§ IRS Tax Topics

IRC §195 · 26 U.S.C. §195

IRC §195: Startup Expenditure Amortization

By Paul D. Diaz, EA, MBA · Updated

IRC §195 lets new businesses deduct $5,000 of startup costs immediately and amortize the rest over 180 months. The election that turns pre-opening spending into a tax asset.

What it governs

In the GuideFull treatment in Chapter 6 of the Guide — THE TAX CUTTERY® Guide to Federal Income Taxation, Professional Edition (564 pages, 24 chapters).
Related sectionsIRC §162 — the operating expenses that start when §195 ends · IRC §183 — startups need profit motive too
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Questions this section answers

What counts as a startup cost?
Investigating and creating the business — market studies, legal formation, pre-opening wages, training, advertising for the launch. Equipment, inventory, and real property follow their own recovery rules, not §195.
What if the business never opens?
Then §195 never triggers — unamortized startup costs of an abandoned project are generally lost (an individual’s investigation costs are nondeductible). Open the business or lose the deduction.
Do I need to elect §195 treatment?
It’s deemed: claim the deduction and amortization on a timely filed return and the election is made. To forgo it affirmatively (rare), attach a statement — otherwise the default helps you.
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