About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 
Home   |   Customers   |   Vendors   |   Libraries  

The Electronic Code of Federal Regulations (e-CFR) is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Printing Office.

Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code
Text | PDF

Find, review, and submit comments on Federal rules that are open for comment and published in the Federal Register using Regulations.gov.

Purchase individual CFR titles from the U.S. Government Online Bookstore.

Find issues of the CFR (including issues prior to 1996) at a local Federal depository library.

[2]
 
 

Electronic Code of Federal Regulations

e-CFR Data is current as of November 19, 2014

Title 26Chapter ISubchapter APart 1 → §1.263a-0


Title 26: Internal Revenue
PART 1—INCOME TAXES (CONTINUED)


§1.263A-0   Outline of regulations under section 263A.

This section lists the paragraphs in §§1.263A-1 through 1.263A-4 and §§1.263A-7 through 1.263A-15 as follows:

§1.263A-1   Uniform Capitalization of Costs.

(a) Introduction.

(1) In general.

(2) Effective dates.

(3) General scope.

(i) Property to which section 263A applies.

(ii) Property produced.

(iii) Property acquired for resale.

(iv) Inventories valued at market.

(v) Property produced in a farming business.

(vi) Creative property.

(vii) Property produced or property acquired for resale by foreign persons.

(b) Exceptions.

(1) Small resellers.

(2) Long-term contracts.

(3) Costs incurred in certain farming businesses.

(4) Costs incurred in raising, harvesting, or growing timber.

(5) Qualified creative expenses.

(6) Certain not-for-profit activities.

(7) Intangible drilling and development costs.

(8) Natural gas acquired for resale.

(i) Cushion gas.

(ii) Emergency gas.

(9) Research and experimental expenditures.

(10) Certain property that is substantially constructed.

(11) Certain property provided incident to services.

(i) In general.

(ii) Definition of services.

(iii) De minimis property provided incident to services.

(12) De minimis rule for certain producers with total indirect costs of $200,000 or less.

(13) Exception for the origination of loans.

(c) General operation of section 263A.

(1) Allocations.

(2) Otherwise deductible.

(3) Capitalize.

(4) Recovery of capitalized costs.

(5) Costs allocable only to property sold.

(d) Definitions.

(1) Self-constructed assets.

(2) Section 471 costs.

(i) In general.

(ii) New taxpayers.

(iii) Method changes.

(3) Additional section 263A costs.

(4) Section 263A costs.

(e) Types of costs subject to capitalization.

(1) In general.

(2) Direct costs.

(i) Producers.

(A) Direct material costs.

(B) Direct labor costs.

(ii) Resellers.

(3) Indirect costs.

(i) In general.

(ii) Examples of indirect costs required to be capitalized.

(A) Indirect labor costs.

(B) Officers' compensation.

(C) Pension and other related costs.

(D) Employee benefit expenses.

(E) Indirect material costs.

(F) Purchasing costs.

(G) Handling costs.

(H) Storage costs.

(I) Cost recovery.

(J) Depletion.

(K) Rent.

(L) Taxes.

(M) Insurance.

(N) Utilities.

(O) Repairs and maintenance.

(P) Engineering and design costs.

(Q) Spoilage.

(R) Tools and equipment.

(S) Quality control.

(T) Bidding costs.

(U) Licensing and franchise costs.

(V) Interest.

(W) Capitalizable service costs.

(iii) Indirect costs not capitalized.

(A) Selling and distribution costs.

(B) Research and experimental expenditures.

(C) Section 179 costs.

(D) Section 165 losses.

(E) Cost recovery allowances on temporarily idle equipment and facilities.

(1) In general.

(2) Examples.

(F) Taxes assessed on the basis of income.

(G) Strike expenses.

(H) Warranty and product liability costs.

(I) On-site storage costs.

(J) Unsuccessful bidding expenses.

(K) Deductible service costs.

(4) Service costs.

(i) Introduction.

(A) Definition of service costs.

(B) Definition of service departments.

(ii) Various service cost categories.

(A) Capitalizable service costs.

