Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 14, 2016
The Firm
201-896-4100 info@sh-law.comIf a small business designated as a C corporation, partnership, S corporation or limited liability company is not aware of uniform capitalization rules, they will need to read closely. The IRS has UNICAP rules that require partnerships to capitalize some costs instead of deducting them as they are incurred during pre-production, pre-sale and actual production periods. These UNICAP rules apply to direct and indirect expenses incurred during these periods.
There are several actions in trade or business or activities conducted for profit that qualify for UNICAP rules. These actions specifically involve the production of real or tangible personal property for use in the business or activity, production of real or tangible personal property for sale to customers or the acquisition of property for resale. With this last action, UNICAP rules do not apply to personal property with average annual gross receipts under $10 million.
It is also worth noting that UNICAP rules are not applicable for items that are classified as inventory, which are considered non-incidental materials and supplies. In the event that UNICAP rules do not apply to a business, both its direct and a portion of indirect costs need to be capitalized. That will raise the basis of the produced property or the inventory costs.
In this way, UNICAP rules are a temporary difference in those costs. What this means is that these costs incurred and capitalized during the pre-production, pre-sale and actual production periods are delayed until a later accounting date, instead of being disallowed. Furthermore, these capitalized costs to produced property used in business or trade actions will be expensed in the future as either amortization or depreciation. In turn, the capitalized costs for produced property to be sold to customers, or acquired property for resale purposes, will be expensed in the future as the costs of goods sold – in the event that the property is sold.
The capitalized direct costs are classified as material and labor expenses that are involved in the costs to produce the asset.
For the portion of the capitalized indirect costs that were incurred during the production or resale process, there are several accounting methods involved in expensing these amounts.
It is challenging for businesses to determine the costs properly allocated to produced property. These rules for capitalization of interests as allocable costs are complex. That is largely due to the fact that the rules have potentially significant ramifications on deductible interest cost amounts, as opposed to interest costs that need to be capitalized.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!