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Title 26 — Internal Revenue CodeRelease 119-73

§248 Organizational expenditures

Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter B— - Computation of Taxable Income › Part PART VIII— - SPECIAL DEDUCTIONS FOR CORPORATIONS › § 248

Last updated Apr 6, 2026|Official source

Summary

If a corporation chooses to follow IRS rules for its start-up costs, it can deduct some of those costs when it begins business. The company can deduct the smaller of the total start-up costs or $5,000. That $5,000 gets reduced dollar-for-dollar if the costs are more than $50,000, but not below zero. Any remaining start-up costs must be deducted in equal parts over 180 months starting the month the business begins. "Organizational expenditures" means costs tied to creating the corporation, costs charged to the capital account, and costs that would be amortized if the corporation had a limited life. The choice to use these rules must be made by the tax return due date (including extensions) for the year, and the company must stick with that choice for that year and later years.

Full Legal Text

Title 26, §248

Internal Revenue Code — Source: USLM XML via OLRC

(a)If a corporation elects the application of this subsection (in accordance with regulations prescribed by the Secretary) with respect to any organizational expenditures—
(1)the corporation shall be allowed a deduction for the taxable year in which the corporation begins business in an amount equal to the lesser of—
(A)the amount of organizational expenditures with respect to the taxpayer, or
(B)$5,000, reduced (but not below zero) by the amount by which such organizational expenditures exceed $50,000, and
(2)the remainder of such organizational expenditures shall be allowed as a deduction ratably over the 180-month period beginning with the month in which the corporation begins business.
(b)The term “organizational expenditures” means any expenditure which—
(1)is incident to the creation of the corporation;
(2)is chargeable to capital account; and
(3)is of a character which, if expended incident to the creation of a corporation having a limited life, would be amortizable over such life.
(c)The election provided by subsection (a) may be made for any taxable year but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The period so elected shall be adhered to in computing the taxable income of the corporation for the taxable year for which the election is made and all subsequent taxable years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (c). Pub. L. 113–295 struck out “beginning after
December 31, 1953,” after “any taxable year” and “The election shall apply only with respect to expenditures paid or incurred on or after
August 16, 1954.” at end. 2004—Subsec. (a). Pub. L. 108–357 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The organizational expenditures of a corporation may, at the election of the corporation (made in accordance with

Regulations

prescribed by the Secretary, be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the corporation (beginning with the month in which the corporation begins business).” 1976—Subsec. (a). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (c). Pub. L. 94–455, § 1901(a)(36), substituted “August 16, 1954” for “the date of enactment of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2014 AmendmentAmendment by Pub. L. 113–295 effective Dec. 19, 2014, subject to a

Savings Provision

, see section 221(b) of Pub. L. 113–295, set out as a note under section 1 of this title.

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–357 applicable to amounts paid or incurred after Oct. 22, 2004, see section 902(d) of Pub. L. 108–357, set out as a note under section 195 of this title.

Effective Date

of 1976 AmendmentAmendment by section 1901(a)(36) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title. Amendment by section 1906(b)(13)(A) of Pub. L. 94–455 effective Feb. 1, 1977, see section 1906(d)(1) of Pub. L. 94–455, set out as a note under section 6013 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 248

Title 26 — Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73