Pub. 535, Business Expenses |
2004 Tax Year |
Chapter 8 - Costs You Can Deduct or Capitalize
This is archived information that pertains only to the 2004 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
What's New
Reforestation costs. You can choose to deduct a limited amount of the reforestation costs that are paid or incurred after October 22, 2004. See
Reforestation
Costs, later.
Start-up and organizational costs. You can choose to deduct up to $5,000 of business start-up and organizational costs paid or incurred after October 22, 2004.
See Business
Start-Up Costs and Organizational Costs, later.
Important Reminder
Qualified environmental cleanup (remediation) costs. The deduction for qualified environmental cleanup (remediation) costs include costs you pay or incur before 2006. For more
information on the
environmental cleanup cost deduction, see Environmental Cleanup Costs, later.
Introduction
This chapter discusses costs you can choose to deduct or capitalize.
You generally deduct a cost as a current business expense by subtracting it from your income in either the year you incur
it or the year you pay
it.
If you capitalize a cost, you may be able to recover it over a period of years through periodic deductions for amortization,
depletion, or
depreciation. When you capitalize a cost, you add it to the basis of property to which it relates.
A partnership, corporation, estate, or trust makes the choice to deduct or capitalize the costs discussed in this chapter
except for exploration
costs for mineral deposits. Each individual partner, shareholder, or beneficiary chooses whether to deduct or capitalize exploration
costs.
You may be subject to the alternative minimum tax (AMT) if you deduct any of the expenses discussed in this chapter, other
than carrying charges
and the costs of removing architectural barriers and retired assets.
For more information on the alternative minimum tax, see the instructions for one of the following forms.
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Form 6251, Alternative Minimum Tax—Individuals.
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Form 4626, Alternative Minimum Tax—Corporations.
Topics - This chapter discusses:
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Carrying charges
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Research and experimental costs
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Intangible drilling costs
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Exploration costs
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Development costs
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Circulation costs
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Environmental cleanup costs
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Business start-up and organizational costs
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Reforestation costs
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Retired asset removal costs
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Barrier removal costs
Useful Items - You may want to see:
See chapter 14 for information about getting publications and forms.
Carrying charges include the taxes and interest you pay to carry or develop real property or to carry, transport, or install
personal property.
Certain carrying charges must be capitalized under the uniform capitalization rules. (For information on capitalization of
interest, see chapter 5.)
You can choose to capitalize carrying charges not subject to the uniform capitalization rules, but only if they are otherwise
deductible.
You can choose to capitalize carrying charges separately for each project you have and for each type of carrying charge. For
unimproved and
unproductive real property, your choice is good for only 1 year. You must decide whether to capitalize carrying charges each
year the property remains
unimproved and unproductive. For other real property, your choice to capitalize carrying charges remains in effect until construction
or development
is completed. For personal property, your choice is effective until the date you install or first use it, whichever is later.
How to make the choice.
To make the choice to capitalize a carrying charge, write a statement saying which charges you choose to capitalize.
Attach it to your original tax
return for the year the choice is to be effective. However, if you timely filed your return for the year without making the
choice, you can still make
the choice by filing an amended return within 6 months of the due date of the return (excluding extensions). Attach the statement
to the amended
return and write “ Filed pursuant to section 301.9100-2” on the statement. File the amended return at the same address you filed the original
return.
Research and Experimental Costs
The costs of research and experimentation are generally capital expenses. However, you can choose to deduct these costs as
a current business
expense. Your choice to deduct these costs is binding for the year it is made and for all later years unless you get IRS approval
to make a change.
If you meet certain requirements, you may choose to defer and amortize research and experimental costs. For information on
choosing to defer and
amortize these costs, see Research and Experimental Costs in chapter 9.
Research and experimental costs defined.
Research and experimental costs are reasonable costs you incur in your trade or business for activities intended to
provide information that would
eliminate uncertainty about the development or improvement of a product. Uncertainty exists if the information available to
you does not establish how
to develop or improve a product or the appropriate design of a product. Whether costs qualify as research and experimental
costs depends on the nature
of the activity to which the costs relate rather than on the nature of the product or improvement being developed or the level
of technological
advancement.
