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1040 Ez Form 2010

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1040 Ez Form 2010

1040 ez form 2010 8. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 It is similar to the straight line method of depreciation. 1040 ez form 2010 The various amortizable costs covered in this chapter are included in the list below. 1040 ez form 2010 However, this chapter does not discuss amortization of bond premium. 1040 ez form 2010 For information on that topic, see chapter 3 of Publication 550, Investment Income and Expenses. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 To report amortization from previous years, in addition to amortization that begins in the current year, list on Form 4562 each item separately. 1040 ez form 2010 For example, in 2012, you began to amortize a lease. 1040 ez form 2010 In 2013, you began to amortize a second lease. 1040 ez form 2010 Report amortization from the new lease on line 42 of your 2013 Form 4562. 1040 ez form 2010 Report amortization from the 2012 lease on line 43 of your 2013 Form 4562. 1040 ez form 2010 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). 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 Generally, you recover costs for particular assets through depreciation deductions. 1040 ez form 2010 However, you generally cannot recover other costs until you sell the business or otherwise go out of business. 1040 ez form 2010 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. 1040 ez form 2010 For costs paid or incurred after September 8, 2008, you can deduct a limited amount of start-up and organizational costs. 1040 ez form 2010 The costs that are not deducted currently can be amortized ratably over a 180-month period. 1040 ez form 2010 The amortization period starts with the month you begin operating your active trade or business. 1040 ez form 2010 You are not required to attach a statement to make this election. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 See Regulations sections 1. 1040 ez form 2010 195-1, 1. 1040 ez form 2010 248-1, and 1. 1040 ez form 2010 709-1. 1040 ez form 2010 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. 1040 ez form 2010 Any costs not deducted can be amortized ratably over a 180-month period, beginning with the month you begin business. 1040 ez form 2010 If the election is made, you must attach any statement required by Regulations sections 1. 1040 ez form 2010 195-1(b), 1. 1040 ez form 2010 248-1(c), and 1. 1040 ez form 2010 709-1(c), as in effect before September 9, 2008. 1040 ez form 2010 Note. 1040 ez form 2010 You can apply the provisions of Regulations sections 1. 1040 ez form 2010 195-1, 1. 1040 ez form 2010 248-1, and 1. 1040 ez form 2010 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. 1040 ez form 2010 Otherwise, the provisions under Regulations sections 1. 1040 ez form 2010 195-1(b), 1. 1040 ez form 2010 248-1(c), and 1. 1040 ez form 2010 709-1(c), as in effect before September 9, 2008, will apply. 1040 ez form 2010 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. 1040 ez form 2010 See How To Make the Election , later. 1040 ez form 2010 The cost must qualify as one of the following. 1040 ez form 2010 A business start-up cost. 1040 ez form 2010 An organizational cost for a corporation. 1040 ez form 2010 An organizational cost for a partnership. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 Qualifying costs. 1040 ez form 2010   A start-up cost is amortizable if it meets both of the following tests. 1040 ez form 2010 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). 1040 ez form 2010 It is a cost you pay or incur before the day your active trade or business begins. 1040 ez form 2010   Start-up costs include amounts paid for the following: An analysis or survey of potential markets, products, labor supply, transportation facilities, etc. 1040 ez form 2010 Advertisements for the opening of the business. 1040 ez form 2010 Salaries and wages for employees who are being trained and their instructors. 1040 ez form 2010 Travel and other necessary costs for securing prospective distributors, suppliers, or customers. 1040 ez form 2010 Salaries and fees for executives and consultants, or for similar professional services. 1040 ez form 2010 Nonqualifying costs. 1040 ez form 2010   Start-up costs do not include deductible interest, taxes, or research and experimental costs. 1040 ez form 2010 See Research and Experimental Costs , later. 1040 ez form 2010 Purchasing an active trade or business. 1040 ez form 2010   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. 1040 ez form 2010 These are costs that help you decide whether to purchase a business. 1040 ez form 2010 Costs you incur in an attempt to purchase a specific business are capital expenses that you cannot amortize. 1040 ez form 2010 Example. 1040 ez form 2010 On June 1st, you hired an accounting firm and a law firm to assist you in the potential purchase of XYZ, Inc. 1040 ez form 2010 They researched XYZ's industry and analyzed the financial projections of XYZ, Inc. 1040 ez form 2010 In September, the law firm prepared and submitted a letter of intent to XYZ, Inc. 1040 ez form 2010 The letter stated that a binding commitment would result only after a purchase agreement was signed. 1040 ez form 2010 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. 1040 ez form 2010 On October 22nd, you signed a purchase agreement with XYZ, Inc. 1040 ez form 2010 All amounts paid or incurred to investigate the business before October 22nd are amortizable investigative costs. 1040 ez form 2010 Amounts paid on or after that date relate to the attempt to purchase the business and therefore must be capitalized. 1040 ez form 2010 Disposition of business. 1040 ez form 2010   If you completely dispose of your business before the end of the amortization period, you can deduct any remaining deferred start-up costs. 1040 ez form 2010 However, you can deduct these deferred start-up costs only to the extent they qualify as a loss from a business. 1040 ez form 2010 Costs of Organizing a Corporation Amounts paid to organize a corporation are the direct costs of creating the corporation. 1040 ez form 2010 Qualifying costs. 1040 ez form 2010   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. 1040 ez form 2010   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. 1040 ez form 2010   Examples of organizational costs include: The cost of temporary directors. 1040 ez form 2010 The cost of organizational meetings. 1040 ez form 2010 State incorporation fees. 1040 ez form 2010 The cost of legal services. 1040 ez form 2010 Nonqualifying costs. 1040 ez form 2010   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. 1040 ez form 2010 Costs associated with the transfer of assets to the corporation. 1040 ez form 2010 Costs of Organizing a Partnership The costs to organize a partnership are the direct costs of creating the partnership. 1040 ez form 2010 Qualifying costs. 1040 ez form 2010   A partnership can amortize an organizational cost only if it meets all the following tests. 1040 ez form 2010 It is for the creation of the partnership and not for starting or operating the partnership trade or business. 1040 ez form 2010 It is chargeable to a capital account (see chapter 1). 1040 ez form 2010 It could be amortized over the life of the partnership if the partnership had a fixed life. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 It is for a type of item normally expected to benefit the partnership throughout its entire life. 1040 ez form 2010   Organizational costs include the following fees. 1040 ez form 2010 Legal fees for services incident to the organization of the partnership, such as negotiation and preparation of the partnership agreement. 1040 ez form 2010 Accounting fees for services incident to the organization of the partnership. 1040 ez form 2010 Filing fees. 1040 ez form 2010 Nonqualifying costs. 1040 ez form 2010   The following costs cannot be amortized. 1040 ez form 2010 The cost of acquiring assets for the partnership or transferring assets to the partnership. 