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2012 Tax

File My 1040x ElectronicallyWww Freefilefillableforms ComFree Tax Calculator1040es2012 Taxes Free OnlineFree Efile State Tax ReturnDo Tax Amendment1040ez ComPrintable Tax Forms 2011Form 1040aStudent Tax FormsState Tax Forms 20121040ez 2014 FormsFree H R Block 2011Turbotax 2012 Amended Return1040ez Tax Form Booklet540ezNeed To File State Taxes OnlyFederal Income Tax AmendmentFree File AllianceWhere Do I File My 2011 Federal Tax Return1040ez Free FileNeed Amend My 2009 Taxes2011 1040 EzFiling Taxes 20141040x 2010 FormFile Free 1040ezTaxes StateTurbo Tax 2011How To File A Amended Tax ReturnEfile 1040 EzFederal Amended Tax ReturnCorporation Tax SoftwareFile 2010 Taxes FreeTax Form 1040Free H & R Block Tax FilingForm 1040ez Instructions 2013Can I Efile A 1040xHow To File Your Taxes Online For FreeState Income Tax Form 2012

2012 Tax

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Individual Shared Responsibility Provision - Minimum Essential Coverage

 

The individual shared responsibility provision requires you and each member of your family to have basic health insurance coverage (also known as minimum essential coverage), qualify for an exemption from the responsibility to have minimum essential coverage, or make an individual shared responsibility payment when you file your federal income tax return. The chart shows some types of coverage that qualify as minimum essential coverage and some that do not.

The chart shows some types of coverage that qualify as minimum essential coverage and some that do not.

Coverage Type Qualifies As Minimum Essential Coverage Doesn't Qualify As Minimum Essential Coverage

Employer-sponsored coverage:

  • Employee coverage (including self-insured plans)
  • COBRA coverage
  • Retiree coverage
     

 

 

 

 

Individual health coverage:

  • Health insurance you purchase from an insurance company directly
  • Health insurance you purchase through the Health Insurance Marketplace
  • Health insurance provided through a student health plan
  • Health coverage provided through a student health plan that is self-funded by a university (only for a plan year beginning on or before December 31, 2014, unless recognized as minimum essential coverage by HHS)

 

 

 

 

 

Coverage under government-sponsored programs:

  • Medicare Part A coverage
  • Medicare Advantage plans
  • Most Medicaid coverage
  • Children’s Health Insurance Program (CHIP)
  • Most types of TRICARE coverage under chapter 55, title 10 of the United States Code
  • Comprehensive health care programs offered by the Department of Veterans Affairs
  • State high-risk health insurance pools (only for a plan year beginning on or before December 31, 2014, unless recognized as minimum essential coverage by HHS)
  • Health coverage provided to Peace Corps volunteers
  • Department of Defense Nonappropriated Fund Health Benefits Program
  • Refugee Medical Assistance

 

 

 

 

 

 

Certain coverage that may provide limited benefits:

  • Coverage consisting solely of excepted benefits, such as:
    • Stand-alone dental and vision insurance
    • Accident or disability income insurance
    • Workers' compensation insurance
  • Medicaid providing only family planning services*
  • Medicaid providing only tuberculosis-related services*
  • Medicaid providing only coverage limited to treatment of emergency medical conditions*
  • Pregnancy-related Medicaid coverage*
  • Medicaid coverage for the medically needy*
  • Section 1115 Medicaid demonstration projects*
  • Space available TRICARE coverage provided under chapter 55 of title 10 of the United States Code for individuals who are not eligible for TRICARE coverage for health services from private sector providers*
  • Line of duty TRICARE coverage provided under chapter 55 of title 10 of the United States Code*
  • AmeriCorps coverage for those serving in programs receiving AmeriCorps State and National grants
  • AfterCorps coverage purchased by returning members of the PeaceCorps

*In Notice 2014-10, the IRS announced relief from the individual shared responsibility payment for months in 2014 in which individuals are covered under one of these programs. Information will be made available later about how to claim an exemption for one of these programs on your income tax return.