The costs of obtaining a patent, including attorneys' fees paid or incurred in making and perfecting a patent application,
are research and
experimental costs. However, costs paid or incurred to obtain another's patent are not research and experimental costs.
Product.
The term “ product” includes any of the following items.
It also includes products used by you in your trade or business or held for sale, lease, or license.
Costs not included.
Research and experimental costs do not include expenses for any of the following activities.
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Advertising or promotions.
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Consumer surveys.
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Efficiency surveys.
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Management studies.
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Quality control testing.
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Research in connection with literary, historical, or similar projects.
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The acquisition of another's patent, model, production, or process.
When and how to choose.
You make the choice to deduct research and experimental costs by deducting them on your tax return for the year in
which you first pay or incur
research and experimental costs. If you do not make the choice to deduct research and experimental costs in the first year
in which you pay or incur
the costs, you can deduct the costs in a later year only with approval from the IRS.
IF you . . .
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THEN . . .
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choose to deduct research and experimental costs as a current business expense
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deduct all research and experimental costs in the first year you pay or incur the costs and all later
years.
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do not deduct research and experimental costs as a current business expense
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if you meet the requirements, amortize them over at least 60 months, starting with the month you first receive an
economic benefit from the research. See Research and Experimental Costs in chapter 9.
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Research credit.
If you pay or incur qualified research expenses, you may be able to take the research credit. For more information
about the research credit, see
the instructions to Form 6765, Credit for Increasing Research Activities.
Intangible Drilling Costs
The costs of developing oil, gas, or geothermal wells are ordinarily capital expenditures. You can usually recover them through
depreciation or
depletion. However, you can choose to deduct intangible drilling costs (IDCs) as a current business expense. These are certain
drilling and
development costs for wells in the United States in which you hold an operating or working interest. You can deduct only costs
for drilling or
preparing a well for the production of oil, gas, or geothermal steam or hot water.
You can choose to deduct only the costs of items with no salvage value. These include wages, fuel, repairs, hauling, and supplies
related to
drilling wells and preparing them for production. Your cost for any drilling or development work done by contractors under
any form of contract is
also an IDC. However, see Amounts paid to contractor that must be capitalized, later.
You can also choose to deduct the cost of drilling exploratory bore holes to determine the location and delineation of offshore
hydrocarbon
deposits if the shaft is capable of conducting hydrocarbons to the surface on completion. It does not matter whether there
is any intent to produce
hydrocarbons.
If you do not choose to deduct your IDCs as a current business expense, you can choose to deduct them over the 60-month period
beginning with the
month they were paid or incurred.
Amounts paid to contractor that must be capitalized.
Amounts paid to a contractor must be capitalized if they are either:
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Amounts properly allocable to the cost of depreciable property, or
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Amounts paid only out of production or proceeds from production if these amounts are depletable income to the recipient.
How to make the choice.
You choose to deduct IDCs as a current business expense by taking the deduction on your income tax return for the
first tax year you have eligible
costs. No formal statement is required. If you file Schedule C (Form 1040), enter these costs under “ Other expenses.”
For oil and gas wells, your choice is binding for the year it is made and for all later years. For geothermal wells,
your choice can be revoked by
the filing of an amended return on which you do not take the deduction. You can file the amended return for the year up to
the normal time of
expiration for filing a claim for credit or refund, generally, within 3 years after the date you filed the original return
or within 2 years after the
date you paid the tax, whichever is later.
Energy credit for costs of geothermal wells.
If you capitalize the drilling and development costs of geothermal wells that you place in service during the tax
year, you may be able to claim a
business energy credit. See the instructions for Form 3468 for more information.
Nonproductive well.
If you capitalize your IDCs, you have another option if the well is nonproductive. You can deduct the IDCs of the
nonproductive well as an ordinary
loss. You must indicate and clearly state your choice on your tax return for the year the well is completed. Once made, the
choice for oil and gas
wells is binding for all later years. You can revoke your choice for a geothermal well by filing an amended return that does
not claim the loss.
