Increased start-up expense deduction applied only in 2010

Number
201927021
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Start Up Expenditures
Code sections
§ 195
Ruling dated
June 19, 2019
Publicly released
July 5, 2019

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2019, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2019
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advised that the temporarily increased deduction and phaseout amounts in section 195(b)(3) applied only to the taxable year beginning in 2010. The email cited the statutory language and a Joint Committee on Taxation report. It also pointed to a Senate Finance Committee summary describing the increase as temporary and a Congressional Research Service report stating that the increased amounts were available only in the 2010 tax year. The advice supported the office's existing position on the limited duration of the increase.

Ruling snapshot

  • Question: Did the increased start-up expenditure deduction and phaseout amounts in section 195(b)(3) apply beyond the 2010 tax year?
  • Outcome: Advice given that the increased amounts applied only to the taxable year beginning in 2010.
  • Key authorities: IRC § 195(b)(3); Senate Finance Committee summary of the Small Business Jobs Act; Congressional Research Service report on H.R. 3854 and H.R. 5297

Full text (IRS public release)

ID:        CCA_2019061914364532
UILC:      195.00-00

Number: 201927021
Release Date: 7/5/2019
From:
Sent: Wednesday, June 19, 2019 2:36:45 PM
To:
Cc:
Bcc:
Subject: RE: Start-up Expenses - PUBWE-111132-19


Hi -------. In addition to the JCT report and the statutory language of section 195(b)(3),
the following also supports the office’s position that the increased amounts in section
195(b)(3) were only for the taxable year beginning in 2010:

1. The Senate Finance’s Summary of the Small Business Jobs Act states “For the
taxable year beginning in 2010, this bill would temporarily increase the amount of start-
up expenditures that may be deducted to $10,000 subject to a $60,000 phase-out
threshold.” (emphasis added).

2. Pages 28-29 of the CRS report to Congress on Small Business Legislation: H.R.
3854 and H.R. 5297, provides that these increased amounts are available in the 2010
tax year only.


-----------------

What does the Code say today, for your facts?

This advice was written for IRS staff and cannot be cited. Ezel checks the current Internal Revenue Code and IRS guidance against your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace