IRS issues repair/tangible property regulations.

• Author: Nevius, Alistair M.

On Sept. 15, the IRS issued long-awaited final (T.D. 9636) and proposed regulations regarding the treatment of expenditures incurred in acquiring, producing, or improving tangible assets, including rules on determining whether costs related to tangible property are deductible repairs or capital improvements.

The regulations affect all taxpayers that acquire, produce, or improve tangible property. The final regulations, which apply to tax years beginning on or after Jan. 1, 2014, do not finalize or remove the temporary regulations governing dispositions of property under Sec. 168. Instead, to address significant changes in this area, revised proposed regulations were issued at the same time as the final regulations.

The final regulations adopt the temporary regulations issued in 2011 (T.D. 9564), with the following changes:

* In response to comments that the $100 threshold for property that is exempt from capitalization was too low, the final rules raise it to $200 and retain the rule that the amount can be increased in IRS guidance. The rules also incorporate the definition of standby emergency spare parts contained in Rev. Rul. 81-185 and make these spare parts eligible for the optional election to capitalize certain materials and supplies.

* The final rules retain the rule in the temporary regulations permitting taxpayers to elect to capitalize 'certain materials and supplies but, in response to comments, limit the rule to rotable, temporary, or standby emergency spare parts.

* The rules clarify that taxpayers may revoke the election discussed above by filing a ruling request, which the IRS will grant if the taxpayer establishes that it acted reasonably and in good faith and that revocation will not prejudice the government.

* The final rules change the requirement that taxpayers using the optional method for rotable and temporary spare parts use it for all pools of rotable and temporary spare parts used in that trade or business to permit taxpayers to not use the optional method for those pools of rotable and temporary spare parts for which it does not use the optional method in its books and records for the trade or business.

* Also in response to many taxpayer comments, the final rules clarify the de minimis rules, including permitting the safe harbor to be elected each year, providing rules for taxpayers without applicable financial statements to use the method, and simplifying the complicated method for calculating the ceiling for...