the intangible from a decedent and its basis was stepped up to its fair market value. 2012 tax form 1040x The intangible was amortizable as a section 197 intangible by the seller or transferor you acquired it from. 2012 tax form 1040x This exception does not apply if the transaction in which you acquired the intangible and the transaction in which the seller or transferor acquired it are part of a series of related transactions. 2012 tax form 1040x The gain-recognition exception, discussed later, applies. 2012 tax form 1040x Related person. 2012 tax form 1040x   For purposes of the anti-churning rules, the following are related persons. 2012 tax form 1040x An individual and his or her brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. 2012 tax form 1040x ), and lineal descendants (children, grandchildren, etc. 2012 tax form 1040x ). 2012 tax form 1040x A corporation and an individual who owns, directly or indirectly, more than 20% of the value of the corporation's outstanding stock. 2012 tax form 1040x Two corporations that are members of the same controlled group as defined in section 1563(a) of the Internal Revenue Code, except that “more than 20%” is substituted for “at least 80%” in that definition and the determination is made without regard to subsections (a)(4) and (e)(3)(C) of section 1563. 2012 tax form 1040x (For an exception, see section 1. 2012 tax form 1040x 197-2(h)(6)(iv) of the regulations. 2012 tax form 1040x ) A trust fiduciary and a corporation if more than 20% of the value of the corporation's outstanding stock is owned, directly or indirectly, by or for the trust or grantor of the trust. 2012 tax form 1040x The grantor and fiduciary, and the fiduciary and beneficiary, of any trust. 2012 tax form 1040x The fiduciaries of two different trusts, and the fiduciaries and beneficiaries of two different trusts, if the same person is the grantor of both trusts. 2012 tax form 1040x The executor and beneficiary of an estate. 2012 tax form 1040x A tax-exempt educational or charitable organization and a person who directly or indirectly controls the organization (or whose family members control it). 2012 tax form 1040x A corporation and a partnership if the same persons own more than 20% of the value of the outstanding stock of the corporation and more than 20% of the capital or profits interest in the partnership. 2012 tax form 1040x Two S corporations, and an S corporation and a regular corporation, if the same persons own more than 20% of the value of the outstanding stock of each corporation. 2012 tax form 1040x Two partnerships if the same persons own, directly or indirectly, more than 20% of the capital or profits interests in both partnerships. 2012 tax form 1040x A partnership and a person who owns, directly or indirectly, more than 20% of the capital or profits interests in the partnership. 2012 tax form 1040x Two persons who are engaged in trades or businesses under common control (as described in section 41(f)(1) of the Internal Revenue Code). 2012 tax form 1040x When to determine relationship. 2012 tax form 1040x   Persons are treated as related if the relationship existed at the following time. 2012 tax form 1040x In the case of a single transaction, immediately before or immediately after the transaction in which the intangible was acquired. 2012 tax form 1040x In the case of a series of related transactions (or a series of transactions that comprise a qualified stock purchase under section 338(d)(3) of the Internal Revenue Code), immediately before the earliest transaction or immediately after the last transaction. 2012 tax form 1040x Ownership of stock. 2012 tax form 1040x   In determining whether an individual directly or indirectly owns any of the outstanding stock of a corporation, the following rules apply. 2012 tax form 1040x Rule 1. 2012 tax form 1040x   Stock directly or indirectly owned by or for a corporation, partnership, estate, or trust is considered owned proportionately by or for its shareholders, partners, or beneficiaries. 2012 tax form 1040x Rule 2. 2012 tax form 1040x   An individual is considered to own the stock directly or indirectly owned by or for his or her family. 2012 tax form 1040x Family includes only brothers and sisters, half-brothers and half-sisters, spouse, ancestors, and lineal descendants. 2012 tax form 1040x Rule 3. 2012 tax form 1040x   An individual owning (other than by applying Rule 2) any stock in a corporation is considered to own the stock directly or indirectly owned by or for his or her partner. 2012 tax form 1040x Rule 4. 2012 tax form 1040x   For purposes of applying Rule 1, 2, or 3, treat stock constructively owned by a person under Rule 1 as actually owned by that person. 2012 tax form 1040x Do not treat stock constructively owned by an individual under Rule 2 or 3 as owned by the individual for reapplying Rule 2 or 3 to make another person the constructive owner of the stock. 2012 tax form 1040x Gain-recognition exception. 