Costs incurred outside the United States.
You cannot deduct as a current business expense all the IDCs paid or incurred for an oil, gas, or geothermal well
located outside the United
States. However, you can choose to include the costs in the adjusted basis of the well to figure depletion or depreciation.
If you do not make this
choice, you can deduct the costs over the 10-year period beginning with the tax year in which you paid or incurred them. These
rules do not apply to a
nonproductive well.
The costs of determining the existence, location, extent, or quality of any mineral deposit are ordinarily capital expenditures
if the costs lead
to the development of a mine. You recover these costs through depletion as the mineral is removed from the ground. However,
you can choose to deduct
domestic exploration costs paid or incurred before the beginning of the development stage of the mine (except those for oil,
gas, and geothermal
wells).
How to make the choice.
You choose to deduct exploration costs by taking the deduction on your income tax return, or on an amended income
tax return, for the first tax
year for which you wish to deduct the costs paid or incurred during the tax year. Your return must adequately describe and
identify each property or
mine, and clearly state how much is being deducted for each one. The choice applies to the tax year you make this choice and
all later tax years.
Partnerships.
Each partner, not the partnership, chooses whether to capitalize or to deduct that partner's share of exploration
costs.
Reduced corporate deductions for exploration costs.
A corporation (other than an S corporation) can deduct only 70% of its domestic exploration costs. It must capitalize
the remaining 30% of costs
and amortize them over the 60-month period starting with the month the exploration costs are paid or incurred. A corporation
may also elect to
capitalize and amortize mining exploration costs over a 10-year period. For more information on this method of amortization,
see Internal Revenue Code
section 59(e).
The 30% the corporation capitalizes cannot be added to its basis in the property to figure cost depletion. However,
the amount amortized is treated
as additional depreciation and is subject to recapture as ordinary income on a disposition of the property. See Section 1250 Property under
Depreciation Recapture in chapter 3 of Publication 544.
These rules also apply to the deduction of development costs by corporations. See Development Costs, later.
Recapture of exploration expenses.
When your mine reaches the producing stage, you must recapture any exploration costs you chose to deduct. Use either
of the following methods.
Method 1—Include the deducted costs in gross income for the tax year the mine reaches the producing stage. Your choice must
be clearly
indicated on the return. Increase your adjusted basis in the mine by the amount included in income. Generally, you must choose
this recapture method
by the due date (including extensions) of your return. However, if you timely filed your return for the year without making
the choice, you can still
make the choice by filing an amended return within 6 months of the due date of the return (excluding extensions). Make the
choice on your amended
return and write “Filed pursuant to section 301.9100-2” on the form where you are including the income. File the amended return at the same
address you filed the original return.
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Method 2—Do not claim any depletion deduction for the tax year the mine reaches the producing stage and any later tax years
until the
depletion you would have deducted equals the exploration costs you deducted.
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You also must recapture deducted exploration costs if you receive a bonus or royalty from mine property before it
reaches the producing stage. Do
not claim any depletion deduction for the tax year you receive the bonus or royalty and any later tax years, until the depletion
you would have
deducted equals the exploration costs you deducted.
Generally, if you dispose of the mine before you have fully recaptured the exploration costs you deducted, recapture
the balance by treating all or
part of your gain as ordinary income.
Under these circumstances, you generally treat as ordinary income all of your gain if it is less than your adjusted
exploration costs with respect
to the mine. If your gain is more than your adjusted exploration costs, treat as ordinary income only a part of your gain,
up to the amount of your
adjusted exploration costs.
Foreign exploration costs.
If you pay or incur exploration costs for a mine or other natural deposit located outside the United States, you cannot
deduct all the costs in the
current year. You can choose to include the costs (other than for an oil, gas, or geothermal well) in the adjusted basis of
the mineral property to
figure cost depletion. (Cost depletion is discussed in chapter 10.) If you do not make this choice, you must deduct the costs
over the 10-year period
beginning with the tax year in which you pay or incur them. These rules also apply to foreign development costs.
