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Tangible Property "Repair" Regulations Require Taxpayer Action in 2014 and Beyond

March 18, 2014

Crystal A. Germanese, CPA

The IRS's final tangible property "repair" regulations became effective January 1, 2014. The regulations provide a massive revision to the rules on capitalizing and deducting costs incurred with respect to tangible property. The regulations apply to amounts paid to acquire, produce or improve tangible property; every business is affected, especially those with significant fixed assets.

Required and Elective Changes

There is a lot of work ahead for most taxpayers to comply with the new rules. There are three categories of changes under the regulations:

  • Changes that are required and are retroactive, with full adjustments under Code Sec. 481(a), in effect applying the regulations to previous years;
  • Required changes with modified or prospective Code Sec. 481(a) adjustment beginning in 2014; and
  • Elective changes that do not require any adjustments under Code Sec. 481.

Required changes with full adjustments include unit of property changes, deducting repairs (including the routine maintenance safe harbor), deducting dealer expenses that facilitate the sale of property, the optional method for rotable spare parts, capitalizing improvements and capitalizing certain acquisition or production costs. Elective changes can include capitalizing repair and maintenance costs of they are capitalized for financial accounting purposes.

Rev. Proc. 2014-16

The IRS issued Rev. Proc. 2014-16, granting automatic consent to taxpayers to change their accounting methods to comply with the final regulations. Rev. Proc. 2014-16 applies to all the significant provisions in the final regulations, such as repairs and improvements; materials and supplies, including rotable and temporary spare parts; and costs that have to be capitalized as improvements. Rev. Proc. 2014-16 supersedes Rev. Proc. 2012-19, which applied to changes made under the temporary and proposed repair regulations issued at the end of 2011.

There are 14 automatic method changes provided by Rev. Proc. 2014-16 for the repair regulations. Taxpayers may file for automatic consent on a single Form 3115, even if they are making changes in more than one area. The normal scope limitations on changing accounting methods do not apply to a taxpayer making one or more changes for any tax year beginning before January 1, 2015. Scope changes would normally apply if the taxpayer is under examination, is in the final year of a trade or business, or is changing the same accounting method it changed in the previous five years.

Filing Deadlines

The final regulations generally apply to tax years beginning on or after January 1, 2014, but also allow a taxpayer to choose to apply them to tax year beginning on or after January 1, 2012. Taxpayers applying the regulations to 2014 must file for an automatic change by September 15, 2015. The government has indicated it is unlikely to postpone the effective date of the regulations.


Rev. Proc. 2014-16 does not apply to dispositions of tangible property. The government issued reproposed regulations in this area (NPRM REG-110732-13). No comments were submitted on these proposed regulations; it is likely the final regulations will not have any significant changes. Although these regulations may not be finalized until later in 2014, the IRS has already issued Rev. Proc. 2014-17 to allow taxpayers to make automatic accounting method changes under the proposed regulations. Rev. Proc. 2014-17, explains that the proposed regulations, when finalized, will apply to tax years beginning on or after January 1, 2014. Rev. Proc. 2014-17 includes accounting method change rules for dispositions of tangible depreciable property, application of statistical sampling, revocation of general asset account elections and late partial disposition elections.


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