S1613-119

2. New business expenditures Section 195(a) of the Internal Revenue Code of 1986 is amended by inserting or organizational after start-up. Subsection (c) of section 195 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: The term organizational expenditures means any expenditure which— is incident to the creation of a corporation or a partnership, is chargeable to capital account, and is of a character which, if expended incident to the creation of a corporation or a partnership having a limited life, would be amortizable over such life. Section 195(b)(1) is amended— by striking with respect to any start-up expenses and inserting with respect to any active trade or business, by striking the amount of start-up expenditures with respect to in subparagraph (A)(i) thereof and inserting the aggregate amount of start-up and organizational expenditures paid in connection with, and by adding at the end the following flush sentence: Section 195(b)(2) of such Code is amended— by striking amortization period.—In any case and inserting the following: amortization period.— In any case by adding at the end the following new subparagraph: In the case of a partnership or S corporation, subparagraph (A) shall be applied at the entity level. Section 195(b) of such Code is amended by striking paragraph (3). Part VIII of subchapter B of chapter 1 of such Code is amended by striking section 248 (and by striking the item relating to such section in the table of sections for such part). Section 170(b)(2)(C)(ii) of such Code is amended by striking (except section 248). Section 312(n)(3) of such Code is amended by striking Sections 173 and 248 and inserting Section 173. Section 535(b)(3) of such Code is amended by striking (except section 248). Paragraphs (3) and (4) of section 545(b) of such Code are each amended by striking (except section 248). Section 834(c)(7) of such Code is amended by striking (except section 248). Section 852(b)(2)(C) of such Code is amended by striking (except section 248). Section 857(b)(2)(A) of such Code is amended by striking (except section 248). Section 1363(b) of such Code is amended by inserting and at the end of paragraph (2), by striking paragraph (3), and by redesignating paragraph (4) as paragraph (3). Section 1375(b)(1)(B)(i) of such Code is amended by striking (other than the deduction allowed by section 248, relating to organization expenditures). Section 709 of such Code is amended to read as follows: No deduction shall be allowed under this chapter to a partnership or to any partner of the partnership for any amounts paid or incurred to promote the sale of (or to sell) an interest in the partnership. The item relating to section 709 in the table of sections for part I of subchapter K of chapter 1 of such Code is amended to read as follows: The heading of section 195 of such Code (and the item relating to such section in the table of sections for part VI of subchapter B of chapter 1 of such Code) are each amended by inserting and organizational after Start-up. Clause (ii) of section 195(b)(1)(A) of the Internal Revenue Code of 1986 is amended— by striking $5,000 and inserting $50,000, and by striking $50,000 and inserting $150,000. Section 172 of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: In the case of a taxpayer making an election under this subsection— this section shall be applied separately to start-up and organizational net operating losses and other net operating losses, in applying this section to start-up and organizational net operating losses— subsection (a)(2)(B) shall be applied by substituting 100 percent for 80 percent in clause (i) thereof, and subsection (b)(2)(C) shall not apply, and in applying this section to other net operating losses, for purposes of subsections (a)(2)(B)(ii)(I) and (b)(2), taxable income shall be reduced by the amount of the deduction allowed under this section with respect to start-up and organizational net operating losses. For purposes of this section, the term start-up and organizational net operating loss means the amount which would be a net operating loss if the only deduction taken into account were the deduction allowed under section 195. For purposes of this section, the term other net operating loss means the net operating loss determined without regard to the deduction allowed under section 195. An election under this section shall be made at such time and in such form and manner as the Secretary shall prescribe. Such an election, once made, shall be irrevocable. The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2025. (3) Organizational expenditures The term organizational expenditures means any expenditure which— (A) is incident to the creation of a corporation or a partnership, (B) is chargeable to capital account, and (C) is of a character which, if expended incident to the creation of a corporation or a partnership having a limited life, would be amortizable over such life. . In the case of a partnership or S corporation, the election under the preceding sentence shall be made at the entity level. . amortization period.— (A) In general In any case , and (B) Special partnership rule In the case of a partnership or S corporation, subparagraph (A) shall be applied at the entity level. . 709. Treatment of syndication fees No deduction shall be allowed under this chapter to a partnership or to any partner of the partnership for any amounts paid or incurred to promote the sale of (or to sell) an interest in the partnership. . Sec. 709. Treatment of syndication fees. . (g) Special rules for start-Up and organizational expenditures (1) In general In the case of a taxpayer making an election under this subsection— (A) this section shall be applied separately to start-up and organizational net operating losses and other net operating losses, (B) in applying this section to start-up and organizational net operating losses— (i) subsection (a)(2)(B) shall be applied by substituting 100 percent for 80 percent in clause (i) thereof, and (ii) subsection (b)(2)(C) shall not apply, and (C) in applying this section to other net operating losses, for purposes of subsections (a)(2)(B)(ii)(I) and (b)(2), taxable income shall be reduced by the amount of the deduction allowed under this section with respect to start-up and organizational net operating losses. (2) Start-up and organizational net operating loss For purposes of this section, the term start-up and organizational net operating loss means the amount which would be a net operating loss if the only deduction taken into account were the deduction allowed under section 195. (3) Other net operating losses For purposes of this section, the term other net operating loss means the net operating loss determined without regard to the deduction allowed under section 195. (4) Election An election under this section shall be made at such time and in such form and manner as the Secretary shall prescribe. Such an election, once made, shall be irrevocable. .