(B) Deductible service costs.

(C) Mixed service costs.

(iii) Examples of capitalizable service costs.

(iv) Examples of deductible service costs.

(f) Cost allocation methods.

(1) Introduction.

(2) Specific identification method.

(3) Burden rate and standard cost methods.

(i) Burden rate method.

(A) In general.

(B) Development of burden rates.

(C) Operation of the burden rate method.

(ii) Standard cost method.

(A) In general.

(B) Treatment of variances.

(4) Reasonable allocation methods.

(g) Allocating categories of costs.

(1) Direct materials.

(2) Direct labor.

(3) Indirect costs.

(4) Service costs.

(i) In general.

(ii) De minimis rule.

(iii) Methods for allocating mixed service costs.

(A) Direct reallocation method.

(B) Step-allocation method.

(C) Examples.

(iv) Illustrations of mixed service cost allocations using reasonable factors or relationships.

(A) Security services.

(B) Legal services.

(C) Centralized payroll services.

(D) Centralized data processing services.

(E) Engineering and design services.

(F) Safety engineering services.

(v) Accounting method change.

(h) Simplified service cost method.

(1) Introduction.

(2) Eligible property.

(i) In general.

(A) Inventory property.

(B) Non-inventory property held for sale.

(C) Certain self-constructed assets.

(D) Self-constructed assets produced on a repetitive basis.

(ii) Election to exclude self-constructed assets.

(3) General allocation formula.

(4) Labor-based allocation ratio.

(5) Production cost allocation ratio.

(6) Definition of total mixed service costs.

(7) Costs allocable to more than one business.

(8) De minimis rule.

(9) Separate election.

(i) [Reserved]

(j) Special rules.

(1) Costs provided by a related person.

(i) In general.

(ii) Exceptions.

(2) Optional capitalization of period costs.

(i) In general.

(ii) Period costs eligible for capitalization.

(3) Trade or business application.

(4) Transfers with a principal purpose of tax avoidance. [Reserved]

(k) Change in method of accounting.

(1) In general.

(2) Scope limitations.

(3) Audit protection.

(4) Section 481(a) adjustment.

(5) Time for requesting change.

(l) Effective/applicability date.

§1.263A-2   Rules Relating to Property Produced by the Taxpayer.

(a) In general.

(1) Produce.

(i) In general.

(ii) Ownership.

(A) General rule.

(B) Property produced for the taxpayer under a contract.

(1) In general.

(2) Definition of contract.

(C) Home construction contracts.

(2) Tangible personal property.

(i) General rule.

(ii) Intellectual or creative property.

(A) Intellectual or creative property that is tangible personal property.

(1) Books.

(2) Sound recordings.

(B) Intellectual or creative property that is not tangible personal property.

(1) Evidences of value.

(2) Property provided incident to services.

(3) Costs required to be capitalized by producers.

(i) In general.

(ii) Pre-production costs.

(iii) Post-production costs.

(4) Practical capacity concept.

(5) Taxpayers required to capitalize costs under this section.

(b) Simplified production method.

(1) Introduction.

(2) Eligible property.

(i) In general.

(A) Inventory property.

(B) Non-inventory property held for sale.

(C) Certain self-constructed assets.

(D) Self-constructed assets produced on a repetitive basis.

(ii) Election to exclude self-constructed assets.

(3) Simplified production method without historic absorption ratio election.

(i) General allocation formula.

(ii) Definitions.

(A) Absorption ratio.

(1) Additional section 263A costs incurred during the taxable year.

(2) Section 471 costs incurred during the taxable year.

(B) Section 471 costs remaining on hand at year end.

(C) Costs allocable only to property sold.

(iii) LIFO taxpayers electing the simplified production method.

(A) In general.

(B) LIFO increment.

(C) LIFO decrement.

(iv) De minimis rule for producers with total indirect costs of $200,000 or less.

(A) In general.

(B) Related party and aggregation rules.

(v) Examples.

(4) Simplified production method with historic absorption ratio election.

(i) In general.