You can deduct costs paid or incurred during the tax year for developing a mine or any other natural deposit (other than an
oil or gas well)
located in the United States. These costs must be paid or incurred after the discovery of ores or minerals in commercially
marketable quantities.
Development costs include those incurred for you by a contractor. Also, development costs include depreciation on improvements
used in the development
of ores or minerals. They do not include costs for the acquisition or improvement of depreciable property.
Instead of deducting development costs in the year paid or incurred, you can choose to treat them as deferred expenses and
deduct them ratably as
the units of produced ores or minerals benefited by the expenses are sold. This choice applies each tax year to expenses paid
or incurred in that
year. Once made, the choice is binding for the year and cannot be revoked for any reason.
How to make the choice.
The choice to deduct development costs ratably as the ores or minerals are sold must be made for each mine or other
natural deposit by a clear
indication on your return or by a statement filed with the IRS office where you file your return. Generally, you must make
the choice by the due date
of the return (including extensions). However, if you timely filed your return for the year without making the choice, you
can still make the choice
by filing an amended return within 6 months of the due date of the return (excluding extensions). Clearly indicate the choice
on your amended return
and write “ Filed pursuant to section 301.9100-2.” File the amended return at the same address you filed the original return.
Foreign development costs.
The rules discussed earlier for foreign exploration costs apply to foreign development costs.
Reduced corporate deductions for development costs.
The rules discussed earlier for reduced corporate deductions for exploration costs also apply to corporate deductions
for development costs.
A publisher can deduct as a current business expense the costs of establishing, maintaining, or increasing the circulation
of a newspaper,
magazine, or other periodical. For example, a publisher can deduct the cost of hiring extra employees for a limited time to
get new subscriptions
through telephone calls. Circulation costs are deductible even if they normally would be capitalized.
This rule does not apply to the following costs that must be capitalized.
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The purchase of land or depreciable property.
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The acquisition of circulation through the purchase of any part of the business of another publisher of a newspaper, magazine,
or other
periodical, including the purchase of another publisher's list of subscribers.
Other treatment of circulation costs.
If you do not want to deduct circulation costs as a current business expense, you can choose one of the following
ways to recover these costs.
How to make the choice.
You choose to capitalize circulation costs by attaching a statement to your return for the first tax year the choice
applies. Your choice is
binding for the year it is made and for all later years, unless you get IRS approval to revoke it.
Environmental Cleanup Costs
Environmental cleanup (remediation) costs are generally capital expenditures. However, you can choose to deduct these costs
as a current business
expense if certain requirements (discussed later) are met. This special tax treatment is generally available for qualified
environmental cleanup costs
you pay or incur before January 1, 2006.
Qualified environmental cleanup costs.
Qualified environmental cleanup costs are generally costs you pay or incur to abate or control hazardous substances
at a qualified contaminated
site.
Hazardous substance.
Hazardous substances are defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 and
certain substances are designated as hazardous in section 102 of the Act. Substances are not hazardous if a removal or remedial
action is prohibited
under sections 104 and 104(a)(3) of the Act.
Qualified contaminated site.
A qualified contaminated site is any area that meets both of the following requirements.
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You hold it for use in a trade or business, for the production of income, or as inventory.
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There has been a release, threat of release, or disposal of any hazardous substance at or on the site.
You must get a statement from the designated state environmental agency that the site meets requirement (2).
A site is not eligible if it is on, or proposed for, the national priorities list under section 105(a)(8)(B) of the
Comprehensive Environmental
Response, Compensation, and Liability Act of 1980. To find out if a site is on the national priorities list, contact the U.S.
Environmental Protection
Agency.
Expenditures for depreciable property.
You cannot deduct the cost of acquiring depreciable property used in connection with the abatement or control of hazardous
substances at a
qualified contaminated site. However, the part of the depreciation for such property that is otherwise allocated to the qualified
contaminated site
shall be treated as a qualified environmental cleanup cost.
When and how to choose.