2012 tax form 1040x   This exception to the anti-churning rules applies if the person you acquired the intangible from (the transferor) meets both of the following requirements. 2012 tax form 1040x That person would not be related to you (as described under Related person , earlier) if the 20% test for ownership of stock and partnership interests were replaced by a 50% test. 2012 tax form 1040x That person chose to recognize gain on the disposition of the intangible and pay income tax on the gain at the highest tax rate. 2012 tax form 1040x See chapter 2 in Publication 544 for information on making this choice. 2012 tax form 1040x   If this exception applies, the anti-churning rules apply only to the amount of your adjusted basis in the intangible that is more than the gain recognized by the transferor. 2012 tax form 1040x Notification. 2012 tax form 1040x   If the person you acquired the intangible from chooses to recognize gain under the rules for this exception, that person must notify you in writing by the due date of the return on which the choice is made. 2012 tax form 1040x Anti-abuse rule. 2012 tax form 1040x   You cannot amortize any section 197 intangible acquired in a transaction for which the principal purpose was either of the following. 2012 tax form 1040x To avoid the requirement that the intangible be acquired after August 10, 1993. 2012 tax form 1040x To avoid any of the anti-churning rules. 2012 tax form 1040x More information. 2012 tax form 1040x   For more information about the anti-churning rules, including additional rules for partnerships, see Regulations section 1. 2012 tax form 1040x 197-2(h). 2012 tax form 1040x Incorrect Amount of Amortization Deducted If you later discover that you deducted an incorrect amount for amortization for a section 197 intangible in any year, you may be able to make a correction for that year by filing an amended return. 2012 tax form 1040x See Amended Return , next. 2012 tax form 1040x If you are not allowed to make the correction on an amended return, you can change your accounting method to claim the correct amortization. 2012 tax form 1040x See Changing Your Accounting Method , later. 2012 tax form 1040x Amended Return If you deducted an incorrect amount for amortization, you can file an amended return to correct the following. 2012 tax form 1040x A mathematical error made in any year. 2012 tax form 1040x A posting error made in any year. 2012 tax form 1040x An amortization deduction for a section 197 intangible for which you have not adopted a method of accounting. 2012 tax form 1040x When to file. 2012 tax form 1040x   If an amended return is allowed, you must file it by the later of the following dates. 2012 tax form 1040x 3 years from the date you filed your original return for the year in which you did not deduct the correct amount. 2012 tax form 1040x (A return filed early is considered filed on the due date. 2012 tax form 1040x ) 2 years from the time you paid your tax for that year. 2012 tax form 1040x Changing Your Accounting Method Generally, you must get IRS approval to change your method of accounting. 2012 tax form 1040x File Form 3115, Application for Change in Accounting Method, to request a change to a permissible method of accounting for amortization. 2012 tax form 1040x The following are examples of a change in method of accounting for amortization. 2012 tax form 1040x A change in the amortization method, period of recovery, or convention of an amortizable asset. 2012 tax form 1040x A change in the accounting for amortizable assets from a single asset account to a multiple asset account (pooling), or vice versa. 2012 tax form 1040x A change in the accounting for amortizable assets from one type of multiple asset account to a different type of multiple asset account. 2012 tax form 1040x Changes in amortization that are not a change in method of accounting include the following: A change in computing amortization in the tax year in which your use of the asset changes. 2012 tax form 1040x An adjustment in the useful life of an amortizable asset. 2012 tax form 1040x Generally, the making of a late amortization election or the revocation of a timely valid amortization election. 2012 tax form 1040x Any change in the placed-in-service date of an amortizable asset. 2012 tax form 1040x See Regulations section 1. 2012 tax form 1040x 446-1(e)(2)(ii)(a) for more information and examples. 2012 tax form 1040x Automatic approval. 2012 tax form 1040x   In some instances, you may be able to get automatic approval from the IRS to change your method of accounting for amortization. 2012 tax form 1040x For a list of automatic accounting method changes, see the Instructions for Form 3115. 2012 tax form 1040x Also see the Instructions for Form 3115 for more information on getting approval, automatic approval procedures, and a list of exceptions to the automatic approval process. 2012 tax form 1040x For more information, see Revenue Procedure 2006-12, as modified by Revenue Procedure 2006-37, and Revenue Procedure 2008-52, as amplified, clarified, and modified by Revenue Procedure 2009-39, as clarified and modified by Revenue Procedure 2011-14, as modified and amplified by Revenue Procedure 2011-22, as modified by Revenue Procedure 2012-39, or any successor. 