(ii) Operating rules and definitions.

(A) Historic absorption ratio.

(B) Test period.

(1) In general.

(2) Updated test period.

(C) Qualifying period.

(1) In general.

(2) Extension of qualifying period.

(iii) Method of accounting.

(A) Adoption and use.

(B) Revocation of election.

(iv) Reporting and recordkeeping requirements.

(A) Reporting.

(B) Recordkeeping.

(v) Transition rules.

(vi) Example.

(c) Additional simplified methods for producers.

(d) Cross reference.

(e) Change in method of accounting.

(1) In general.

(2) Scope limitations.

(3) Audit protection.

(4) Section 481(a) adjustment.

(5) Time for requesting change.

(f) Effective/applicability date.

§1.263A-3   Rules Relating to Property Acquired for Resale

(a) Capitalization rules for property acquired for resale.

(1) In general.

(2) Resellers with production activities.

(i) In general.

(ii) Exception for small resellers.

(iii) De minimis production activities.

(A) In general.

(B) Example.

(3) Resellers with property produced under a contract.

(4) Use of the simplified resale method.

(i) In general.

(ii) Resellers with de minimis production activities.

(iii) Resellers with property produced under a contract.

(iv) Application of simplified resale method.

(b) Gross receipts exception for small resellers.

(1) In general.

(i) Test period for new taxpayers.

(ii) Treatment of short taxable year.

(2) Definition of gross receipts.

(i) In general.

(ii) Amounts excluded.

(3) Aggregation of gross receipts.

(i) In general.

(ii) Single employer defined.

(iii) Gross receipts of a single employer.

(iv) Examples.

(c) Purchasing, handling, and storage costs.

(1) In general.

(2) Costs attributable to purchasing, handling, and storage.

(3) Purchasing costs.

(i) In general.

(ii) Determination of whether personnel are engaged in purchasing activities.

(A) 13 - 23 rule for allocating labor costs.

(B) Example.

(4) Handling costs.

(i) In general.

(ii) Processing costs.

(iii) Assembling costs.

(iv) Repackaging costs.

(v) Transportation costs.

(vi) Costs not considered handling costs.

(A) Distribution costs.

(B) Delivery of custom-ordered items.

(C) Repackaging after sale occurs.

(5) Storage costs.

(i) In general.

(ii) Definitions.

(A) On-site storage facility.

(B) Retail sales facility.

(C) An integral part of a retail sales facility.

(D) On-site sales.

(E) Retail customer.

(1) In general.

(2) Certain non-retail customers treated as retail customers.

(F) Off-site storage facility.

(G) Dual-function storage facility.

(iii) Treatment of storage costs incurred at a dual-function storage facility.

(A) In general.

(B) Dual-function storage facility allocation ratio.

(1) In general.

(2) Illustration of ratio allocation.

(3) Appropriate adjustments for other uses of a dual-function storage facility.

(C) De minimis 90-10 rule for dual-function storage facilities.

(iv) Costs not attributable to an off-site storage facility.

(v) Examples.

(d) Simplified resale method.

(1) Introduction.

(2) Eligible property.

(3) Simplified resale method without historic absorption ratio election.

(i) General allocation formula.

(A) In general.

(B) Effect of allocation.

(C) Definitions.

(1) Combined absorption ratio.

(2) Section 471 costs remaining on hand at year end.

(3) Costs allocable only to property sold.

(D) Storage and handling costs absorption ratio.

(E) Purchasing costs absorption ratio.

(F) Allocable mixed service costs.

(ii) LIFO taxpayers electing simplified resale method.

(A) In general.

(B) LIFO increment.

(C) LIFO decrement.

(iii) Permissible variations of the simplified resale method.

(iv) Examples.

(4) Simplified resale method with historic absorption ratio election.

(i) In general.

(ii) Operating rules and definitions.

(A) Historic absorption ratio.

(B) Test period.

(1) In general.

(2) Updated test period.

(C) Qualifying period.

(1) In general.

(2) Extension of qualifying period.

(iii) Method of accounting.