1040 ez form 2010 The cost of admitting or removing partners, other than at the time the partnership is first organized. 1040 ez form 2010 The cost of making a contract concerning the operation of the partnership trade or business including a contract between a partner and the partnership. 1040 ez form 2010 The costs for issuing and marketing interests in the partnership such as brokerage, registration, and legal fees and printing costs. 1040 ez form 2010 These “syndication fees” are capital expenses that cannot be depreciated or amortized. 1040 ez form 2010 Liquidation of partnership. 1040 ez form 2010   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. 1040 ez form 2010 However, these costs can be deducted only to the extent they qualify as a loss from a business. 1040 ez form 2010 How To Amortize Deduct start-up and organizational costs in equal amounts over the applicable amortization period (discussed earlier). 1040 ez form 2010 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. 1040 ez form 2010 Once you choose an amortization period, you cannot change it. 1040 ez form 2010 To figure your deduction, divide your total start-up or organizational costs by the months in the amortization period. 1040 ez form 2010 The result is the amount you can deduct for each month. 1040 ez form 2010 Cash method partnership. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 You may also be required to attach an accompanying statement (described later) to your return. 1040 ez form 2010 For start-up or organizational costs paid or incurred after September 8, 2008, an accompanying statement is not required. 1040 ez form 2010 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. 1040 ez form 2010 195-1, 1. 1040 ez form 2010 248-1, and 1. 1040 ez form 2010 709-1, you must also attach an accompanying statement to elect to amortize the costs. 1040 ez form 2010 If you have both start-up and organizational costs, attach a separate statement (if required) to your return for each type of cost. 1040 ez form 2010 See Starting a Business , earlier, for more information. 1040 ez form 2010 Generally, you must file the return by the due date (including any extensions). 1040 ez form 2010 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). 1040 ez form 2010 For more information, see the instructions for Part VI of Form 4562. 1040 ez form 2010 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. 1040 ez form 2010 Note. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 A shareholder or partner cannot make this election. 1040 ez form 2010 You, as a shareholder or partner, cannot amortize any costs you incur in setting up your corporation or partnership. 1040 ez form 2010 Only the corporation or partnership can amortize these costs. 1040 ez form 2010 However, you, as an individual, can elect to amortize costs you incur to investigate an interest in an existing partnership. 1040 ez form 2010 These costs qualify as business start-up costs if you acquire the partnership interest. 1040 ez form 2010 Start-up costs election statement. 1040 ez form 2010   If you elect to amortize your start-up costs, attach a separate statement (if required) that contains the following information. 1040 ez form 2010 A description of the business to which the start-up costs relate. 1040 ez form 2010 A description of each start-up cost incurred. 1040 ez form 2010 The month your active business began (or was acquired). 1040 ez form 2010 The number of months in your amortization period (which is generally 180 months). 1040 ez form 2010 Filing the statement early. 1040 ez form 2010   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. 1040 ez form 2010 If you file the statement early, the election becomes effective in the month of the tax year your active business begins. 1040 ez form 2010 Revised statement. 1040 ez form 2010   You can file a revised statement to include any start-up costs not included in your original statement. 1040 ez form 2010 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. 1040 ez form 2010 You can file the revised statement with a return filed after the return on which you elected to amortize your start-up costs. 1040 ez form 2010 Organizational costs election statement. 1040 ez form 2010   If you elect to amortize your corporation's or partnership's organizational costs, attach a separate statement (if required) that contains the following information. 1040 ez form 2010 A description of each cost. 1040 ez form 2010 The amount of each cost. 1040 ez form 2010 The date each cost was incurred. 1040 ez form 2010 The month your corporation or partnership began active business (or acquired the business). 1040 ez form 2010 The number of months in your amortization period (which is generally 180 months). 1040 ez form 2010 Partnerships. 1040 ez form 2010   The statement prepared for a cash basis partnership must also indicate the amount paid before the end of the year for each cost. 1040 ez form 2010   You do not need to separately list any partnership organizational cost that is less than $10. 1040 ez form 2010 Instead, you can list the total amount of these costs with the dates the first and last costs were incurred. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 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). 1040 ez form 2010 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). 1040 ez form 2010 For more information on the costs of getting a lease, see Cost of Getting a Lease in  chapter 3. 1040 ez form 2010 How to amortize. 1040 ez form 2010   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. 1040 ez form 2010 Section 197 Intangibles Generally, you may amortize the capitalized costs of “section 197 intangibles” (defined later) ratably over a 15-year period. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 See Anti-Churning Rules, later. 1040 ez form 2010 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). 1040 ez form 2010 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. 1040 ez form 2010 You cannot deduct amortization for the month you dispose of the intangible. 1040 ez form 2010 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. 1040 ez form 2010 You are not allowed any other depreciation or amortization deduction for an amortizable section 197 intangible. 1040 ez form 2010 Tax-exempt use property subject to a lease. 1040 ez form 2010   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. 1040 ez form 2010 Cost attributable to other property. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 Goodwill. 1040 ez form 2010   This is the value of a trade or business based on expected continued customer patronage due to its name, reputation, or any other factor. 1040 ez form 2010 Going concern value. 1040 ez form 2010   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. 1040 ez form 2010 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). 1040 ez form 2010 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. 1040 ez form 2010 Workforce in place, etc. 1040 ez form 2010   This includes the composition of a workforce (for example, its experience, education, or training). 1040 ez form 2010 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. 1040 ez form 2010   For example, you must amortize the part of the purchase price of a business that is for the existence of a highly skilled workforce. 1040 ez form 2010 Also, you must amortize the cost of acquiring an existing employment contract or relationship with employees or consultants. 1040 ez form 2010 Business books and records, etc. 1040 ez form 2010   This includes the intangible value of technical manuals, training manuals or programs, data files, and accounting or inventory control systems. 1040 ez form 2010 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. 1040 ez form 2010 Patents, copyrights, etc. 1040 ez form 2010   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 . 1040 ez form 2010 Customer-based intangible. 1040 ez form 2010   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. 1040 ez form 2010 For example, you must amortize the part of the purchase price of a business that is for the existence of the following intangibles. 