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Product ID: 405895EAU
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Optimizing Tax Treatment of Transaction Costs

OnDemand Webinar (101 minutes)

Gain insight into the tax treatment of transaction costs in commonly encountered business scenarios.This topic will equip you with knowledge of the tax treatment of transaction costs in commonly encountered business scenarios. Using real world examples and case studies, this material will guide you through the general rule of capitalization under Section 263(a) focusing on due diligence costs, facilitative and nonfacilitative costs and covered transactions. The information and materials will examine asset and business transaction types and the effect of such on transactional cost tax treatment. Of note, this topic provides special attention to the effect of 2017's TCJA on transaction costs and reviews treatment of success-based fees in business transactions.


Todd Denison, Phelps Dunbar LLP


The General Rule of Capitalization

• Section 263(a)

INDOPCO, Inc. v. Commissioner

Costs Subject to Capitalization

• Principles

• Origin of the Claim Doctrine

• Facilitative Costs - Reg. §§ 1.263(a)-5

Costs Not Subject to Capitalization

• Nonfacilitative Costs

When Costs Are Capitalized

• Accrual Method

• Cash Method

Impact of 2017 TCJA

• Expensing Under SEC. 168

Business/Transaction Costs

• IRS LB and I Process Unit (2018)

• Identifying Proper Legal Entity

• Facilitative Costs

• Covered Transactions

• Success-Based Fees

• Start-up Expenses

• Due Diligence Costs

• Business Acquisition Costs

• Partnership Considerations

• Reorganization Expenses

• Break-up Fees

Transaction Costs Incurred to Produce Intangible Property

• Capitalization Under Regulations

Real Estate Transaction Costs

IRS Audit Considerations