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.
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
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!