1040 ez form 2010 A customer base. 1040 ez form 2010 A circulation base. 1040 ez form 2010 An undeveloped market or market growth. 1040 ez form 2010 Insurance in force. 1040 ez form 2010 A mortgage servicing contract. 1040 ez form 2010 An investment management contract. 1040 ez form 2010 Any other relationship with customers involving the future provision of goods or services. 1040 ez form 2010   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. 1040 ez form 2010 Supplier-based intangible. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 Do not include any amount required to be paid for the goods or services to honor the terms of the agreement or other relationship. 1040 ez form 2010 Also, see Assets That Are Not Section 197 Intangibles below. 1040 ez form 2010 Government-granted license, permit, etc. 1040 ez form 2010   This is any right granted by a governmental unit or an agency or instrumentality of a governmental unit. 1040 ez form 2010 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. 1040 ez form 2010 Covenant not to compete. 1040 ez form 2010   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. 1040 ez form 2010 An interest in a trade or business includes an interest in a partnership or a corporation engaged in a trade or business. 1040 ez form 2010   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. 1040 ez form 2010 Franchise, trademark, or trade name. 1040 ez form 2010   A franchise, trademark, or trade name is a section 197 intangible. 1040 ez form 2010 You must amortize its purchase or renewal costs, other than certain contingent payments that you can deduct currently. 1040 ez form 2010 For information on currently deductible contingent payments, see chapter 11. 1040 ez form 2010 Professional sports franchise. 1040 ez form 2010   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. 1040 ez form 2010 Contract for the use of, or a term interest in, a section 197 intangible. 1040 ez form 2010   Section 197 intangibles include any right under a license, contract, or other arrangement providing for the use of any section 197 intangible. 1040 ez form 2010 It also includes any term interest in any section 197 intangible, whether the interest is outright or in trust. 1040 ez form 2010 Assets That Are Not Section 197 Intangibles The following assets are not section 197 intangibles. 1040 ez form 2010 Any interest in a corporation, partnership, trust, or estate. 1040 ez form 2010 Any interest under an existing futures contract, foreign currency contract, notional principal contract, interest rate swap, or similar financial contract. 1040 ez form 2010 Any interest in land. 1040 ez form 2010 Most computer software. 1040 ez form 2010 (See Computer software , later. 1040 ez form 2010 ) 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. 1040 ez form 2010 An interest in a film, sound recording, video tape, book, or similar property. 1040 ez form 2010 A right to receive tangible property or services under a contract or from a governmental agency. 1040 ez form 2010 An interest in a patent or copyright. 1040 ez form 2010 Certain rights that have a fixed duration or amount. 1040 ez form 2010 (See Rights of fixed duration or amount , later. 1040 ez form 2010 ) An interest under either of the following. 1040 ez form 2010 An existing lease or sublease of tangible property. 1040 ez form 2010 A debt that was in existence when the interest was acquired. 1040 ez form 2010 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. 1040 ez form 2010 Certain transaction costs incurred by parties to a corporate organization or reorganization in which any part of a gain or loss is not recognized. 1040 ez form 2010 Intangible property that is not amortizable under the rules for section 197 intangibles can be depreciated if it meets certain requirements. 1040 ez form 2010 You generally must use the straight line method over its useful life. 1040 ez form 2010 For certain intangibles, the depreciation period is specified in the law and regulations. 1040 ez form 2010 For example, the depreciation period for computer software that is not a section 197 intangible is generally 36 months. 1040 ez form 2010 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. 1040 ez form 2010 Computer software. 1040 ez form 2010   Section 197 intangibles do not include the following types of computer software. 1040 ez form 2010 Software that meets all the following requirements. 1040 ez form 2010 It is, or has been, readily available for purchase by the general public. 1040 ez form 2010 It is subject to a nonexclusive license. 1040 ez form 2010 It has not been substantially modified. 1040 ez form 2010 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. 1040 ez form 2010 Software that is not acquired in connection with the acquisition of a trade or business or a substantial part of a trade or business. 1040 ez form 2010 Computer software defined. 1040 ez form 2010   Computer software includes all programs designed to cause a computer to perform a desired function. 1040 ez form 2010 It also includes any database or similar item that is in the public domain and is incidental to the operation of qualifying software. 1040 ez form 2010 Rights of fixed duration or amount. 1040 ez form 2010   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. 1040 ez form 2010 However, this does not apply to the following intangibles. 1040 ez form 2010 Goodwill. 1040 ez form 2010 Going concern value. 1040 ez form 2010 A covenant not to compete. 1040 ez form 2010 A franchise, trademark, or trade name. 1040 ez form 2010 A customer-related information base, customer-based intangible, or similar item. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 Amortize these costs using the rules of Revenue Procedure 2004-36. 1040 ez form 2010 For more information, see Revenue Procedure 2004-36, 2004-24 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 1063, available at  www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2004-24_IRB/ar16. 1040 ez form 2010 html. 1040 ez form 2010 A change in the treatment of creative property costs is a change in method of accounting. 1040 ez form 2010 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. 1040 ez form 2010 These rules apply to goodwill and going concern value, and to any other section 197 intangible that is not otherwise depreciable or amortizable. 1040 ez form 2010 Under the anti-churning rules, you cannot use 15-year amortization for the intangible if any of the following conditions apply. 1040 ez form 2010 You or a related person (defined later) held or used the intangible at any time from July 25, 1991, through August 10, 1993. 1040 ez form 2010 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. 1040 ez form 2010 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). 1040 ez form 2010 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. 1040 ez form 2010 See Related person , later, for more information. 1040 ez form 2010 Exceptions. 1040 ez form 2010   The anti-churning rules do not apply in the following situations. 1040 ez form 2010 You acquired the intangible from a decedent and its basis was stepped up to its fair market value. 1040 ez form 2010 The intangible was amortizable as a section 197 intangible by the seller or transferor you acquired it from. 1040 ez form 2010 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. 1040 ez form 2010 The gain-recognition exception, discussed later, applies. 1040 ez form 2010 Related person. 1040 ez form 2010   For purposes of the anti-churning rules, the following are related persons. 1040 ez form 2010 An individual and his or her brothers, sisters, half-brothers, half-sisters, spouse, ancestors (parents, grandparents, etc. 1040 ez form 2010 ), and lineal descendants (children, grandchildren, etc. 1040 ez form 2010 ). 1040 ez form 2010 A corporation and an individual who owns, directly or indirectly, more than 20% of the value of the corporation's outstanding stock. 1040 ez form 2010 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. 