Regulations on tangible property expenses have been issued, which provide guidance on how to comply with Sections 162 and 263 of the Internal Revenue Code. These sections require amounts paid to acquire, produce or improve tangible property to be capitalized but allow amounts for incidental repairs and maintenance of property to be deducted — potentially saving you more tax in the current year.

The final regulations explain how to distinguish between capital expenditures and deductible business expenses. They replace temporary regulations issued in 2011, but they retain many of the temporary provisions. In addition, they modify several sections and create a number of new safe harbors.

These regulations generally will apply to tax years beginning on or after Jan. 1, 2014, affecting all businesses that own or lease tangible property, including buildings, machinery, vehicles, furniture and equipment.

If you have expenditures related to tangible property, the final regulations apply to you. Compliance may require changes to your current capitalization procedures and the filing of Form 3115, “Application for Change in Accounting Method.”  If you have questions regarding the final regulations  and how to best proceed with your tangible property expenses, please contact Doeren Mayhew’s tax advisors in Michigan, Houston or Ft. Lauderdale.