 

 

 

 

 

 

Page Last Reviewed or Updated: 24-Mar-2014

The 2012 Tax

2012 tax 8. 2012 tax   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 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 It is similar to the straight line method of depreciation. 2012 tax The various amortizable costs covered in this chapter are included in the list below. 2012 tax However, this chapter does not discuss amortization of bond premium. 2012 tax For information on that topic, see chapter 3 of Publication 550, Investment Income and Expenses. 2012 tax 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 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 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 For example, in 2012, you began to amortize a lease. 2012 tax In 2013, you began to amortize a second lease. 2012 tax Report amortization from the new lease on line 42 of your 2013 Form 4562. 2012 tax Report amortization from the 2012 lease on line 43 of your 2013 Form 4562. 2012 tax 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 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 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 Generally, you recover costs for particular assets through depreciation deductions. 2012 tax However, you generally cannot recover other costs until you sell the business or otherwise go out of business. 2012 tax 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 For costs paid or incurred after September 8, 2008, you can deduct a limited amount of start-up and organizational costs. 2012 tax The costs that are not deducted currently can be amortized ratably over a 180-month period. 2012 tax The amortization period starts with the month you begin operating your active trade or business. 2012 tax You are not required to attach a statement to make this election. 2012 tax 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 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 See Regulations sections 1. 2012 tax 195-1, 1. 2012 tax 248-1, and 1. 2012 tax 709-1. 2012 tax 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 Any costs not deducted can be amortized ratably over a 180-month period, beginning with the month you begin business. 2012 tax If the election is made, you must attach any statement required by Regulations sections 1. 2012 tax 195-1(b), 1. 2012 tax 248-1(c), and 1. 2012 tax 709-1(c), as in effect before September 9, 2008. 2012 tax Note. 2012 tax You can apply the provisions of Regulations sections 1. 2012 tax 195-1, 1. 2012 tax 248-1, and 1. 2012 tax 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 Otherwise, the provisions under Regulations sections 1. 2012 tax 195-1(b), 1. 2012 tax 248-1(c), and 1. 2012 tax 709-1(c), as in effect before September 9, 2008, will apply. 2012 tax 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 See How To Make the Election , later. 2012 tax The cost must qualify as one of the following. 2012 tax A business start-up cost. 2012 tax An organizational cost for a corporation. 2012 tax An organizational cost for a partnership. 2012 tax 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 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 Qualifying costs. 2012 tax   A start-up cost is amortizable if it meets both of the following tests. 2012 tax 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 It is a cost you pay or incur before the day your active trade or business begins. 2012 tax   Start-up costs include amounts paid for the following: An analysis or survey of potential markets, products, labor supply, transportation facilities, etc. 2012 tax Advertisements for the opening of the business. 2012 tax Salaries and wages for employees who are being trained and their instructors. 2012 tax Travel and other necessary costs for securing prospective distributors, suppliers, or customers. 2012 tax Salaries and fees for executives and consultants, or for similar professional services. 2012 tax Nonqualifying costs. 2012 tax   Start-up costs do not include deductible interest, taxes, or research and experimental costs. 2012 tax See Research and Experimental Costs , later. 2012 tax Purchasing an active trade or business. 2012 tax   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 These are costs that help you decide whether to purchase a business. 2012 tax Costs you incur in an attempt to purchase a specific business are capital expenses that you cannot amortize. 2012 tax Example. 2012 tax On June 1st, you hired an accounting firm and a law firm to assist you in the potential purchase of XYZ, Inc. 2012 tax They researched XYZ's industry and analyzed the financial projections of XYZ, Inc. 2012 tax In September, the law firm prepared and submitted a letter of intent to XYZ, Inc. 2012 tax The letter stated that a binding commitment would result only after a purchase agreement was signed. 2012 tax 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 On October 22nd, you signed a purchase agreement with XYZ, Inc. 2012 tax All amounts paid or incurred to investigate the business before October 22nd are amortizable investigative costs. 2012 tax Amounts paid on or after that date relate to the attempt to purchase the business and therefore must be capitalized. 2012 tax Disposition of business. 2012 tax   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 However, you can deduct these deferred start-up costs only to the extent they qualify as a loss from a business. 