2012 tax form 1040x See Revenue Procedure 2006-12, 2006-3 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 310, available at  www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2006-03_IRB/ar14. 2012 tax form 1040x html. 2012 tax form 1040x  See Revenue Procedure 2006-37, 2006-38 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 499, available at  www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2006-38_IRB/ar10. 2012 tax form 1040x html. 2012 tax form 1040x  See Revenue Procedure 2008-52, 2008-36 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 587, available at www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2008-36_IRB/ar09. 2012 tax form 1040x html. 2012 tax form 1040x  See Revenue Procedure 2009-39, 2009-38 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 371, available at  www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2009-38_IRB/ar08. 2012 tax form 1040x html. 2012 tax form 1040x  See Revenue Procedure 2011-14, 2011-4 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 330, available at  www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2011-04_IRB/ar08. 2012 tax form 1040x html. 2012 tax form 1040x  See Revenue Procedure 2011-22, 2011-18 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 737, available at  www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2011-18_IRB/ar08. 2012 tax form 1040x html. 2012 tax form 1040x Also, see Revenue Procedure 2012-39, 2012-41 I. 2012 tax form 1040x R. 2012 tax form 1040x B. 2012 tax form 1040x 470 available at www. 2012 tax form 1040x irs. 2012 tax form 1040x gov/irb/2012-41_IRB/index. 2012 tax form 1040x html. 2012 tax form 1040x Disposition of Section 197 Intangibles A section 197 intangible is treated as depreciable property used in your trade or business. 2012 tax form 1040x If you held the intangible for more than 1 year, any gain on its disposition, up to the amount of allowable amortization, is ordinary income (section 1245 gain). 2012 tax form 1040x If multiple section 197 intangibles are disposed of in a single transaction or a series of related transactions, treat all of the section 197 intangibles as if they were a single asset for purposes of determining the amount of gain that is ordinary income. 2012 tax form 1040x Any remaining gain, or any loss, is a section 1231 gain or loss. 2012 tax form 1040x If you held the intangible 1 year or less, any gain or loss on its disposition is an ordinary gain or loss. 2012 tax form 1040x For more information on ordinary or capital gain or loss on business property, see chapter 3 in Publication 544. 2012 tax form 1040x Nondeductible loss. 2012 tax form 1040x   You cannot deduct any loss on the disposition or worthlessness of a section 197 intangible that you acquired in the same transaction (or series of related transactions) as other section 197 intangibles you still have. 2012 tax form 1040x Instead, increase the adjusted basis of each remaining amortizable section 197 intangible by a proportionate part of the nondeductible loss. 2012 tax form 1040x Figure the increase by multiplying the nondeductible loss on the disposition of the intangible by the following fraction. 2012 tax form 1040x The numerator is the adjusted basis of each remaining intangible on the date of the disposition. 2012 tax form 1040x The denominator is the total adjusted bases of all remaining amortizable section 197 intangibles on the date of the disposition. 2012 tax form 1040x Covenant not to compete. 2012 tax form 1040x   A covenant not to compete, or similar arrangement, is not considered disposed of or worthless before you dispose of your entire interest in the trade or business for which you entered into the covenant. 2012 tax form 1040x Nonrecognition transfers. 2012 tax form 1040x   If you acquire a section 197 intangible in a nonrecognition transfer, you are treated as the transferor with respect to the part of your adjusted basis in the intangible that is not more than the transferor's adjusted basis. 2012 tax form 1040x You amortize this part of the adjusted basis over the intangible's remaining amortization period in the hands of the transferor. 2012 tax form 1040x Nonrecognition transfers include transfers to a corporation, partnership contributions and distributions, like-kind exchanges, and involuntary conversions. 2012 tax form 1040x   In a like-kind exchange or involuntary conversion of a section 197 intangible, you must continue to amortize the part of your adjusted basis in the acquired intangible that is not more than your adjusted basis in the exchanged or converted intangible over the remaining amortization period of the exchanged or converted intangible. 2012 tax form 1040x Amortize over a new 15-year period the part of your adjusted basis in the acquired intangible that is more than your adjusted basis in the exchanged or converted intangible. 2012 tax form 1040x Example. 