1040 ez form 2010 (For an exception, see section 1. 1040 ez form 2010 197-2(h)(6)(iv) of the regulations. 1040 ez form 2010 ) 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. 1040 ez form 2010 The grantor and fiduciary, and the fiduciary and beneficiary, of any trust. 1040 ez form 2010 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. 1040 ez form 2010 The executor and beneficiary of an estate. 1040 ez form 2010 A tax-exempt educational or charitable organization and a person who directly or indirectly controls the organization (or whose family members control it). 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 Two partnerships if the same persons own, directly or indirectly, more than 20% of the capital or profits interests in both partnerships. 1040 ez form 2010 A partnership and a person who owns, directly or indirectly, more than 20% of the capital or profits interests in the partnership. 1040 ez form 2010 Two persons who are engaged in trades or businesses under common control (as described in section 41(f)(1) of the Internal Revenue Code). 1040 ez form 2010 When to determine relationship. 1040 ez form 2010   Persons are treated as related if the relationship existed at the following time. 1040 ez form 2010 In the case of a single transaction, immediately before or immediately after the transaction in which the intangible was acquired. 1040 ez form 2010 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. 1040 ez form 2010 Ownership of stock. 1040 ez form 2010   In determining whether an individual directly or indirectly owns any of the outstanding stock of a corporation, the following rules apply. 1040 ez form 2010 Rule 1. 1040 ez form 2010   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. 1040 ez form 2010 Rule 2. 1040 ez form 2010   An individual is considered to own the stock directly or indirectly owned by or for his or her family. 1040 ez form 2010 Family includes only brothers and sisters, half-brothers and half-sisters, spouse, ancestors, and lineal descendants. 1040 ez form 2010 Rule 3. 1040 ez form 2010   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. 1040 ez form 2010 Rule 4. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 Gain-recognition exception. 1040 ez form 2010   This exception to the anti-churning rules applies if the person you acquired the intangible from (the transferor) meets both of the following requirements. 1040 ez form 2010 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. 1040 ez form 2010 That person chose to recognize gain on the disposition of the intangible and pay income tax on the gain at the highest tax rate. 1040 ez form 2010 See chapter 2 in Publication 544 for information on making this choice. 1040 ez form 2010   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. 1040 ez form 2010 Notification. 1040 ez form 2010   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. 1040 ez form 2010 Anti-abuse rule. 1040 ez form 2010   You cannot amortize any section 197 intangible acquired in a transaction for which the principal purpose was either of the following. 1040 ez form 2010 To avoid the requirement that the intangible be acquired after August 10, 1993. 1040 ez form 2010 To avoid any of the anti-churning rules. 1040 ez form 2010 More information. 1040 ez form 2010   For more information about the anti-churning rules, including additional rules for partnerships, see Regulations section 1. 1040 ez form 2010 197-2(h). 1040 ez form 2010 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. 1040 ez form 2010 See Amended Return , next. 1040 ez form 2010 If you are not allowed to make the correction on an amended return, you can change your accounting method to claim the correct amortization. 1040 ez form 2010 See Changing Your Accounting Method , later. 1040 ez form 2010 Amended Return If you deducted an incorrect amount for amortization, you can file an amended return to correct the following. 1040 ez form 2010 A mathematical error made in any year. 1040 ez form 2010 A posting error made in any year. 1040 ez form 2010 An amortization deduction for a section 197 intangible for which you have not adopted a method of accounting. 1040 ez form 2010 When to file. 1040 ez form 2010   If an amended return is allowed, you must file it by the later of the following dates. 1040 ez form 2010 3 years from the date you filed your original return for the year in which you did not deduct the correct amount. 1040 ez form 2010 (A return filed early is considered filed on the due date. 1040 ez form 2010 ) 2 years from the time you paid your tax for that year. 1040 ez form 2010 Changing Your Accounting Method Generally, you must get IRS approval to change your method of accounting. 1040 ez form 2010 File Form 3115, Application for Change in Accounting Method, to request a change to a permissible method of accounting for amortization. 1040 ez form 2010 The following are examples of a change in method of accounting for amortization. 1040 ez form 2010 A change in the amortization method, period of recovery, or convention of an amortizable asset. 1040 ez form 2010 A change in the accounting for amortizable assets from a single asset account to a multiple asset account (pooling), or vice versa. 1040 ez form 2010 A change in the accounting for amortizable assets from one type of multiple asset account to a different type of multiple asset account. 1040 ez form 2010 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. 1040 ez form 2010 An adjustment in the useful life of an amortizable asset. 1040 ez form 2010 Generally, the making of a late amortization election or the revocation of a timely valid amortization election. 1040 ez form 2010 Any change in the placed-in-service date of an amortizable asset. 1040 ez form 2010 See Regulations section 1. 1040 ez form 2010 446-1(e)(2)(ii)(a) for more information and examples. 1040 ez form 2010 Automatic approval. 1040 ez form 2010   In some instances, you may be able to get automatic approval from the IRS to change your method of accounting for amortization. 1040 ez form 2010 For a list of automatic accounting method changes, see the Instructions for Form 3115. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 See Revenue Procedure 2006-12, 2006-3 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 310, available at  www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2006-03_IRB/ar14. 1040 ez form 2010 html. 1040 ez form 2010  See Revenue Procedure 2006-37, 2006-38 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 499, available at  www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2006-38_IRB/ar10. 1040 ez form 2010 html. 1040 ez form 2010  See Revenue Procedure 2008-52, 2008-36 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 587, available at www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2008-36_IRB/ar09. 1040 ez form 2010 html. 1040 ez form 2010  See Revenue Procedure 2009-39, 2009-38 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 371, available at  www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2009-38_IRB/ar08. 1040 ez form 2010 html. 1040 ez form 2010  See Revenue Procedure 2011-14, 2011-4 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 330, available at  www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2011-04_IRB/ar08. 1040 ez form 2010 html. 1040 ez form 2010  See Revenue Procedure 2011-22, 2011-18 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 737, available at  www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2011-18_IRB/ar08. 1040 ez form 2010 html. 1040 ez form 2010 Also, see Revenue Procedure 2012-39, 2012-41 I. 1040 ez form 2010 R. 1040 ez form 2010 B. 1040 ez form 2010 470 available at www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/irb/2012-41_IRB/index. 1040 ez form 2010 html. 1040 ez form 2010 Disposition of Section 197 Intangibles A section 197 intangible is treated as depreciable property used in your trade or business. 1040 ez form 2010 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). 1040 ez form 2010 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. 