2012 tax Costs of Organizing a Corporation Amounts paid to organize a corporation are the direct costs of creating the corporation. 2012 tax Qualifying costs. 2012 tax   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   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   Examples of organizational costs include: The cost of temporary directors. 2012 tax The cost of organizational meetings. 2012 tax State incorporation fees. 2012 tax The cost of legal services. 2012 tax Nonqualifying costs. 2012 tax   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 Costs associated with the transfer of assets to the corporation. 2012 tax Costs of Organizing a Partnership The costs to organize a partnership are the direct costs of creating the partnership. 2012 tax Qualifying costs. 2012 tax   A partnership can amortize an organizational cost only if it meets all the following tests. 2012 tax It is for the creation of the partnership and not for starting or operating the partnership trade or business. 2012 tax It is chargeable to a capital account (see chapter 1). 2012 tax It could be amortized over the life of the partnership if the partnership had a fixed life. 2012 tax 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 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 It is for a type of item normally expected to benefit the partnership throughout its entire life. 2012 tax   Organizational costs include the following fees. 2012 tax Legal fees for services incident to the organization of the partnership, such as negotiation and preparation of the partnership agreement. 2012 tax Accounting fees for services incident to the organization of the partnership. 2012 tax Filing fees. 2012 tax Nonqualifying costs. 2012 tax   The following costs cannot be amortized. 2012 tax The cost of acquiring assets for the partnership or transferring assets to the partnership. 2012 tax The cost of admitting or removing partners, other than at the time the partnership is first organized. 2012 tax 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 The costs for issuing and marketing interests in the partnership such as brokerage, registration, and legal fees and printing costs. 2012 tax These “syndication fees” are capital expenses that cannot be depreciated or amortized. 2012 tax Liquidation of partnership. 2012 tax   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 However, these costs can be deducted only to the extent they qualify as a loss from a business. 2012 tax How To Amortize Deduct start-up and organizational costs in equal amounts over the applicable amortization period (discussed earlier). 2012 tax 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 Once you choose an amortization period, you cannot change it. 2012 tax To figure your deduction, divide your total start-up or organizational costs by the months in the amortization period. 2012 tax The result is the amount you can deduct for each month. 2012 tax Cash method partnership. 2012 tax   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 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 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 You may also be required to attach an accompanying statement (described later) to your return. 2012 tax For start-up or organizational costs paid or incurred after September 8, 2008, an accompanying statement is not required. 2012 tax 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 195-1, 1. 2012 tax 248-1, and 1. 2012 tax 709-1, you must also attach an accompanying statement to elect to amortize the costs. 2012 tax 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 See Starting a Business , earlier, for more information. 2012 tax Generally, you must file the return by the due date (including any extensions). 2012 tax 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 For more information, see the instructions for Part VI of Form 4562. 2012 tax 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 Note. 2012 tax 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 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 A shareholder or partner cannot make this election. 2012 tax You, as a shareholder or partner, cannot amortize any costs you incur in setting up your corporation or partnership. 2012 tax Only the corporation or partnership can amortize these costs. 2012 tax However, you, as an individual, can elect to amortize costs you incur to investigate an interest in an existing partnership. 2012 tax These costs qualify as business start-up costs if you acquire the partnership interest. 2012 tax Start-up costs election statement. 2012 tax   If you elect to amortize your start-up costs, attach a separate statement (if required) that contains the following information. 2012 tax A description of the business to which the start-up costs relate. 2012 tax A description of each start-up cost incurred. 2012 tax The month your active business began (or was acquired). 2012 tax The number of months in your amortization period (which is generally 180 months). 2012 tax Filing the statement early. 2012 tax   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 If you file the statement early, the election becomes effective in the month of the tax year your active business begins. 2012 tax Revised statement. 2012 tax   You can file a revised statement to include any start-up costs not included in your original statement. 2012 tax 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 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 Organizational costs election statement. 