(A) Adoption and use.

(B) Revocation of election.

(iv) Reporting and recordkeeping requirements.

(A) Reporting.

(B) Recordkeeping.

(v) Transition rules.

(vi) Example.

(5) Additional simplified methods for resellers.

(e) Cross reference.

(f) Effective/applicability date.

§1.263A-4 Rules for property produced in a farming business.

(a) Introduction.

(1) In general.

(2) Exception.

(i) In general.

(ii) Tax shelter.

(A) In general.

(B) Presumption.

(iii) Examples.

(3) Costs required to be capitalized or inventoried under another provision.

(4) Farming business.

(i) In general.

(A) Plant.

(B) Animal.

(ii) Incidental activities.

(A) In general.

(B) Activities that are not incidental.

(iii) Examples.

(b) Application of section 263A to property produced in a farming business.

(1) In general.

(i) Plants.

(ii) Animals.

(2) Preproductive period.

(i) Plant.

(A) In general.

(B) Applicability of section 263A.

(C) Actual preproductive period.

(1) Beginning of the preproductive period.

(2) End of the preproductive period.

(i) In general.

(ii) Marketable quantities.

(D) Examples.

(ii) Animal.

(A) Beginning of the preproductive period.

(B) End of the preproductive period.

(C) Allocation of costs between animal and first yield.

(c) Inventory methods.

(1) In general.

(2) Available for property used in a trade or business.

(3) Exclusion of property to which section 263A does not apply.

(d) Election not to have section 263A apply.

(1) Introduction.

(2) Availability of the election.

(3) Time and manner of making the election.

(i) Automatic election.

(ii) Nonautomatic election.

(4) Special rules.

(i) Section 1245 treatment.

(ii) Required use of alternative depreciation system.

(iii) Related person.

(A) In general.

(B) Members of family.

(5) Examples.

(e) Exception for certain costs resulting from casualty losses.

(1) In general.

(2) Ownership.

(3) Examples.

(4) Special rule for citrus and almond groves.

(i) In general.

(ii) Example.

(f) Effective date and change in method of accounting.

(1) Effective date.

(2) Change in method of accounting.

§1.263A-7   Changing a method of accounting under section 263A.

(a) Introduction.

(1) Purpose.

(2) Taxpayers that adopt a method of accounting under section 263A.

(3) Taxpayers that change a method of accounting under section 263A.

(4) Effective date.

(5) Definition of change in method of accounting.

(b) Rules applicable to a change in method of accounting.

(1) General rules.

(2) Special rules.

(i) Ordering rules when multiple changes in method of accounting occur in the year of change.

(A) In general.

(B) Exceptions to the general ordering rule.

(1) Change from the LIFO inventory method.

(2) Change from the specific goods LIFO inventory method.

(3) Change in overall method of accounting.

(4) Change in method of accounting for depreciation.

(ii) Adjustment required by section 481(a).

(iii) Base year.

(A) Need for a new base year.

(1) Facts and circumstances revaluation method used.

(2) 3-year average method used.

(i) Simplified method not used.

(ii) Simplified method used.

(B) Computing a new base year.

(c) Inventory.

(1) Need for adjustments.

(2) Revaluing beginning inventory.

(i) In general.

(ii) Methods to revalue inventory.

(iii) Facts and circumstances revaluation method.

(A) In general.

(B) Exception.

(C) Estimates and procedures allowed.

(D) Use by dollar-value LIFO taxpayers.

(E) Examples.

(iv) Weighted average method.

(A) In general.

(B) Weighted average method for FIFO taxpayers.

(1) In general.

(2) Example.

(C) Weighted average method for specific goods LIFO taxpayers.

(1) In general.

(2) Example.

(D) Adjustments to inventory costs from prior years.

(v) 3-year average method.

(A) In general.

(B) Consecutive year requirement.

(C) Example.

(D) Short taxable years.

(E) Adjustments to inventory costs from prior years.

(1) General rule.

(2) Examples of costs eligible for restatement adjustment procedure.

(F) Restatement adjustment procedure.

