26 USC 709 - Treatment of organization and syndication fees

U.S Code last checked for updates: May 19, 2024

§ 709.

Treatment of organization and syndication fees

(a)

General rule

(b)

Deduction of organization fees

(1)

Allowance of deduction

If a partnership elects the application of this subsection (in accordance with regulations prescribed by the Secretary) with respect to any organizational expenses—

(A)

the partnership shall be allowed a deduction for the taxable year in which the partnership begins business in an amount equal to the lesser of—

(i)

the amount of organizational expenses with respect to the partnership, or

(ii)

$5,000, reduced (but not below zero) by the amount by which such organizational expenses exceed $50,000, and

(B)

the remainder of such organizational expenses shall be allowed as a deduction ratably over the 180-month period beginning with the month in which the partnership begins business.

(2)

Dispositions before close of amortization period

(3)

Organizational expenses defined

The organizational expenses to which paragraph (1) applies, are expenditures which—

(A)

are incident to the creation of the partnership;

(B)

are chargeable to capital account; and

(C)

are of a character which, if expended incident to the creation of a partnership having an ascertainable life, would be amortized over such life.

(Added Pub. L. 94–455, title II, § 213(b)(1), Oct. 4, 1976, 90 Stat. 1547; amended Pub. L. 108–357, title VIII, § 902(c), Oct. 22, 2004, 118 Stat. 1651; Pub. L. 109–135, title IV, § 403(ll), Dec. 21, 2005, 119 Stat. 2632.)

cite as: 26 USC 709