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Optimizing Tax Treatment of Transaction Costs

Gain insight into the tax treatment of transaction costs in commonly encountered business scenarios.

This topic will equip you with knowledge of the tax treatment of transaction costs in commonly encountered business scenarios. Using real world examples and case studies, this material will guide you through the general rule of capitalization under Section 263(a) focusing on due diligence costs, facilitative and nonfacilitative costs and covered transactions. The information and materials will examine asset and business transaction types and the effect of such on transactional cost tax treatment. Of note, this topic provides special attention to the effect of 2017's TCJA on transaction costs and reviews treatment of success-based fees in business transactions.

Runtime: 102 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The General Rule of Capitalization

  • Section 263(a)
  • INDOPCO, Inc. v. Commissioner

Costs Subject to Capitalization

  • Principles
  • Origin of the Claim Doctrine
  • Facilitative Costs - Reg. §§ 1.263(a)-5

Costs Not Subject to Capitalization

  • Nonfacilitative Costs

When Costs Are Capitalized

  • Accrual Method
  • Cash Method

Impact of 2017 TCJA

  • Expensing Under SEC. 168

Business/Transaction Costs

  • IRS LB and I Process Unit (2018)
  • Identifying Proper Legal Entity
  • Facilitative Costs
  • Covered Transactions
  • Success-Based Fees
  • Start-up Expenses
  • Due Diligence Costs
  • Business Acquisition Costs
  • Partnership Considerations
  • Reorganization Expenses
  • Break-up Fees

Transaction Costs Incurred to Produce Intangible Property

  • Capitalization Under Regulations

Real Estate Transaction Costs

IRS Audit Considerations

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on November 21, 2019.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.75
     
  • NJ CLE 2.0
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.75
     
  • WV MCLE 2.0
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.75
     
  • NJ CLE 2.0
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.75
     
  • WV MCLE 2.0
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Todd Denison

Todd Denison

Phelps Dunbar LLP

  • Partner with Phelps Dunbar LLP
  • Represents individuals and business entities in the areas of business transactions and operations, partnership and corporate taxation, real and personal property transactions and trust and estates (including sophisticated estate planning), charitable organizations (formation and operations), employee stock ownership plans and other qualified retirement plans, captive insurance, international transactions and taxation, tax controversies with the IRS and elder law
  • Clients include a regional engineering firm, national advertising agency, regional construction firm, regional stone and interior design firm and numerous family-owned businesses operating locally, regionally and internationally
  • Frequent speaker and has several publications
  • Member of numerous professional and civic organizations
  • Achieved the highest rating with Martindale-Hubbell Law Directory
  • The Best Lawyers in America© (Woodward/White, Inc.), Business Organizations (including LLCs and Partnerships) in Mobile, 2019; Tax Law in Mobile, 2018-2019; Trusts and Estates in Mobile, 2018-2019
  • LL.M. degree, New York University School of Law; J.D. degree, University of Montana School of Law; M.A. and B.A. degrees, University of Montana
  • Can be contacted at 251-441-8206 or [email protected]
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 405895
Published 2019
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