2012 tax   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 A description of each cost. 2012 tax The amount of each cost. 2012 tax The date each cost was incurred. 2012 tax The month your corporation or partnership began active business (or acquired the business). 2012 tax The number of months in your amortization period (which is generally 180 months). 2012 tax Partnerships. 2012 tax   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   You do not need to separately list any partnership organizational cost that is less than $10. 2012 tax Instead, you can list the total amount of these costs with the dates the first and last costs were incurred. 2012 tax   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 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 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 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 For more information on the costs of getting a lease, see Cost of Getting a Lease in  chapter 3. 2012 tax How to amortize. 2012 tax   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 Section 197 Intangibles Generally, you may amortize the capitalized costs of “section 197 intangibles” (defined later) ratably over a 15-year period. 2012 tax 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 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 See Anti-Churning Rules, later. 2012 tax 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 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 You cannot deduct amortization for the month you dispose of the intangible. 2012 tax 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 You are not allowed any other depreciation or amortization deduction for an amortizable section 197 intangible. 2012 tax Tax-exempt use property subject to a lease. 2012 tax   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 Cost attributable to other property. 2012 tax   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 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 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 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 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 Goodwill. 2012 tax   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 Going concern value. 2012 tax   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 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 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 Workforce in place, etc. 2012 tax   This includes the composition of a workforce (for example, its experience, education, or training). 2012 tax 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   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 Also, you must amortize the cost of acquiring an existing employment contract or relationship with employees or consultants. 2012 tax Business books and records, etc. 2012 tax   This includes the intangible value of technical manuals, training manuals or programs, data files, and accounting or inventory control systems. 2012 tax 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 Patents, copyrights, etc. 2012 tax   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 Customer-based intangible. 2012 tax   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 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 A customer base. 2012 tax A circulation base. 2012 tax An undeveloped market or market growth. 2012 tax Insurance in force. 2012 tax A mortgage servicing contract. 2012 tax An investment management contract. 2012 tax Any other relationship with customers involving the future provision of goods or services. 2012 tax   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 Supplier-based intangible. 2012 tax   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 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 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 Also, see Assets That Are Not Section 197 Intangibles below. 2012 tax Government-granted license, permit, etc. 2012 tax   This is any right granted by a governmental unit or an agency or instrumentality of a governmental unit. 2012 tax 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 Covenant not to compete. 2012 tax   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 An interest in a trade or business includes an interest in a partnership or a corporation engaged in a trade or business. 2012 tax   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 Franchise, trademark, or trade name. 2012 tax   A franchise, trademark, or trade name is a section 197 intangible. 2012 tax You must amortize its purchase or renewal costs, other than certain contingent payments that you can deduct currently. 2012 tax For information on currently deductible contingent payments, see chapter 11. 2012 tax Professional sports franchise. 2012 tax   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 Contract for the use of, or a term interest in, a section 197 intangible. 2012 tax   Section 197 intangibles include any right under a license, contract, or other arrangement providing for the use of any section 197 intangible. 2012 tax It also includes any term interest in any section 197 intangible, whether the interest is outright or in trust. 2012 tax Assets That Are Not Section 197 Intangibles The following assets are not section 197 intangibles. 2012 tax Any interest in a corporation, partnership, trust, or estate. 