(1) In general.

(2) Examples of restatement adjustment procedure.

(3) Intercompany items.

(i) Revaluing intercompany transactions.

(ii) Example.

(iii) Availability of revaluation methods.

(4) Anti-abuse rule.

(i) In general.

(ii) Deemed avoidance of this section.

(A) Scope.

(B) General rule.

(iii) Election to use transferor's LIFO layers.

(iv) Tax avoidance intent not required.

(v) Related corporation.

(d) Non-inventory property.

(1) Need for adjustments.

(2) Revaluing property.

§1.263A-8   Requirement to capitalize interest.

(a) In general.

(1) General rule.

(2) Treatment of interest required to be capitalized.

(3) Methods of accounting under section 263A(f).

(4) Special definitions.

(i) Related person.

(ii) Placed in service.

(b) Designated property.

(1) In general.

(2) Special rules.

(i) Application of thresholds.

(ii) Relevant activities and costs.

(iii) Production period and cost of production.

(3) Excluded property.

(4) De minimis rule.

(i) In general.

(ii) Determination of total production expenditures.

(c) Definition of real property.

(1) In general.

(2) Unsevered natural products of land.

(3) Inherently permanent structures.

(4) Machinery.

(i) Treatment.

(ii) Certain factors not determinative.

(d) Production.

(1) Definition of produce.

(2) Property produced under a contract.

(i) Customer.

(ii) Contractor.

(iii) Definition of a contract.

(iv) Determination of whether thresholds are satisfied.

(A) Customer.

(B) Contractor.

(v) Exclusion for property subject to long-term contract rules.

(3) Improvements to existing property.

(i) In general.

(ii) Real property.

(iii) Tangible personal property.

§1.263A-9   The avoided cost method.

(a) In general.

(1) Description.

(2) Overview.

(i) In general.

(ii) Rules that apply in determining amounts.

(3) Definitions of interest and incurred.

(4) Definition of eligible debt.

(b) Traced debt amount.

(1) General rule.

(2) Identification and definition of traced debt.

(3) Example.

(c) Excess expenditure amount.

(1) General rule.

(2) Interest required to be capitalized.

(3) Example.

(4) Treatment of interest subject to a deferral provision.

(5) Definitions.

(i) Nontraced debt.

(A) Defined.

(B) Example.

(ii) Average excess expenditures.

(A) General rule.

(B) Example.

(iii) Weighted average interest rate.

(A) Determination of rate.

(B) Interest incurred on nontraced debt.

(C) Average nontraced debt.

(D) Special rules if taxpayer has no nontraced debt or rate is contingent.

(6) Examples.

(7) Special rules where the excess expenditure amount exceeds incurred interest.

(i) Allocation of total incurred interest to units.

(ii) Application of related person rules to average excess expenditures.

(iii) Special rule for corporations.

(d) Election not to trace debt.

(1) General rule.

(2) Example.

(e) Election to use external rate.

(1) In general.

(2) Eligible taxpayer.

(f) Selection of computation period and measurement dates and application of averaging conventions.

(1) Computation period.

(i) In general.

(ii) Method of accounting.

(iii) Production period beginning or ending during the computation period.

(2) Measurement dates.

(i) In general.

(ii) Measurement period.

(iii) Measurement dates on which accumulated production expenditures must be taken into account.

(iv) More frequent measurement dates.

(3) Examples.

(g) Special rules.

(1) Ordering rules.

(i) Provisions preempted by section 263A(f).

(ii) Deferral provisions applied before this section.

(2) Application of section 263A(f) to deferred interest.

(i) In general.

(ii) Capitalization of deferral amount.

(iii) Deferred capitalization.

(iv) Substitute capitalization.

(A) General rule.

(B) Capitalization of amount carried forward.

(C) Method of accounting.

(v) Examples.

(3) Simplified inventory method.

(i) In general.

(ii) Segmentation of inventory.

(A) General rule.

(B) Example.

(iii) Aggregate interest capitalization amount.

(A) Computation period and weighted average interest rate.