1040 ez form 2010 Any remaining gain, or any loss, is a section 1231 gain or loss. 1040 ez form 2010 If you held the intangible 1 year or less, any gain or loss on its disposition is an ordinary gain or loss. 1040 ez form 2010 For more information on ordinary or capital gain or loss on business property, see chapter 3 in Publication 544. 1040 ez form 2010 Nondeductible loss. 1040 ez form 2010   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. 1040 ez form 2010 Instead, increase the adjusted basis of each remaining amortizable section 197 intangible by a proportionate part of the nondeductible loss. 1040 ez form 2010 Figure the increase by multiplying the nondeductible loss on the disposition of the intangible by the following fraction. 1040 ez form 2010 The numerator is the adjusted basis of each remaining intangible on the date of the disposition. 1040 ez form 2010 The denominator is the total adjusted bases of all remaining amortizable section 197 intangibles on the date of the disposition. 1040 ez form 2010 Covenant not to compete. 1040 ez form 2010   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. 1040 ez form 2010 Nonrecognition transfers. 1040 ez form 2010   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. 1040 ez form 2010 You amortize this part of the adjusted basis over the intangible's remaining amortization period in the hands of the transferor. 1040 ez form 2010 Nonrecognition transfers include transfers to a corporation, partnership contributions and distributions, like-kind exchanges, and involuntary conversions. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 Example. 1040 ez form 2010 You own a section 197 intangible you have amortized for 4 full years. 1040 ez form 2010 It has a remaining unamortized basis of $30,000. 1040 ez form 2010 You exchange the asset plus $10,000 for a like-kind section 197 intangible. 1040 ez form 2010 The nonrecognition provisions of like-kind exchanges apply. 1040 ez form 2010 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. 1040 ez form 2010 You amortize the other $10,000 of adjusted basis over a new 15-year period. 1040 ez form 2010 For more information, see Regulations section 1. 1040 ez form 2010 197-2(g). 1040 ez form 2010 Reforestation Costs You can elect to deduct a limited amount of reforestation costs paid or incurred during the tax year. 1040 ez form 2010 See Reforestation Costs in chapter 7. 1040 ez form 2010 You can elect to amortize the qualifying costs that are not deducted currently over an 84-month period. 1040 ez form 2010 There is no limit on the amount of your amortization deduction for reforestation costs paid or incurred during the tax year. 1040 ez form 2010 The election to amortize reforestation costs incurred by a partnership, S corporation, or estate must be made by the partnership, corporation, or estate. 1040 ez form 2010 A partner, shareholder, or beneficiary cannot make that election. 1040 ez form 2010 A partner's or shareholder's share of amortizable costs is figured under the general rules for allocating items of income, loss, deduction, etc. 1040 ez form 2010 , of a partnership or S corporation. 1040 ez form 2010 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. 1040 ez form 2010 Qualifying costs. 1040 ez form 2010   Reforestation costs are the direct costs of planting or seeding for forestation or reforestation. 1040 ez form 2010 Qualifying costs include only those costs you must capitalize and include in the adjusted basis of the property. 1040 ez form 2010 They include costs for the following items. 1040 ez form 2010 Site preparation. 1040 ez form 2010 Seeds or seedlings. 1040 ez form 2010 Labor. 1040 ez form 2010 Tools. 1040 ez form 2010 Depreciation on equipment used in planting and seeding. 1040 ez form 2010 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. 1040 ez form 2010 Qualified timber property. 1040 ez form 2010   Qualified timber property is property that contains trees in significant commercial quantities. 1040 ez form 2010 It can be a woodlot or other site that you own or lease. 1040 ez form 2010 The property qualifies only if it meets all of the following requirements. 1040 ez form 2010 It is located in the United States. 1040 ez form 2010 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. 1040 ez form 2010 It consists of at least one acre planted with tree seedlings in the manner normally used in forestation or reforestation. 1040 ez form 2010 Qualified timber property does not include property on which you have planted shelter belts or ornamental trees, such as Christmas trees. 1040 ez form 2010 Amortization period. 1040 ez form 2010   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. 1040 ez form 2010 You can claim amortization deductions for no more than 6 months of the first and last (eighth) tax years of the period. 1040 ez form 2010 Life tenant and remainderman. 1040 ez form 2010   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. 1040 ez form 2010 Any remainder interest in the property is ignored for amortization purposes. 1040 ez form 2010 Recapture. 1040 ez form 2010   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. 1040 ez form 2010 See chapter 3 of Publication 544 for more information. 1040 ez form 2010 How to make the election. 1040 ez form 2010   To elect to amortize qualifying reforestation costs, complete Part VI of Form 4562 and attach a statement that contains the following information. 1040 ez form 2010 A description of the costs and the dates you incurred them. 1040 ez form 2010 A description of the type of timber being grown and the purpose for which it is grown. 1040 ez form 2010 Attach a separate statement for each property for which you amortize reforestation costs. 1040 ez form 2010   Generally, you must make the election on a timely filed return (including extensions) for the tax year in which you incurred the costs. 1040 ez form 2010 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). 1040 ez form 2010 Attach Form 4562 and the statement to the amended return and write “Filed pursuant to section 301. 1040 ez form 2010 9100-2” on Form 4562. 1040 ez form 2010 File the amended return at the same address you filed the original return. 1040 ez form 2010 Revoking the election. 1040 ez form 2010   You must get IRS approval to revoke your election to amortize qualifying reforestation costs. 1040 ez form 2010 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. 1040 ez form 2010 Please provide your daytime telephone number (optional), in case we need to contact you. 1040 ez form 2010 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. 1040 ez form 2010    Send the application to: Internal Revenue Service Associate Chief Counsel Passthroughs and Special Industries CC:PSI:6 1111 Constitution Ave. 1040 ez form 2010 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. 1040 ez form 2010 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. 1040 ez form 2010 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). 1040 ez form 2010 If you retire or abandon the property during the amortization period, no amortization deduction is allowed in the year of retirement or abandonment. 1040 ez form 2010 Pollution Control Facilities You can elect to amortize the cost of a certified pollution control facility over 60 months. 1040 ez form 2010 However, see Atmospheric pollution control facilities for an exception. 1040 ez form 2010 The cost of a pollution control facility that is not eligible for amortization can be depreciated under the regular rules for depreciation. 1040 ez form 2010 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. 1040 ez form 2010 You must reduce its cost (amortizable basis) by the amount of any special allowance you claim. 1040 ez form 2010 See chapter 3 of Publication 946. 1040 ez form 2010 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. 1040 ez form 2010 The facility must do so by removing, changing, disposing, storing, or preventing the creation or emission of pollutants, contaminants, wastes, or heat. 1040 ez form 2010 The facility must be certified by state and federal certifying authorities. 