Deduction of start-up expenditures
IRC §195 lets you deduct up to $5,000 of start-up expenditures in the year the active trade or business begins. The $5,000 is reduced $1-for-$1 once total start-up costs exceed $50,000, and it reaches $0 at $55,000. Any remainder is amortized ratably over 180 months. The dollar amounts have been statutory since the American Jobs Creation Act of 2004 (no COLA). This is not the §121 home-sale exclusion or the §1211(b) capital-loss limitation.
With $5,000: the full $5,000 is deducted now. With $40,000: $5,000 now and $35,000 over 180 months ($194.44/month). With $53,000: phase-out of $3,000 leaves $2,000 now. With $55,000: $0 now (full phase-out).
Formula
now = min(costs, $5,000) − max(0, costs − $50,000) | remainder / 180 months
| Costs | Now | Phase-out | Remainder | $/month |
|---|---|---|---|---|
| $5,000 | $5,000.00 | $0.00 | $0.00 | $0.00 |
| $40,000 | $5,000.00 | $0.00 | $35,000.00 | $194.44 |
| $50,000 | $5,000.00 | $0.00 | $45,000.00 | $250.00 |
| $53,000 | $2,000.00 | $3,000.00 | $51,000.00 | $283.33 |
| $55,000 | $0.00 | $5,000.00 | $55,000.00 | $305.56 |
What this page is not
This is not the §121 exclusion of gain on a principal residence, and it is not the §1211(b) capital-loss limitation. It does not classify organizational expenditures under §248, syndication costs, or whether a particular invoice is a start-up expenditure under §195(c). It assumes the taxpayer elects §195 and the business has begun. Year-1 amortization here is 12 full months (no mid-year start-month proration).
Common mistakes
- Deducting the full $40,000 in year 1: only $5,000 is immediate; $35,000 amortizes over 180 months.
- Ignoring the phase-out: at $53,000 the immediate amount is $2,000, not $5,000.
- Treating $55,000 as still eligible for $5,000 now: the cap is fully phased out.
- Confusing this with §248 organizational costs or with the §121 home-sale exclusion.
On Form 4562 (amortization) and the return for the year the business begins. Pub. 535 covers start-up costs.
No. IRC §195(b) has used $5,000 / $50,000 / 180 months since AJCA 2004. There is no COLA on these amounts.
Educational content, not tax advice. IRC §195. Confirm with the IRS or a CPA.