(B) Computation of the tentative aggregate interest capitalization amount.

(C) Coordination with other interest capitalization computations.

(1) In general.

(2) Deferred interest.

(3) Other coordinating provisions.

(D) Treatment of increases or decreases in the aggregate interest capitalization amount.

(E) Example.

(iv) Method of accounting.

(4) Financial accounting method disregarded.

(5) Treatment of intercompany transactions.

(i) General rule.

(ii) Special rule for consolidated group with limited outside borrowing.

(iii) Example.

(6) Notional principal contracts and other derivatives. [Reserved]

(7) 15-day repayment rule.

§1.263A-10   Unit of property.

(a) In general.

(b) Units of real property.

(1) In general.

(2) Functional interdependence.

(3) Common features.

(4) Allocation of costs to unit.

(5) Treatment of costs when a common feature is included in a unit of real property.

(i) General rule.

(ii) Production activity not undertaken on benefitted property.

(A) Direct production activity not undertaken.

(1) In general.

(2) Land attributable to a benefitted property.

(B) Suspension of direct production activity after clearing and grading undertaken.

(1) General rule.

(2) Accumulated production expenditures.

(iii) Common feature placed in service before the end of production of a benefitted property.

(iv) Benefitted property sold before production completed on common feature.

(v) Benefitted property placed in service before production completed on common feature.

(6) Examples.

(c) Units of tangible personal property.

(d) Treatment of installations.

§1.263A-11   Accumulated production expenditures.

(a) General rule.

(b) When costs are first taken into account.

(1) In general.

(2) Dedication rule for materials and supplies.

(c) Property produced under a contract.

(1) Customer.

(2) Contractor.

(d) Property used to produce designated property.

(1) In general.

(2) Example.

(3) Excluded equipment and facilities.

(e) Improvements.

(1) General rule.

(2) De minimis rule.

(f) Mid-production purchases.

(g) Related person costs.

(h) Installation.

§1.263A-12   Production period.

(a) In general.

(b) Related person activities.

(c) Beginning of production period.

(1) In general.

(2) Real property.

(3) Tangible personal property.

(d) End of production period.

(1) In general.

(2) Special rules.

(3) Sequential production or delivery.

(4) Examples.

(e) Physical production activities.

(1) In general.

(2) Illustrations.

(f) Activities not considered physical production.

(1) Planning and design.

(2) Incidental repairs.

(g) Suspension of production period.

(1) In general.

(2) Special rule.

(3) Method of accounting.

(4) Example.

§1.263A-13   Oil and gas activities.

(a) In general.

(b) Generally applicable rules.

(1) Beginning of production period.

(i) Onshore activities.

(ii) Offshore activities.

(2) End of production period.

(3) Accumulated production expenditures.

(i) Costs included.

(ii) Improvement unit.

(c) Special rules when definite plan not established.

(1) In general.

(2) Oil and gas units.

(i) First productive well unit.

(ii) Subsequent units.

(3) Beginning of production period.

(i) First productive well unit.

(ii) Subsequent wells.

(4) End of production period.

(5) Accumulated production expenditures.

(i) First productive well unit.

(ii) Subsequent well unit.

(6) Allocation of interest capitalized with respect to first productive well unit.

(7) Examples.

§1.263A-14   Rules for related persons.

§1.263A-15   Effective dates, transitional rules, and anti-abuse rule.

(a) Effective dates.

(b) Transitional rule for accumulated production expenditures.

(1) In general.

(2) Property used to produce designated property.

(c) Anti-abuse rule.

[T.D. 8482, 58 FR 42207, Aug. 9, 1993, as amended by T.D. 8584, 59 FR 67196, Dec. 29, 1994; 60 FR 16574, Mar. 31, 1995; T.D. 8728, 62 FR 42054, Aug. 5, 1997; T.D. 8897, 65 FR 50643, Aug. 21, 2000; T.D. 9636, 78 FR 57745, Sept. 19, 2013; T.D. 9652, 79 FR 2096, Jan. 13, 2014]



For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov.
For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov.