1243C Taking the option, available to small businesses, to not file Form(s) 3115 for certain “repair regs” accounting method changes made in 2014

1243C Taking the option, available to small businesses, to not file Form(s) 3115 for certain “repair regs” accounting method changes made in 2014

Polk & Associates CPA Sample Client Letters provided by Thomson Reuters/Tax & Accounting:


To the practitioner:

For background information on the relief from filing Form(s) 3115 that is discussed in this letter, see Federal Tax Coordinator G-2203.72D . For background information on the accounting method change consent procedures that, in the absence of relief, apply to the accounting method changes referred to in this letter, see Federal Tax Coordinator  G-2203.72 et seq., Federal Tax Coordinator  G-2203.85 , Federal Tax Coordinator  G-2203.85C , and Federal Tax Coordinator  G-2203.86F . For a separate client letter recommending that a taxpayer not take the relief from filing Form(s) 3115 that is discussed in this letter, see 1243D . For separate client letters discussing the deduction-versus-capitalization rules for tangible property that are provided by the “repair  regs,” see 1242 and 1243 . For a separate client letter discussing the rules for dispositions of tangible depreciable (MACRS) property that are provided by the “repair  regs,” see 1243B . For a separate client letter on the general rules, as modified by the “repair  regs,” for the use of single asset, multiple asset and general asset accounts for MACRS property, see 1243A .

Dear Client:

I’m writing to tell you about some tax compliance relief for which you are eligible and which, I believe, will be of benefit to you. But before discussing your situation, I would like to provide you with some important background information.

Background. You are probably familiar with the extensive IRS regulations that (1) address whether expenses incurred in connection with tangible property are immediately deducted or, instead, must be capitalized and (2) provide for the tax consequences of disposing of tangible depreciable property.

As you also may know, these regulations, referred to below as the “repair  regs” (and also commonly referred to as the capitalization regs or the tangible property regs) must be complied with no later than a taxpayer’s first tax year beginning after calendar year 2013 (the 2014 year).

I am of course preparing your return for the 2014 year in compliance with the repair  regs. But, additionally, even though reporting expenditures and dispositions in compliance with the rules changed by the repair  regs is mandatory, IRS, because most of the required changes are considered to be “changes in method of accounting,” requires that taxpayers receive IRS “consent” to most of the required changes.

The consent process can be onerous, requiring, in connection with a tax return, the preparation of one or more Forms 3115 (Application for Change in Accounting Method). These forms further require calculations known as 481(a) adjustments, intended to prevent items of income or deduction from being omitted or duplicated.

For example, if a calendar year taxpayer deducted in 2012, as a repair  cost, a cost that, under the repair  regs, must instead be capitalized as a cost of a property improvement, the taxpayer would have to begin taking depreciation deductions in the 2014 year (calculated as if the taxpayer had, in 2012, capitalized the cost and begun taking depreciation deductions for the cost). To prevent the taxpayer from getting both the benefit of the 2012 deduction of the cost and of the depreciation deductions to be taken in 2014 and later years (the post-2013 depreciation deductions), the taxpayer must make a 481(a) adjustment that is an increase, usually spread over a four-year period, of the taxpayer’s gross income by the amount of the post-2013 depreciation deductions.

The above example of a 481(a) adjustment is unfavorable to the taxpayer, but other 481(a) adjustments can be favorable—for example, adjustments required because amounts that in pre-2014 years were required to be capitalized are, instead, deducted under the repair  regs.

Because of the particularly large burden of the accounting method consent process as applied to changes made to comply with the repair  regs, IRS has provided optional relief to small business taxpayers such as yourself. For this purpose, a small business is a business that has (1) less than $10 million in total assets or (2) for the three years preceding the accounting method change year, average annual gross receipts of less than $10 million.

Under the relief, the taxpayer, for many of the accounting method changes required by the repair  regs, isn’t required to make 481(a) adjustments or file Form(s) 3115 if the taxpayer, beginning with costs paid or incurred and dispositions in the 2014 year, otherwise complies with the required changes.

Some taxpayers will choose to not avail themselves of the relief. For example, if, for a taxpayer, the sum of all of the 481(a) adjustments for changes eligible for the relief (which applies on an all-or-nothing basis) is a substantial favorable adjustment, the taxpayer is likely to make the 481(a) adjustments and file the required Form(s) 3115.

Your situation. My preliminary estimate of the sum of all of the 481(a) adjustments required of you is that the total 481(a) adjustment required is a significant addition to your 2014 income. Thus, it seems inadvisable to spend time and expense on calculations and other form preparations that produce an unfavorable tax result. Also, although there are some negative effects of choosing to take the relief—including, but not limited to, lack of audit protection, in pre-2014 years, for the tax items that are subject to the relief and surrender of the right to make late loss-recognition elections in connection with certain property retirements—I don’t believe that, for you, these negatives outweigh the benefit of taking the relief.

However, before we make a definitive decision I will contact you soon to make sure that I have all relevant information and that you fully understand all of the advantages and disadvantages of taking relief from the usual accounting method change consent procedures.

Very truly yours,


References: © 2015 Thomson Reuters/Tax & Accounting. All Rights Reserved.

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