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26 U.S.C. § 446General rule for methods of accounting

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 301 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says taxpayers must figure taxable income using the accounting method they regularly use in their own books. If that method doesn't clearly show income, the Secretary can require a different one. Changing methods requires the Secretary's permission.

(a) General rule -- Taxable income is computed using whatever accounting method the taxpayer regularly uses to figure income in their own books. (b) Exceptions -- If the taxpayer hasn't regularly used any accounting method, or if the method used doesn't clearly reflect income, the Secretary decides what method must be used instead -- one that, in the Secretary's opinion, does clearly reflect income. (c) Permissible methods -- Subject to (a) and (b), a taxpayer can compute taxable income under any of these methods: (1) the cash receipts and disbursements method; (2) an accrual method; (3) any other method this chapter permits; or (4) any combination of these methods, if regulations the Secretary prescribes allow it. (d) Taxpayer engaged in more than one business -- A taxpayer in more than one trade or business can use a different accounting method for each one. (e) Requirement respecting change of accounting method -- Except where this chapter expressly says otherwise, a taxpayer who wants to change the accounting method used in their own books must secure the Secretary's consent before computing taxable income under the new method. (f) Failure to request change of method of accounting -- If a taxpayer never files a request with the Secretary to change accounting methods, the fact that the Secretary never consented can't be used: (1) to prevent a penalty or an addition to tax from applying under this title, or (2) to reduce the amount of that penalty or addition to tax.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

Taxable income shall be computed under the method of accounting on the basis of which the taxpayer regularly computes his income in keeping his books.

(b) Exceptions

If no method of accounting has been regularly used by the taxpayer, or if the method used does not clearly reflect income, the computation of taxable income shall be made under such method as, in the opinion of the Secretary, does clearly reflect income.

(c) Permissible methods

Subject to the provisions of subsections (a) and (b), a taxpayer may compute taxable income under any of the following methods of accounting—

(1)

the cash receipts and disbursements method;

(2)

an accrual method;

(3)

any other method permitted by this chapter; or

(4)

any combination of the foregoing methods permitted under regulations prescribed by the Secretary.

(d) Taxpayer engaged in more than one business

A taxpayer engaged in more than one trade or business may, in computing taxable income, use a different method of accounting for each trade or business.

(e) Requirement respecting change of accounting method

Except as otherwise expressly provided in this chapter, a taxpayer who changes the method of accounting on the basis of which he regularly computes his income in keeping his books shall, before computing his taxable income under the new method, secure the consent of the Secretary.

(f) Failure to request change of method of accounting

If the taxpayer does not file with the Secretary a request to change the method of accounting, the absence of the consent of the Secretary to a change in the method of accounting shall not be taken into account—

(1)

to prevent the imposition of any penalty, or the addition of any amount to tax, under this title, or

(2)

to diminish the amount of such penalty or addition to tax.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 151; Pub. L. 94–455, title XIX, § 1906 (b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98–369, div. A, title I, § 161(a), July 18, 1984, 98 Stat. 696.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 696

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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