1040 ez form 2010 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. 1040 ez form 2010 Also, it must not significantly change the nature of the manufacturing or production process or facility. 1040 ez form 2010 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). 1040 ez form 2010 The federal certifying authority will describe the nature of the potential cost recovery. 1040 ez form 2010 You must then reduce the amortizable basis of the facility by this potential recovery. 1040 ez form 2010 New identifiable treatment facility. 1040 ez form 2010   A new identifiable treatment facility is tangible depreciable property that is identifiable as a treatment facility. 1040 ez form 2010 It does not include a building and its structural components unless the building is exclusively a treatment facility. 1040 ez form 2010 Atmospheric pollution control facilities. 1040 ez form 2010   Certain atmospheric pollution control facilities can be amortized over 84 months. 1040 ez form 2010 To qualify, the following must apply. 1040 ez form 2010 The facility must be acquired and placed in service after April 11, 2005. 1040 ez form 2010 If acquired, the original use must begin with you after April 11, 2005. 1040 ez form 2010 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. 1040 ez form 2010 If you construct, reconstruct, or erect the facility, only the basis attributable to the construction, reconstruction, or erection completed after April 11, 2005, qualifies. 1040 ez form 2010 Basis reduction for corporations. 1040 ez form 2010   A corporation must reduce the amortizable basis of a pollution control facility by 20% before figuring the amortization deduction. 1040 ez form 2010 More information. 1040 ez form 2010   For more information on the amortization of pollution control facilities, see Code sections 169 and 291(c) and the related regulations. 1040 ez form 2010 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). 1040 ez form 2010 If you elect to amortize these costs, deduct them in equal amounts over 60 months or more. 1040 ez form 2010 The amortization period begins the month you first receive an economic benefit from the costs. 1040 ez form 2010 For a definition of “research and experimental costs” and information on deducting them as current business expenses, see chapter 7. 1040 ez form 2010 Optional write-off method. 1040 ez form 2010   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. 1040 ez form 2010 For more information, see Optional Write-off of Certain Tax Preferences , later, and section 59(e) of the Internal Revenue Code. 1040 ez form 2010 Costs you can amortize. 1040 ez form 2010   You can amortize costs chargeable to a capital account (see chapter 1) if you meet both of the following requirements. 1040 ez form 2010 You paid or incurred the costs in your trade or business. 1040 ez form 2010 You are not deducting the costs currently. 1040 ez form 2010 How to make the election. 1040 ez form 2010   To elect to amortize research and experimental costs, complete Part VI of Form 4562 and attach it to your income tax return. 1040 ez form 2010 Generally, you must file the return by the due date (including extensions). 1040 ez form 2010 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). 1040 ez form 2010 Attach Form 4562 to the amended return and write “Filed pursuant to section 301. 1040 ez form 2010 9100-2” on Form 4562. 1040 ez form 2010 File the amended return at the same address you filed the original return. 1040 ez form 2010   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. 1040 ez form 2010 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. 1040 ez form 2010 If you make this election, there is no AMT adjustment. 1040 ez form 2010 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. 1040 ez form 2010 How to make the election. 1040 ez form 2010   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. 1040 ez form 2010   Generally, the election must be made on a timely filed return (including extensions) for the tax year in which you incurred the costs. 1040 ez form 2010 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). 1040 ez form 2010 Attach Form 4562 to the amended return and write “Filed pursuant to section 301. 1040 ez form 2010 9100-2” on Form 4562. 1040 ez form 2010 File the amended return at the same address you filed the original return. 1040 ez form 2010 Revoking the election. 1040 ez form 2010   You must obtain consent from the IRS to revoke your election. 1040 ez form 2010 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. 1040 ez form 2010 The request must contain all of the information necessary to demonstrate the rare and unusual circumstances that would justify granting revocation. 1040 ez form 2010 If the request for revocation is approved, any unamortized costs are deductible in the year the revocation is effective. 1040 ez form 2010 Prev  Up  Next   Home   More Online Publications
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    The 1040 Ez Form 2010

    1040 ez form 2010 6. 1040 ez form 2010   Tip Income Table of Contents Introduction Useful Items - You may want to see: Keeping a Daily Tip RecordElectronic tip record. 1040 ez form 2010 Reporting Tips to Your EmployerElectronic tip statement. 1040 ez form 2010 Final report. 1040 ez form 2010 Reporting Tips on Your Tax Return Allocated Tips Introduction This chapter is for employees who receive tips. 1040 ez form 2010 All tips you receive are income and are subject to federal income tax. 1040 ez form 2010 You must include in gross income all tips you receive directly, charged tips paid to you by your employer, and your share of any tips you receive under a tip-splitting or tip-pooling arrangement. 1040 ez form 2010 The value of noncash tips, such as tickets, passes, or other items of value, is also income and subject to tax. 1040 ez form 2010 Reporting your tip income correctly is not difficult. 1040 ez form 2010 You must do three things. 1040 ez form 2010 Keep a daily tip record. 1040 ez form 2010 Report tips to your employer. 1040 ez form 2010 Report all your tips on your income tax return. 1040 ez form 2010  This chapter will explain these three things and show you what to do on your tax return if you have not done the first two. 1040 ez form 2010 This chapter will also show you how to treat allocated tips. 1040 ez form 2010 For information on special tip programs and agreements, see Publication 531. 1040 ez form 2010 Useful Items - You may want to see: Publication 531 Reporting Tip Income 1244 Employee's Daily Record of Tips and Report to Employer Form (and Instructions) 4137 Social Security and Medicare Tax on Unreported Tip Income 4070 Employee's Report of Tips to Employer Keeping a Daily Tip Record Why keep a daily tip record. 1040 ez form 2010   You must keep a daily tip record so you can: Report your tips accurately to your employer, Report your tips accurately on your tax return, and Prove your tip income if your return is ever questioned. 1040 ez form 2010 How to keep a daily tip record. 1040 ez form 2010   There are two ways to keep a daily tip record. 1040 ez form 2010 You can either: Write information about your tips in a tip diary, or Keep copies of documents that show your tips, such as restaurant bills and credit or debit card charge slips. 1040 ez form 2010 You should keep your daily tip record with your tax or other personal records. 1040 ez form 2010 You must keep your records for as long as they are important for administration of the federal tax law. 1040 ez form 2010 For information on how long to keep records, see How long to keep records in chapter 1. 1040 ez form 2010    If you keep a tip diary, you can use Form 4070A, Employee's Daily Record of Tips. 1040 ez form 2010 To get Form 4070A, ask the Internal Revenue Service (IRS) or your employer for Publication 1244. 1040 ez form 2010 Also, Publication 1244 is available online at www. 1040 ez form 2010 irs. 1040 ez form 2010 gov/pub/irs-pdf/p1244. 