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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
opening and closing inventories. You cannot claim the
loss again as a casualty or theft loss. Any insurance or
other reimbursement you receive for the loss is taxable.
You can choose to claim the loss separately as a casu-
alty or theft loss. If you claim the loss separately, adjust
opening inventory or purchases to eliminate the loss items
and avoid counting the loss twice.
If you claim the loss separately, reduce the loss by the
reimbursement you receive or expect to receive. If you do
not receive the reimbursement by the end of the year, you
cannot claim a loss for any amounts you reasonably ex-
pect to recover.
Forgiveness of indebtedness by creditors or suppli-
ers. If your creditors or suppliers forgive part of what you
owe them because of your inventory loss, this amount is
treated as taxable income.
Disaster loss. If your inventory loss is due to a disaster
in an area determined by the President of the United
States to be eligible for federal assistance, you can
choose to deduct the loss on your return for the immedi-
ately preceding year. However, you must also decrease
your opening inventory for the year of the loss so the loss
will not show up again in inventory.
Uniform Capitalization Rules
Under the uniform capitalization rules, you must capitalize
the direct costs and part of the indirect costs for produc-
tion or resale activities. Include these costs in the basis of
property you produce or acquire for resale, rather than
claiming them as a current deduction. You recover the
costs through depreciation, amortization, or cost of goods
sold when you use, sell, or otherwise dispose of the prop-
erty.
Special uniform capitalization rules apply to a
farming business. See chapter 6 in Pub. 225.
Activities subject to the rules. You are subject to the
uniform capitalization rules if you do any of the following,
unless the property is produced for your use other than in
a trade or business or an activity carried on for profit.
•
Produce real or tangible personal property.
•
Acquire property for resale. However, see the excep-
tion for certain small taxpayers, discussed later.
Producing property. You produce property if you
construct, build, install, manufacture, develop, improve,
create, raise, or grow the property. Property produced for
you under a contract is treated as produced by you to the
extent you make payments or otherwise incur costs in
connection with the property.
Tangible personal property. Tangible personal
property includes films, sound recordings, video tapes,
books, artwork, photographs, or similar property contain-
ing words, ideas, concepts, images, or sounds. However,
freelance authors, photographers, and artists are exempt
from the uniform capitalization rules if they qualify.
Exceptions. The uniform capitalization rules do not apply
to the following.
•
A small business taxpayer that meets the gross re-
ceipts test under section 448(c) and that is not a tax
shelter.
•
Property produced to use as personal or nonbusiness
property or for uses not connected with a trade or
business or an activity conducted for profit.
•
Research and experimental expenditures deductible
under section 174.
•
Intangible drilling and development costs of oil and
gas or geothermal wells or any amortization deduction
allowable under section 59(e) for intangible drilling,
development, or mining exploration expenditures.
•
Property produced under a long-term contract, except
for certain home construction contracts. See section
460(e).
•
Timber and certain ornamental trees raised, harves-
ted, or grown, and the underlying land.
•
Qualified creative expenses paid or incurred as a free-
lance (self-employed) writer, photographer, or artist
that are otherwise deductible on your tax return.
•
Costs allocable to natural gas acquired for resale to
the extent these costs would otherwise be allocable to
cushion gas stored underground.
•
Property produced if substantial construction occurred
before March 1, 1986.
•
Property provided to customers in connection with
providing services. It must be de minimus in amount
and not be included in inventory in the hands of the
service provider.
•
Loan origination.
•
The costs of certain producers who use a simplified
production method and whose total indirect costs are
$200,000 or less. See Regulations section
1.263A-2(b)(3)(iv) for more information.
Qualified creative expenses. Qualified creative ex-
penses are expenses paid or incurred by a freelance
(self-employed) writer, photographer, or artist whose per-
sonal efforts create (or can reasonably be expected to
create) certain properties. These expenses do not include
expenses related to printing, photographic plates, motion
picture films, video tapes, or similar items.
These individuals are defined as follows.
•
A writer is an individual who creates a literary manu-
script, a musical composition (including any accompa-
nying words), or a dance score.
•
A photographer is an individual who creates a photo-
graph or photographic negative or transparency.
•
An artist is an individual who creates a picture, paint-
ing, sculpture, statue, etching, drawing, cartoon,
graphic design, or original print item. The originality
Publication 538 (January 2022) Page 17