You choose to deduct environmental cleanup costs by taking the deduction on the income tax return (filed by the due
date including extensions) for
the taxable year in which the costs are paid or incurred. The costs are deducted differently depending on the type of business
entity involved.
Individuals.
Deduct the environmental cleanup costs on the “ Other Expenses” line of Schedule C, E, or F (Form 1040). If the schedule requires you to
separately identify each expense included in “ Other Expenses” write “ Section 198 Election” on the line next to the environmental cleanup
costs.
All other entities.
All other taxpayers (including S corporations, partnerships, and trusts) deduct the environmental cleanup costs on
the “ Other Deductions” line
of the appropriate federal income tax return. On a schedule attached to the return that separately identifies each expense
included in “ Other
Deductions” write “ Section 198 Election” on the line next to the amount for environmental cleanup costs.
More than one environmental cleanup cost.
If, for any taxable year, you pay or incur more than one environmental cleanup cost, you can choose to deduct one
or more of such expenditures for
that year. You can choose to deduct one expenditure and choose to capitalize another expenditure (whether or not they are
of the same type or paid or
incurred with respect to the same qualified contaminated site). A choice to deduct an expenditure for one year has no effect
on other years. You must
make a separate choice for each year in which you intend to deduct qualified environmental cleanup costs.
Recapture.
This deduction may have to be recaptured as ordinary income under section 1245 when you sell or otherwise dispose
of the property that would have
received an addition to basis if you had not chosen to deduct the expenditure. For more information on recapturing the deduction,
see
Depreciation and amortization under Gain Treated as Ordinary Income in Publication 544.
More information.
For more information about the environmental cleanup cost deduction, see Internal Revenue Code section 198.
Business Start-Up and Organizational Costs
Business start-up and organizational costs are generally capital expenditures. Costs paid or incurred before October 23, 2004,
must be capitalized
unless an election is made to amortize them. You can choose to deduct up to $5,000 of business start-up and $5,000 of organizational
costs, paid or
incurred after October 22, 2004, as a current business expense. The $5,000 deduction is reduced by the amount your total start-up
or organizational
costs exceed $50,000. Any remaining costs must be amortized. For information about amortizing start-up and organizational
costs, see chapter 9.
Start-up costs include any amounts paid or incurred in connection with creating an active trade or business or investigating
the creation or
acquisition of an active trade or business. Organizational costs include the costs of creating a corporation. For more information
on start-up and
organizational costs, see chapter 9.
How to make the choice.
You choose to deduct the start-up or organizational costs by claiming the deduction on the income tax return (filed
by the due date including
extensions) for the taxable year in which the active trade or business begins.
Reforestation costs paid or incurred before October 23, 2004, must be capitalized unless an election is made to amortize them.
You can choose to
deduct up to $10,000 of qualifying reforestation costs paid or incurred after October 22, 2004 for each qualified timber property.
The remaining costs
can be amortized over an 84-month period. See chapter 9 for more information on amortization of reforestation costs.
Qualifying reforestation costs are the direct costs of planting or seeding for forestation or reforestation. Qualified timber
property is property
that contains trees in significant commercial quantities. See chapter 9 for more information on qualifying reforestation costs
and qualified timber
property.
How to make the choice.
You choose to deduct qualifying reforestation costs by claiming the deduction on your timely filed income tax return
(including extensions) for the
tax year the expenses were paid or incurred.
For additional information on reforestation costs, see chapter 9.
Retired Asset Removal Costs
If you retire and remove a depreciable asset in connection with the installation or production of a replacement asset, you
can deduct the costs of
removing the retired asset. However, if you replace a component (part) of a depreciable asset, capitalize the removal costs
if the replacement is an
improvement and deduct the costs if the replacement is a repair.
The cost of an improvement to a business asset is normally a capital expense. However, you can choose to deduct the costs
of making a facility or
public transportation vehicle more accessible to and usable by those who are disabled or elderly. You must own or lease the
facility or vehicle for
use in connection with your trade or business.