2012 tax form 1040x You own a section 197 intangible you have amortized for 4 full years. 2012 tax form 1040x It has a remaining unamortized basis of $30,000. 2012 tax form 1040x You exchange the asset plus $10,000 for a like-kind section 197 intangible. 2012 tax form 1040x The nonrecognition provisions of like-kind exchanges apply. 2012 tax form 1040x You amortize $30,000 of the $40,000 adjusted basis of the acquired intangible over the 11 years remaining in the original 15-year amortization period for the transferred asset. 2012 tax form 1040x You amortize the other $10,000 of adjusted basis over a new 15-year period. 2012 tax form 1040x For more information, see Regulations section 1. 2012 tax form 1040x 197-2(g). 2012 tax form 1040x Reforestation Costs You can elect to deduct a limited amount of reforestation costs paid or incurred during the tax year. 2012 tax form 1040x See Reforestation Costs in chapter 7. 2012 tax form 1040x You can elect to amortize the qualifying costs that are not deducted currently over an 84-month period. 2012 tax form 1040x There is no limit on the amount of your amortization deduction for reforestation costs paid or incurred during the tax year. 2012 tax form 1040x The election to amortize reforestation costs incurred by a partnership, S corporation, or estate must be made by the partnership, corporation, or estate. 2012 tax form 1040x A partner, shareholder, or beneficiary cannot make that election. 2012 tax form 1040x A partner's or shareholder's share of amortizable costs is figured under the general rules for allocating items of income, loss, deduction, etc. 2012 tax form 1040x , of a partnership or S corporation. 2012 tax form 1040x The amortizable costs of an estate are divided between the estate and the income beneficiary based on the income of the estate allocable to each. 2012 tax form 1040x Qualifying costs. 2012 tax form 1040x   Reforestation costs are the direct costs of planting or seeding for forestation or reforestation. 2012 tax form 1040x Qualifying costs include only those costs you must capitalize and include in the adjusted basis of the property. 2012 tax form 1040x They include costs for the following items. 2012 tax form 1040x Site preparation. 2012 tax form 1040x Seeds or seedlings. 2012 tax form 1040x Labor. 2012 tax form 1040x Tools. 2012 tax form 1040x Depreciation on equipment used in planting and seeding. 2012 tax form 1040x Qualifying costs do not include costs for which the government reimburses you under a cost-sharing program, unless you include the reimbursement in your income. 2012 tax form 1040x Qualified timber property. 2012 tax form 1040x   Qualified timber property is property that contains trees in significant commercial quantities. 2012 tax form 1040x It can be a woodlot or other site that you own or lease. 2012 tax form 1040x The property qualifies only if it meets all of the following requirements. 2012 tax form 1040x It is located in the United States. 2012 tax form 1040x It is held for the growing and cutting of timber you will either use in, or sell for use in, the commercial production of timber products. 2012 tax form 1040x It consists of at least one acre planted with tree seedlings in the manner normally used in forestation or reforestation. 2012 tax form 1040x Qualified timber property does not include property on which you have planted shelter belts or ornamental trees, such as Christmas trees. 2012 tax form 1040x Amortization period. 2012 tax form 1040x   The 84-month amortization period starts on the first day of the first month of the second half of the tax year you incur the costs (July 1 for a calendar year taxpayer), regardless of the month you actually incur the costs. 2012 tax form 1040x You can claim amortization deductions for no more than 6 months of the first and last (eighth) tax years of the period. 2012 tax form 1040x Life tenant and remainderman. 2012 tax form 1040x   If one person holds the property for life with the remainder going to another person, the life tenant is entitled to the full amortization for qualifying reforestation costs incurred by the life tenant. 2012 tax form 1040x Any remainder interest in the property is ignored for amortization purposes. 2012 tax form 1040x Recapture. 2012 tax form 1040x   If you dispose of qualified timber property within 10 years after the tax year you incur qualifying reforestation expenses, report any gain as ordinary income up to the amortization you took. 2012 tax form 1040x See chapter 3 of Publication 544 for more information. 2012 tax form 1040x How to make the election. 2012 tax form 1040x   To elect to amortize qualifying reforestation costs, complete Part VI of Form 4562 and attach a statement that contains the following information. 2012 tax form 1040x A description of the costs and the dates you incurred them. 2012 tax form 1040x A description of the type of timber being grown and the purpose for which it is grown. 2012 tax form 1040x Attach a separate statement for each property for which you amortize reforestation costs. 