2012 tax Any interest under an existing futures contract, foreign currency contract, notional principal contract, interest rate swap, or similar financial contract. 2012 tax Any interest in land. 2012 tax Most computer software. 2012 tax (See Computer software , later. 2012 tax ) 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 An interest in a film, sound recording, video tape, book, or similar property. 2012 tax A right to receive tangible property or services under a contract or from a governmental agency. 2012 tax An interest in a patent or copyright. 2012 tax Certain rights that have a fixed duration or amount. 2012 tax (See Rights of fixed duration or amount , later. 2012 tax ) An interest under either of the following. 2012 tax An existing lease or sublease of tangible property. 2012 tax A debt that was in existence when the interest was acquired. 2012 tax 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 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 Intangible property that is not amortizable under the rules for section 197 intangibles can be depreciated if it meets certain requirements. 2012 tax You generally must use the straight line method over its useful life. 2012 tax For certain intangibles, the depreciation period is specified in the law and regulations. 2012 tax For example, the depreciation period for computer software that is not a section 197 intangible is generally 36 months. 2012 tax 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 Computer software. 2012 tax   Section 197 intangibles do not include the following types of computer software. 2012 tax Software that meets all the following requirements. 2012 tax It is, or has been, readily available for purchase by the general public. 2012 tax It is subject to a nonexclusive license. 2012 tax It has not been substantially modified. 2012 tax 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 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 Computer software defined. 2012 tax   Computer software includes all programs designed to cause a computer to perform a desired function. 2012 tax 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 Rights of fixed duration or amount. 2012 tax   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 However, this does not apply to the following intangibles. 2012 tax Goodwill. 2012 tax Going concern value. 2012 tax A covenant not to compete. 2012 tax A franchise, trademark, or trade name. 2012 tax A customer-related information base, customer-based intangible, or similar item. 2012 tax 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 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 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 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 Amortize these costs using the rules of Revenue Procedure 2004-36. 2012 tax For more information, see Revenue Procedure 2004-36, 2004-24 I. 2012 tax R. 2012 tax B. 2012 tax 1063, available at  www. 2012 tax irs. 2012 tax gov/irb/2004-24_IRB/ar16. 2012 tax html. 2012 tax A change in the treatment of creative property costs is a change in method of accounting. 2012 tax 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 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 Under the anti-churning rules, you cannot use 15-year amortization for the intangible if any of the following conditions apply. 2012 tax 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 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 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 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 See Related person , later, for more information. 2012 tax Exceptions. 2012 tax   The anti-churning rules do not apply in the following situations. 2012 tax You acquired the intangible from a decedent and its basis was stepped up to its fair market value. 2012 tax The intangible was amortizable as a section 197 intangible by the seller or transferor you acquired it from. 2012 tax 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 The gain-recognition exception, discussed later, applies. 2012 tax Related person. 2012 tax   For purposes of the anti-churning rules, the following are related persons. 2012 tax An individual and his or her brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. 2012 tax ), and lineal descendants (children, grandchildren, etc. 2012 tax ). 2012 tax A corporation and an individual who owns, directly or indirectly, more than 20% of the value of the corporation's outstanding stock. 2012 tax 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 (For an exception, see section 1. 2012 tax 197-2(h)(6)(iv) of the regulations. 2012 tax ) 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 The grantor and fiduciary, and the fiduciary and beneficiary, of any trust. 2012 tax 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 The executor and beneficiary of an estate. 2012 tax 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 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 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 Two partnerships if the same persons own, directly or indirectly, more than 20% of the capital or profits interests in both partnerships. 2012 tax A partnership and a person who owns, directly or indirectly, more than 20% of the capital or profits interests in the partnership. 2012 tax 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 When to determine relationship. 2012 tax   Persons are treated as related if the relationship existed at the following time. 2012 tax In the case of a single transaction, immediately before or immediately after the transaction in which the intangible was acquired. 