A facility is all or any part of buildings, structures, equipment, roads, walks, parking lots, or similar real or personal
property. A public
transportation vehicle is a vehicle, such as a bus or railroad car, that provides transportation service to the public (including
service for your
customers, even if you are not in the business of providing transportation services).
You cannot deduct any costs that you paid or incurred to completely renovate or build a facility or public transportation
vehicle or to replace
depreciable property in the normal course of business.
Deduction limit.
The most you can deduct as a cost of removing barriers to the disabled and the elderly for any tax year is $15,000.
However, you can add any costs
over this limit to the basis of the property and depreciate these excess costs.
Partners and partnerships.
The $15,000 limit applies to a partnership and also to each partner in the partnership. A partner can allocate the
$15,000 limit in any manner
among the partner's individually incurred costs and the partner's distributive share of partnership costs. If the partner
cannot deduct the entire
share of partnership costs, the partnership can add any costs not deducted to the basis of the improved property.
A partnership must be able to show that any amount added to basis was not deducted by the partner and that it was
over a partner's $15,000 limit
(as determined by the partner). If the partnership cannot show this, it is presumed that the partner was able to deduct the
distributive share of the
partnership's costs in full.
Example.
John Duke's distributive share of ABC partnership's deductible expenses for the removal of architectural barriers was $14,000.
John had $12,000 of
similar expenses in his sole proprietorship. He chose to deduct $7,000 of them. John allocated the remaining $8,000 of the
$15,000 limit to his share
of ABC's expenses. John can add the excess $5,000 of his own expenses to the basis of the property used in his business. Also,
if ABC can show that
John could not deduct $6,000 ($14,000 – $8,000) of his share of the partnership's expenses because of how John applied the
limit, ABC can add
$6,000 to the basis of its property.
Qualification standards.
You can deduct your costs as a current expense only if the barrier removal meets the guidelines and requirements issued
by the Architectural and
Transportation Barriers Compliance Board under the Americans with Disabilities Act (ADA) of 1990. You can view the Act at
www.usdoj.gov/crt/ada/pubs/ada.txt.
The following is a list of some architectural barrier removal costs that can be deducted.
You can find the ADA guidelines and requirements for architectural barrier removal at
www.usdoj.gov/crt/ada/reg3a.html.
The following is a list of some deductible transportation barrier removal costs.
You can find the guidelines and requirements for transportation barrier removal at
www.fta.dot.gov/14534_5608_ENG_HTML.htm
Also, you can access the ADA website at
www.ada.gov for additional information.
Other barrier removals.
To be deductible, expenses of removing any barrier not covered by the above standards must meet all three of the following
tests.
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The removed barrier must be a substantial barrier to access or use of a facility or public transportation vehicle by persons
who have a
disability or are elderly.
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The removed barrier must have been a barrier for at least one major group of persons who have a disability or are elderly
(such as people
who are blind, deaf, or wheelchair users).
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The barrier must be removed without creating any new barrier that significantly impairs access to or use of the facility or
vehicle by a
major group of persons who have a disability or are elderly.
How to make the choice.
If you choose to deduct your costs for removing barriers to the disabled or the elderly, claim the deduction on your
income tax return (partnership
return for partnerships) for the tax year the expenses were paid or incurred. Identify the deduction as a separate item. The
choice applies to all the
qualifying costs you have during the year, up to the $15,000 limit. If you make this choice, you must maintain adequate records
to support your
deduction.
For your choice to be valid, you generally must file your return by its due date, including extensions. However, if
you timely filed your return
for the year without making the choice, you can still make the choice by filing an amended return within 6 months of the due
date of the return
(excluding extensions). Clearly indicate the choice on your amended return and write “ Filed pursuant to section 301.9100-2.” File the amended
return at the same address you filed the original return. Your choice is irrevocable after the due date, including extensions,
of your return.
Disabled access credit.
If you make your business accessible to persons with disabilities and your business is an eligible small business,
you may be able to claim the
disabled access credit. If you choose to claim the credit, you must reduce the amount you deduct or capitalize by the amount
of the credit.
For more information about the disabled access credit, see Form 8826.
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