1040 ez form 2010 pdf. 1040 ez form 2010 Publication 1244 includes a 1-year supply of Form 4070A. 1040 ez form 2010 Each day, write in the information asked for on the form. 1040 ez form 2010   In addition to the information asked for on Form 4070A, you also need to keep a record of the date and value of any noncash tips you get, such as tickets, passes, or other items of value. 1040 ez form 2010 Although you do not report these tips to your employer, you must report them on your tax return. 1040 ez form 2010   If you do not use Form 4070A, start your records by writing your name, your employer's name, and the name of the business (if it is different from your employer's name). 1040 ez form 2010 Then, each workday, write the date and the following information. 1040 ez form 2010 Cash tips you get directly from customers or from other employees. 1040 ez form 2010 Tips from credit and debit card charge customers that your employer pays you. 1040 ez form 2010 The value of any noncash tips you get, such as tickets, passes, or other items of value. 1040 ez form 2010 The amount of tips you paid out to other employees through tip pools or tip splitting, or other arrangements, and the names of the employees to whom you paid the tips. 1040 ez form 2010 Electronic tip record. 1040 ez form 2010   You can use an electronic system provided by your employer to record your daily tips. 1040 ez form 2010 If you do, you must receive and keep a paper copy of this record. 1040 ez form 2010 Service charges. 1040 ez form 2010    Do not write in your tip diary the amount of any service charge that your employer adds to a customer's bill and then pays to you and treats as wages. 1040 ez form 2010 This is part of your wages, not a tip. 1040 ez form 2010 See examples below. 1040 ez form 2010 Example 1. 1040 ez form 2010 Good Food Restaurant adds an 18% charge to the bill for parties of 6 or more customers. 1040 ez form 2010 Jane’s bill for food and beverages for her party of 8 includes an amount on the tip line equal to 18% of the charges for food and beverages, and the total includes this amount. 1040 ez form 2010 Because Jane did not have an unrestricted right to determine the amount on the “tip line,” the 18% charge is considered a service charge. 1040 ez form 2010 Do not include the 18% charge in your tip diary. 1040 ez form 2010 Service charges that are paid to you are considered wages, not tips. 1040 ez form 2010 Example 2. 1040 ez form 2010 Good Food Restaurant also includes sample calculations of tip amounts at the bottom of its bills for food and beverages provided to customers. 1040 ez form 2010 David’s bill includes a blank “tip line,” with sample tip calculations of 15%, 18%, and 20% of his charges for food and beverages at the bottom of the bill beneath the signature line. 1040 ez form 2010 Because David is free to enter any amount on the “tip line” or leave it blank, any amount he includes is considered a tip. 1040 ez form 2010 Be sure to include this amount in your tip diary. 1040 ez form 2010 Reporting Tips to Your Employer Why report tips to your employer. 1040 ez form 2010   You must report tips to your employer so that: Your employer can withhold federal income tax and social security, Medicare, Additional Medicare, or railroad retirement taxes, Your employer can report the correct amount of your earnings to the Social Security Administration or Railroad Retirement Board (which affects your benefits when you retire or if you become disabled, or your family's benefits if you die), and You can avoid the penalty for not reporting tips to your employer (explained later). 1040 ez form 2010 What tips to report. 1040 ez form 2010   Report to your employer only cash, check, and debit and credit card tips you receive. 1040 ez form 2010   If your total tips for any 1 month from any one job are less than $20, do not report the tips for that month to that employer. 1040 ez form 2010   If you participate in a tip-splitting or tip-pooling arrangement, report only the tips you receive and retain. 1040 ez form 2010 Do not report to your employer any portion of the tips you receive that you pass on to other employees. 1040 ez form 2010 However, you must report tips you receive from other employees. 1040 ez form 2010    Do not report the value of any noncash tips, such as tickets or passes, to your employer. 1040 ez form 2010 You do not pay social security, Medicare, Additional Medicare or railroad retirement taxes on these tips. 1040 ez form 2010 How to report. 1040 ez form 2010    If your employer does not give you any other way to report tips, you can use Form 4070. 1040 ez form 2010 Fill in the information asked for on the form, sign and date the form, and give it to your employer. 1040 ez form 2010 To get a 1-year supply of the form, ask the IRS or your employer for Publication 1244. 1040 ez form 2010   If you do not use Form 4070, give your employer a statement with the following information. 1040 ez form 2010 Your name, address, and social security number. 1040 ez form 2010 Your employer's name, address, and business name (if it is different from your employer's name). 1040 ez form 2010 The month (or the dates of any shorter period) in which you received tips. 1040 ez form 2010 The total tips required to be reported for that period. 1040 ez form 2010 You must sign and date the statement. 1040 ez form 2010 Be sure to keep a copy with your tax or other personal records. 1040 ez form 2010   Your employer may require you to report your tips more than once a month. 1040 ez form 2010 However, the statement cannot cover a period of more than 1 calendar month. 1040 ez form 2010 Electronic tip statement. 1040 ez form 2010   Your employer can have you furnish your tip statements electronically. 1040 ez form 2010 When to report. 1040 ez form 2010   Give your report for each month to your employer by the 10th of the next month. 1040 ez form 2010 If the 10th falls on a Saturday, Sunday, or legal holiday, give your employer the report by the next day that is not a Saturday, Sunday, or legal holiday. 1040 ez form 2010 Example. 1040 ez form 2010 You must report your tips received in September 2014 by October 10, 2014. 1040 ez form 2010 Final report. 1040 ez form 2010   If your employment ends during the month, you can report your tips when your employment ends. 1040 ez form 2010 Penalty for not reporting tips. 1040 ez form 2010   If you do not report tips to your employer as required, you may be subject to a penalty equal to 50% of the social security, Medicare, and Additional Medicare taxes or railroad retirement tax you owe on the unreported tips. 1040 ez form 2010 (For information about these taxes, see Reporting social security, Medicare, Additional Medicare, or railroad retirement taxes on tips not reported to your employer under Reporting Tips on Your Tax Return, later. 1040 ez form 2010 ) The penalty amount is in addition to the taxes you owe. 1040 ez form 2010   You can avoid this penalty if you can show reasonable cause for not reporting the tips to your employer. 1040 ez form 2010 To do so, attach a statement to your return explaining why you did not report them. 1040 ez form 2010 Giving your employer money for taxes. 1040 ez form 2010   Your regular pay may not be enough for your employer to withhold all the taxes you owe on your regular pay plus your reported tips. 1040 ez form 2010 If this happens, you can give your employer money until the close of the calendar year to pay the rest of the taxes. 1040 ez form 2010   If you do not give your employer enough money, your employer will apply your regular pay and any money you give in the following order. 1040 ez form 2010 All taxes on your regular pay. 1040 ez form 2010 Social security, Medicare, and Additional Medicare taxes or railroad retirement taxes on your reported tips. 1040 ez form 2010 Federal, state, and local income taxes on your reported tips. 1040 ez form 2010    Any taxes that remain unpaid can be collected by your employer from your next paycheck. 1040 ez form 2010 If withholding taxes remain uncollected at the end of the year, you may be subject to a penalty for underpayment of estimated taxes. 1040 ez form 2010 See Publication 505, Tax Withholding and Estimated Tax, for more information. 1040 ez form 2010    Uncollected taxes. 