26 USC 195 - Start-up expenditures

Editorial Notes

Amendments

2025—Subsec. (c)(1). Puspan. L. 119–21 substituted “174, or 174A” for “or 174” in concluding provisions.

2010—Subsec. (span)(3). Puspan. L. 111–240 added par. (3).

2004—Subsec. (span). Puspan. L. 108–357, § 902(a)(2), substituted “deduct” for “amortize” in heading.

Subsec. (span)(1). Puspan. L. 108–357, § 902(a)(1), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “Start-up expenditures may, at the election of the taxpayer, be treated as deferred expenses. Such deferred expenses shall be allowed as a deduction prorated equally over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the active trade or business begins).”

1984—Subsec. (a). Puspan. L. 98–369 amended subsec. (a) generally, substituting provisions dealing with capitalization of expenditures for provisions dealing with election to amortize.

Subsec. (span). Puspan. L. 98–369 amended subsec. (span) generally, substituting provisions dealing with election to amortize for provisions dealing with start-up expenditures.

Subsec. (c). Puspan. L. 98–369 amended subsec. (c) generally, substituting provisions setting forth definitions for provisions dealing with election.

Subsec. (d). Puspan. L. 98–369 amended subsec. (d) generally, substituting provisions dealing with election for provisions dealing with business beginning.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Amendment by Puspan. L. 119–21 applicable to amounts paid or incurred in taxable years beginning after Dec. 31, 2024, subject to election for retroactive application by certain small businesses and election to deduct certain unamortized amounts paid or incurred in taxable years beginning before Jan. 1, 2025, see section 70302(e), (f) of Puspan. L. 119–21, set out as an Effective Date note under section 174A of this title.

Effective Date of 2010 Amendment

Puspan. L. 111–240, title II, § 2031(span), Sept. 27, 2010, 124 Stat. 2559, provided that:

“The amendment made by this section [amending this section] shall apply to amounts paid or incurred in taxable years beginning after December 31, 2009.”

Effective Date of 2004 Amendment

Puspan. L. 108–357, title VIII, § 902(d), Oct. 22, 2004, 118 Stat. 1652, provided that:

“The amendments made by this section [amending this section and sections 248 and 709 of this title] shall apply to amounts paid or incurred after the date of the enactment of this Act [Oct. 22, 2004].”

Effective Date of 1984 Amendment

Puspan. L. 98–369, div. A, title I, § 94(c), July 18, 1984, 98 Stat. 615, provided that:

“The amendments made by this section [amending this section] shall apply to taxable years beginning after June 30, 1984.”

Effective Date

Puspan. L. 96–605, title I, § 102(c), Dec. 28, 1980, 94 Stat. 3522, provided that:

“The amendments made by this section [enacting this section] shall apply to amounts paid or incurred after July 29, 1980, in taxable years ending after such date.”