2012 tax 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 Ownership of stock. 2012 tax   In determining whether an individual directly or indirectly owns any of the outstanding stock of a corporation, the following rules apply. 2012 tax Rule 1. 2012 tax   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 Rule 2. 2012 tax   An individual is considered to own the stock directly or indirectly owned by or for his or her family. 2012 tax Family includes only brothers and sisters, half-brothers and half-sisters, spouse, ancestors, and lineal descendants. 2012 tax Rule 3. 2012 tax   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 Rule 4. 2012 tax   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 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 Gain-recognition exception. 2012 tax   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 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 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 See chapter 2 in Publication 544 for information on making this choice. 2012 tax   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 Notification. 2012 tax   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 Anti-abuse rule. 2012 tax   You cannot amortize any section 197 intangible acquired in a transaction for which the principal purpose was either of the following. 2012 tax To avoid the requirement that the intangible be acquired after August 10, 1993. 2012 tax To avoid any of the anti-churning rules. 2012 tax More information. 2012 tax   For more information about the anti-churning rules, including additional rules for partnerships, see Regulations section 1. 2012 tax 197-2(h). 2012 tax 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 See Amended Return , next. 2012 tax 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 See Changing Your Accounting Method , later. 2012 tax Amended Return If you deducted an incorrect amount for amortization, you can file an amended return to correct the following. 2012 tax A mathematical error made in any year. 2012 tax A posting error made in any year. 2012 tax An amortization deduction for a section 197 intangible for which you have not adopted a method of accounting. 2012 tax When to file. 2012 tax   If an amended return is allowed, you must file it by the later of the following dates. 2012 tax 3 years from the date you filed your original return for the year in which you did not deduct the correct amount. 2012 tax (A return filed early is considered filed on the due date. 2012 tax ) 2 years from the time you paid your tax for that year. 2012 tax Changing Your Accounting Method Generally, you must get IRS approval to change your method of accounting. 2012 tax File Form 3115, Application for Change in Accounting Method, to request a change to a permissible method of accounting for amortization. 2012 tax The following are examples of a change in method of accounting for amortization. 2012 tax A change in the amortization method, period of recovery, or convention of an amortizable asset. 2012 tax A change in the accounting for amortizable assets from a single asset account to a multiple asset account (pooling), or vice versa. 2012 tax 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 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 An adjustment in the useful life of an amortizable asset. 2012 tax Generally, the making of a late amortization election or the revocation of a timely valid amortization election. 2012 tax Any change in the placed-in-service date of an amortizable asset. 2012 tax See Regulations section 1. 2012 tax 446-1(e)(2)(ii)(a) for more information and examples. 2012 tax Automatic approval. 2012 tax   In some instances, you may be able to get automatic approval from the IRS to change your method of accounting for amortization. 2012 tax For a list of automatic accounting method changes, see the Instructions for Form 3115. 2012 tax 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 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 See Revenue Procedure 2006-12, 2006-3 I. 2012 tax R. 2012 tax B. 2012 tax 310, available at  www. 2012 tax irs. 2012 tax gov/irb/2006-03_IRB/ar14. 2012 tax html. 2012 tax  See Revenue Procedure 2006-37, 2006-38 I. 2012 tax R. 2012 tax B. 2012 tax 499, available at  www. 2012 tax irs. 2012 tax gov/irb/2006-38_IRB/ar10. 2012 tax html. 2012 tax  See Revenue Procedure 2008-52, 2008-36 I. 2012 tax R. 2012 tax B. 2012 tax 587, available at www. 2012 tax irs. 2012 tax gov/irb/2008-36_IRB/ar09. 2012 tax html. 2012 tax  See Revenue Procedure 2009-39, 2009-38 I. 2012 tax R. 2012 tax B. 2012 tax 371, available at  www. 2012 tax irs. 2012 tax gov/irb/2009-38_IRB/ar08. 2012 tax html. 2012 tax  See Revenue Procedure 2011-14, 2011-4 I. 2012 tax R. 2012 tax B. 2012 tax 330, available at  www. 2012 tax irs. 2012 tax gov/irb/2011-04_IRB/ar08. 2012 tax html. 2012 tax  See Revenue Procedure 2011-22, 2011-18 I. 2012 tax R. 2012 tax B. 2012 tax 737, available at  www. 2012 tax irs. 2012 tax gov/irb/2011-18_IRB/ar08. 2012 tax html. 2012 tax Also, see Revenue Procedure 2012-39, 2012-41 I. 2012 tax R. 2012 tax B. 2012 tax 470 available at www. 2012 tax irs. 2012 tax gov/irb/2012-41_IRB/index. 2012 tax html. 2012 tax Disposition of Section 197 Intangibles A section 197 intangible is treated as depreciable property used in your trade or business. 