2012 tax form 1040x   Generally, you must make the election on a timely filed return (including extensions) for the tax year in which you incurred the costs. 2012 tax form 1040x However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). 2012 tax form 1040x Attach Form 4562 and the statement to the amended return and write “Filed pursuant to section 301. 2012 tax form 1040x 9100-2” on Form 4562. 2012 tax form 1040x File the amended return at the same address you filed the original return. 2012 tax form 1040x Revoking the election. 2012 tax form 1040x   You must get IRS approval to revoke your election to amortize qualifying reforestation costs. 2012 tax form 1040x Your application to revoke the election must include your name, address, the years for which your election was in effect, and your reason for revoking it. 2012 tax form 1040x Please provide your daytime telephone number (optional), in case we need to contact you. 2012 tax form 1040x You, or your duly authorized representative, must sign the application and file it at least 90 days before the due date (without extensions) for filing your income tax return for the first tax year for which your election is to end. 2012 tax form 1040x    Send the application to: Internal Revenue Service Associate Chief Counsel Passthroughs and Special Industries CC:PSI:6 1111 Constitution Ave. 2012 tax form 1040x NW, IR-5300 Washington, DC 20224 Geological and Geophysical Costs You can amortize the cost of geological and geophysical expenses paid or incurred in connection with oil and gas exploration or development within the United States. 2012 tax form 1040x These costs can be amortized ratably over a 24-month period beginning on the mid-point of the tax year in which the expenses were paid or incurred. 2012 tax form 1040x For major integrated oil companies (as defined in section 167(h)(5)), these costs must be amortized ratably over a 5-year period for costs paid or incurred after May 17, 2006 (a 7-year period for costs paid or incurred after December 19, 2007). 2012 tax form 1040x If you retire or abandon the property during the amortization period, no amortization deduction is allowed in the year of retirement or abandonment. 2012 tax form 1040x Pollution Control Facilities You can elect to amortize the cost of a certified pollution control facility over 60 months. 2012 tax form 1040x However, see Atmospheric pollution control facilities for an exception. 2012 tax form 1040x The cost of a pollution control facility that is not eligible for amortization can be depreciated under the regular rules for depreciation. 2012 tax form 1040x Also, you can claim a special depreciation allowance on a certified pollution control facility that is qualified property even if you elect to amortize its cost. 2012 tax form 1040x You must reduce its cost (amortizable basis) by the amount of any special allowance you claim. 2012 tax form 1040x See chapter 3 of Publication 946. 2012 tax form 1040x A certified pollution control facility is a new identifiable treatment facility used in connection with a plant or other property in operation before 1976, to reduce or control water or atmospheric pollution or contamination. 2012 tax form 1040x The facility must do so by removing, changing, disposing, storing, or preventing the creation or emission of pollutants, contaminants, wastes, or heat. 2012 tax form 1040x The facility must be certified by state and federal certifying authorities. 2012 tax form 1040x The facility must not significantly increase the output or capacity, extend the useful life, or reduce the total operating costs of the plant or other property. 2012 tax form 1040x Also, it must not significantly change the nature of the manufacturing or production process or facility. 2012 tax form 1040x The federal certifying authority will not certify your property to the extent it appears you will recover (over the property's useful life) all or part of its cost from the profit based on its operation (such as through sales of recovered wastes). 2012 tax form 1040x The federal certifying authority will describe the nature of the potential cost recovery. 2012 tax form 1040x You must then reduce the amortizable basis of the facility by this potential recovery. 2012 tax form 1040x New identifiable treatment facility. 2012 tax form 1040x   A new identifiable treatment facility is tangible depreciable property that is identifiable as a treatment facility. 2012 tax form 1040x It does not include a building and its structural components unless the building is exclusively a treatment facility. 2012 tax form 1040x Atmospheric pollution control facilities. 2012 tax form 1040x   Certain atmospheric pollution control facilities can be amortized over 84 months. 2012 tax form 1040x To qualify, the following must apply. 2012 tax form 1040x The facility must be acquired and placed in service after April 11, 2005. 2012 tax form 1040x If acquired, the original use must begin with you after April 11, 2005. 