1040 ez form 2010 You must report on your tax return any social security and Medicare taxes or railroad retirement tax that remained uncollected at the end of 2013. 1040 ez form 2010 These uncollected taxes will be shown on your 2013 Form W-2. 1040 ez form 2010 See Reporting uncollected social security, Medicare, or railroad retirement taxes on tips reported to your employer under Reporting Tips on Your Tax Return, later. 1040 ez form 2010 Reporting Tips on Your Tax Return How to report tips. 1040 ez form 2010    Report your tips with your wages on Form 1040, line 7; Form 1040A, line 7; or Form 1040EZ, line 1. 1040 ez form 2010 What tips to report. 1040 ez form 2010   You must report all tips you received in 2013 on your tax return, including both cash tips and noncash tips. 1040 ez form 2010 Any tips you reported to your employer for 2013 are included in the wages shown in box 1 of your Form W-2. 1040 ez form 2010 Add to the amount in box 1 only the tips you did not report to your employer. 1040 ez form 2010    If you received $20 or more in cash and charge tips in a month and did not report all of those tips to your employer, see Reporting social security, Medicare, Additional Medicare, or railroad retirement taxes on tips not reported to your employer, later. 1040 ez form 2010    If you did not keep a daily tip record as required and an amount is shown in box 8 of your Form W-2, see Allocated Tips, later. 1040 ez form 2010   If you kept a daily tip record and reported tips to your employer as required under the rules explained earlier, add the following tips to the amount in box 1 of your Form W-2. 1040 ez form 2010 Cash and charge tips you received that totaled less than $20 for any month. 1040 ez form 2010 The value of noncash tips, such as tickets, passes, or other items of value. 1040 ez form 2010 Example. 1040 ez form 2010 Ben Smith began working at the Blue Ocean Restaurant (his only employer in 2013) on June 30 and received $10,000 in wages during the year. 1040 ez form 2010 Ben kept a daily tip record showing that his tips for June were $18 and his tips for the rest of the year totaled $7,000. 1040 ez form 2010 He was not required to report his June tips to his employer, but he reported all of the rest of his tips to his employer as required. 1040 ez form 2010 Ben's Form W-2 from Blue Ocean Restaurant shows $17,000 ($10,000 wages plus $7,000 reported tips) in box 1. 1040 ez form 2010 He adds the $18 unreported tips to that amount and reports $17,018 as wages on his tax return. 1040 ez form 2010 Reporting social security, Medicare, Additional Medicare, or railroad retirement taxes on tips not reported to your employer. 1040 ez form 2010    If you received $20 or more in cash and charge tips in a month from any one job and did not report all of those tips to your employer, you must report the social security, Medicare, and Additional Medicare taxes on the unreported tips as additional tax on your return. 1040 ez form 2010 To report these taxes, you must file a return even if you would not otherwise have to file. 1040 ez form 2010 You must use Form 1040. 1040 ez form 2010 (You cannot file Form 1040EZ or Form 1040A. 1040 ez form 2010 )    Use Form 4137 to figure social security and Medicare taxes. 1040 ez form 2010 Enter the tax on your return as instructed, and attach the completed Form 4137 to your return. 1040 ez form 2010 Use Form 8959 to figure Additional Medicare Tax. 1040 ez form 2010    If you are subject to the Railroad Retirement Tax Act, you cannot use Form 4137 to pay railroad retirement tax on unreported tips. 1040 ez form 2010 To get railroad retirement credit, you must report tips to your employer. 1040 ez form 2010 Reporting uncollected social security, Medicare, or railroad retirement taxes on tips reported to your employer. 1040 ez form 2010   You may have uncollected taxes if your regular pay was not enough for your employer to withhold all the taxes you owe and you did not give your employer enough money to pay the rest of the taxes. 1040 ez form 2010 For more information, see Giving your employer money for taxes , under Reporting Tips to Your Employer, earlier. 1040 ez form 2010   If your employer could not collect all the social security and Medicare taxes or railroad retirement tax you owe on tips reported for 2013, the uncollected taxes will be shown in box 12 of your Form W-2 (codes A and B). 1040 ez form 2010 You must report these amounts as additional tax on your return. 1040 ez form 2010 Unlike the uncollected portion of the regular (1. 1040 ez form 2010 45%) Medicare tax, the uncollected Additional Medicare Tax is not reported in box 12 of Form W-2 with code B. 1040 ez form 2010    To report these uncollected taxes, you must file a return even if you would not otherwise have to file. 1040 ez form 2010 You must report these taxes on Form 1040, line 60. 1040 ez form 2010 See the instructions for Form 1040, line 60. 1040 ez form 2010 (You cannot file Form 1040EZ or Form 1040A. 1040 ez form 2010 ) Allocated Tips If your employer allocated tips to you, they are shown separately in box 8 of your Form W-2. 1040 ez form 2010 They are not included in box 1 with your wages and reported tips. 1040 ez form 2010 If box 8 is blank, this discussion does not apply to you. 1040 ez form 2010 What are allocated tips. 1040 ez form 2010   These are tips that your employer assigned to you in addition to the tips you reported to your employer for the year. 1040 ez form 2010 Your employer will have done this only if: You worked in an establishment (restaurant, cocktail lounge, or similar business) that must allocate tips to employees, and The tips you reported to your employer were less than your share of 8% of food and drink sales. 1040 ez form 2010 No income, social security, Medicare, Additional Medicare or railroad retirement taxes are withheld on allocated tips. 1040 ez form 2010 How were your allocated tips figured. 1040 ez form 2010   The tips allocated to you are your share of an amount figured by subtracting the reported tips of all employees from 8% (or an approved lower rate) of food and drink sales (other than carryout sales and sales with a service charge of 10% or more). 1040 ez form 2010 Your share of that amount was figured using either a method provided by an employer-employee agreement or a method provided by IRS regulations based on employees' sales or hours worked. 1040 ez form 2010 For information about the exact allocation method used, ask your employer. 1040 ez form 2010 Must you report your allocated tips on your tax return. 1040 ez form 2010   You must report all tips you received in 2013 on your tax return, including both cash tips and noncash tips. 1040 ez form 2010 Any tips you reported to your employer for 2013 are included in the wages shown in box 1 of your Form W-2. 1040 ez form 2010 Add to the amount in box 1 only the tips you did not report to your employer. 1040 ez form 2010 This should include any allocated tips shown in box 8 on your Form(s) W-2, unless you have adequate records to show that you received less tips in the year than the allocated figures. 1040 ez form 2010   See What tips to report under Reporting Tips on Your Tax Return, and Keeping a Daily Tip Record , earlier. 1040 ez form 2010 How to report allocated tips. 1040 ez form 2010   Report the amount in box 1 and the allocated tips in box 8 of your Form(s) W-2 as wages on Form 1040, line 7; Form 1040NR, line 8; or Form 1040NR-EZ, line 3. 1040 ez form 2010 (You cannot file Form 1040A or Form 1040EZ when you have allocated tips. 1040 ez form 2010 )    Because social security, Medicare, and Additional Medicare taxes were not withheld from the allocated tips, you must report those taxes as additional tax on your return. 1040 ez form 2010 Complete Form 4137, and include the allocated tips on line 1 of the form. 1040 ez form 2010 See Reporting social security, Medicare, Additional Medicare, or railroad retirement taxes on tips not reported to your employer under Reporting Tips on Your Tax Return, earlier. 1040 ez form 2010 Prev  Up  Next   Home   More Online Publications