Sec. 1.263(a)-6 Election to deduct or capitalize certain expenditures.
(a) In general.
Under certain provisions of the Internal Revenue Code (Code), taxpayers may elect to treat capital expenditures as deductible expenses or as deferred expenses, or to treat deductible expenses as capital expenditures.
(b) Election provisions.
The sections referred to in paragraph (a) of this section include:
(3) Section 175 (soil and water conservation expenditures; endangered species recovery expenditures);
(4) Section 179 (election to expense certain depreciable business assets);
(5) Section 179A (deduction for clean-fuel vehicles and certain refueling property);
(6) Section 179B (deduction for capital costs incurred in complying with environmental protection agency sulfur regulations);
(8) Section 179D (energy efficient commercial buildings deduction);
(9) Section 179E (election to expense advanced mine safety equipment);
(11) Section 181 (treatment of certain qualified film and television productions);
(12) Section 190 (expenditures to remove architectural and transportation barriers to the handicapped and elderly);
(16) Section 198 (expensing of environmental remediation costs);
(17) Section 198A (expensing of qualified disaster expenses);
(18) Section 248 (organization expenditures of a corporation);
(21) Section 709 (organization and syndication fees of a partnership).
(c) Effective/applicability date
(1) In general.
This section applies to taxable years beginning on or after January 1, 2014. Except as provided in paragraphs (c)(2) and (c)(3) of this section, § 1.263(a)-3 as contained in 26 CFR part 1 edition revised as of April 1, 2011, applies to taxable years beginning before January 1, 2014. For the effective dates of the enumerated election provisions, see those Code sections and the regulations under those sections..
(2) Early application of this section.
A taxpayer may choose to apply this section to taxable years beginning on or after January 1, 2012.
(3) Optional application of TD 9564.
A taxpayer may choose to apply § 1.263(a)-6T as contained in TD 9564 (76 FR 81060) December 27, 2011, to taxable years beginning on or after January 1, 2012, and before January 1, 2014.
[Added by T.D. 9636, 78 FR 57685-57747, Sept. 19, 2013.]