2012 tax 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 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 Any remaining gain, or any loss, is a section 1231 gain or loss. 2012 tax If you held the intangible 1 year or less, any gain or loss on its disposition is an ordinary gain or loss. 2012 tax For more information on ordinary or capital gain or loss on business property, see chapter 3 in Publication 544. 2012 tax Nondeductible loss. 2012 tax   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 Instead, increase the adjusted basis of each remaining amortizable section 197 intangible by a proportionate part of the nondeductible loss. 2012 tax Figure the increase by multiplying the nondeductible loss on the disposition of the intangible by the following fraction. 2012 tax The numerator is the adjusted basis of each remaining intangible on the date of the disposition. 2012 tax The denominator is the total adjusted bases of all remaining amortizable section 197 intangibles on the date of the disposition. 2012 tax Covenant not to compete. 2012 tax   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 Nonrecognition transfers. 2012 tax   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 You amortize this part of the adjusted basis over the intangible's remaining amortization period in the hands of the transferor. 2012 tax Nonrecognition transfers include transfers to a corporation, partnership contributions and distributions, like-kind exchanges, and involuntary conversions. 2012 tax   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 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 Example. 2012 tax You own a section 197 intangible you have amortized for 4 full years. 2012 tax It has a remaining unamortized basis of $30,000. 2012 tax You exchange the asset plus $10,000 for a like-kind section 197 intangible. 2012 tax The nonrecognition provisions of like-kind exchanges apply. 2012 tax 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 You amortize the other $10,000 of adjusted basis over a new 15-year period. 2012 tax For more information, see Regulations section 1. 2012 tax 197-2(g). 2012 tax Reforestation Costs You can elect to deduct a limited amount of reforestation costs paid or incurred during the tax year. 2012 tax See Reforestation Costs in chapter 7. 2012 tax You can elect to amortize the qualifying costs that are not deducted currently over an 84-month period. 2012 tax There is no limit on the amount of your amortization deduction for reforestation costs paid or incurred during the tax year. 2012 tax 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 A partner, shareholder, or beneficiary cannot make that election. 2012 tax 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 , of a partnership or S corporation. 2012 tax 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 Qualifying costs. 2012 tax   Reforestation costs are the direct costs of planting or seeding for forestation or reforestation. 2012 tax Qualifying costs include only those costs you must capitalize and include in the adjusted basis of the property. 2012 tax They include costs for the following items. 2012 tax Site preparation. 2012 tax Seeds or seedlings. 2012 tax Labor. 2012 tax Tools. 2012 tax Depreciation on equipment used in planting and seeding. 2012 tax 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 Qualified timber property. 2012 tax   Qualified timber property is property that contains trees in significant commercial quantities. 2012 tax It can be a woodlot or other site that you own or lease. 2012 tax The property qualifies only if it meets all of the following requirements. 2012 tax It is located in the United States. 2012 tax 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 It consists of at least one acre planted with tree seedlings in the manner normally used in forestation or reforestation. 2012 tax Qualified timber property does not include property on which you have planted shelter belts or ornamental trees, such as Christmas trees. 2012 tax Amortization period. 2012 tax   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 You can claim amortization deductions for no more than 6 months of the first and last (eighth) tax years of the period. 2012 tax Life tenant and remainderman. 2012 tax   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 Any remainder interest in the property is ignored for amortization purposes. 2012 tax Recapture. 2012 tax   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 See chapter 3 of Publication 544 for more information. 2012 tax How to make the election. 2012 tax   To elect to amortize qualifying reforestation costs, complete Part VI of Form 4562 and attach a statement that contains the following information. 2012 tax A description of the costs and the dates you incurred them. 2012 tax A description of the type of timber being grown and the purpose for which it is grown. 2012 tax Attach a separate statement for each property for which you amortize reforestation costs. 2012 tax   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 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 Attach Form 4562 and the statement to the amended return and write “Filed pursuant to section 301. 2012 tax 9100-2” on Form 4562. 2012 tax File the amended return at the same address you filed the original return. 2012 tax Revoking the election. 2012 tax   You must get IRS approval to revoke your election to amortize qualifying reforestation costs. 