2012 tax form 1040x The facility must be used in connection with an electric generation plant or other property placed in operation after December 31, 1975, that is primarily coal fired. 2012 tax form 1040x If you construct, reconstruct, or erect the facility, only the basis attributable to the construction, reconstruction, or erection completed after April 11, 2005, qualifies. 2012 tax form 1040x Basis reduction for corporations. 2012 tax form 1040x   A corporation must reduce the amortizable basis of a pollution control facility by 20% before figuring the amortization deduction. 2012 tax form 1040x More information. 2012 tax form 1040x   For more information on the amortization of pollution control facilities, see Code sections 169 and 291(c) and the related regulations. 2012 tax form 1040x Research and Experimental Costs You can elect to amortize your research and experimental costs, deduct them as current business expenses, or write them off over a 10-year period (see Optional write-off method below). 2012 tax form 1040x If you elect to amortize these costs, deduct them in equal amounts over 60 months or more. 2012 tax form 1040x The amortization period begins the month you first receive an economic benefit from the costs. 2012 tax form 1040x For a definition of “research and experimental costs” and information on deducting them as current business expenses, see chapter 7. 2012 tax form 1040x Optional write-off method. 2012 tax form 1040x   Rather than amortize these costs or deduct them as a current expense, you have the option of deducting (writing off) research and experimental costs ratably over a 10-year period beginning with the tax year in which you incurred the costs. 2012 tax form 1040x For more information, see Optional Write-off of Certain Tax Preferences , later, and section 59(e) of the Internal Revenue Code. 2012 tax form 1040x Costs you can amortize. 2012 tax form 1040x   You can amortize costs chargeable to a capital account (see chapter 1) if you meet both of the following requirements. 2012 tax form 1040x You paid or incurred the costs in your trade or business. 2012 tax form 1040x You are not deducting the costs currently. 2012 tax form 1040x How to make the election. 2012 tax form 1040x   To elect to amortize research and experimental costs, complete Part VI of Form 4562 and attach it to your income tax return. 2012 tax form 1040x Generally, you must file the return by the due date (including extensions). 2012 tax form 1040x However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). 2012 tax form 1040x Attach Form 4562 to the amended return and write “Filed pursuant to section 301. 2012 tax form 1040x 9100-2” on Form 4562. 2012 tax form 1040x File the amended return at the same address you filed the original return. 2012 tax form 1040x   Your election is binding for the year it is made and for all later years unless you obtain approval from the IRS to change to a different method. 2012 tax form 1040x Optional Write-off of Certain Tax Preferences You can elect to amortize certain tax preference items over an optional period beginning in the tax year in which you incurred the costs. 2012 tax form 1040x If you make this election, there is no AMT adjustment. 2012 tax form 1040x The applicable costs and the optional recovery periods are as follows: Circulation costs — 3 years, Intangible drilling and development costs — 60 months, Mining exploration and development costs — 10 years, and Research and experimental costs — 10 years. 2012 tax form 1040x How to make the election. 2012 tax form 1040x   To elect to amortize qualifying costs over the optional recovery period, complete Part VI of Form 4562 and attach a statement containing the following information to your return for the tax year in which the election begins: Your name, address, and taxpayer identification number; and The type of cost and the specific amount of the cost for which you are making the election. 2012 tax form 1040x   Generally, the election must be made on a timely filed return (including extensions) for the tax year in which you incurred the costs. 2012 tax form 1040x However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the return (excluding extensions). 2012 tax form 1040x Attach Form 4562 to the amended return and write “Filed pursuant to section 301. 2012 tax form 1040x 9100-2” on Form 4562. 2012 tax form 1040x File the amended return at the same address you filed the original return. 2012 tax form 1040x Revoking the election. 2012 tax form 1040x   You must obtain consent from the IRS to revoke your election. 2012 tax form 1040x Your request to revoke the election must be submitted to the IRS in the form of a letter ruling before the end of the tax year in which the optional recovery period ends. 2012 tax form 1040x The request must contain all of the information necessary to demonstrate the rare and unusual circumstances that would justify granting revocation. 2012 tax form 1040x If the request for revocation is approved, any unamortized costs are deductible in the year the revocation is effective. 2012 tax form 1040x Prev  Up  Next   Home   More Online Publications