2012 tax 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 Please provide your daytime telephone number (optional), in case we need to contact you. 2012 tax 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    Send the application to: Internal Revenue Service Associate Chief Counsel Passthroughs and Special Industries CC:PSI:6 1111 Constitution Ave. 2012 tax 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 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 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 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 Pollution Control Facilities You can elect to amortize the cost of a certified pollution control facility over 60 months. 2012 tax However, see Atmospheric pollution control facilities for an exception. 2012 tax The cost of a pollution control facility that is not eligible for amortization can be depreciated under the regular rules for depreciation. 2012 tax 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 You must reduce its cost (amortizable basis) by the amount of any special allowance you claim. 2012 tax See chapter 3 of Publication 946. 2012 tax 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 The facility must do so by removing, changing, disposing, storing, or preventing the creation or emission of pollutants, contaminants, wastes, or heat. 2012 tax The facility must be certified by state and federal certifying authorities. 2012 tax 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 Also, it must not significantly change the nature of the manufacturing or production process or facility. 2012 tax 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 The federal certifying authority will describe the nature of the potential cost recovery. 2012 tax You must then reduce the amortizable basis of the facility by this potential recovery. 2012 tax New identifiable treatment facility. 2012 tax   A new identifiable treatment facility is tangible depreciable property that is identifiable as a treatment facility. 2012 tax It does not include a building and its structural components unless the building is exclusively a treatment facility. 2012 tax Atmospheric pollution control facilities. 2012 tax   Certain atmospheric pollution control facilities can be amortized over 84 months. 2012 tax To qualify, the following must apply. 2012 tax The facility must be acquired and placed in service after April 11, 2005. 2012 tax If acquired, the original use must begin with you after April 11, 2005. 2012 tax 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 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 Basis reduction for corporations. 2012 tax   A corporation must reduce the amortizable basis of a pollution control facility by 20% before figuring the amortization deduction. 2012 tax More information. 2012 tax   For more information on the amortization of pollution control facilities, see Code sections 169 and 291(c) and the related regulations. 2012 tax 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 If you elect to amortize these costs, deduct them in equal amounts over 60 months or more. 2012 tax The amortization period begins the month you first receive an economic benefit from the costs. 2012 tax For a definition of “research and experimental costs” and information on deducting them as current business expenses, see chapter 7. 2012 tax Optional write-off method. 2012 tax   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 For more information, see Optional Write-off of Certain Tax Preferences , later, and section 59(e) of the Internal Revenue Code. 2012 tax Costs you can amortize. 2012 tax   You can amortize costs chargeable to a capital account (see chapter 1) if you meet both of the following requirements. 2012 tax You paid or incurred the costs in your trade or business. 2012 tax You are not deducting the costs currently. 2012 tax How to make the election. 2012 tax   To elect to amortize research and experimental costs, complete Part VI of Form 4562 and attach it to your income tax return. 2012 tax Generally, you must file the return by the due date (including extensions). 2012 tax 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 Attach Form 4562 to the amended return and write “Filed pursuant to section 301. 2012 tax 9100-2” on Form 4562. 2012 tax File the amended return at the same address you filed the original return. 2012 tax   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 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 If you make this election, there is no AMT adjustment. 2012 tax 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 How to make the election. 2012 tax   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   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 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 Attach Form 4562 to the amended return and write “Filed pursuant to section 301. 2012 tax 9100-2” on Form 4562. 2012 tax File the amended return at the same address you filed the original return. 2012 tax Revoking the election. 2012 tax   You must obtain consent from the IRS to revoke your election. 2012 tax 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 The request must contain all of the information necessary to demonstrate the rare and unusual circumstances that would justify granting revocation. 2012 tax If the request for revocation is approved, any unamortized costs are deductible in the year the revocation is effective. 2012 tax Prev  Up  Next   Home   More Online Publications