ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

26 U.S.C. § 471General rule for inventories

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 441 words · no verdicts yet

in plain englishAI-generated · not legal advice

Taxpayers must use inventories when needed to accurately measure income, following methods the Secretary approves. Businesses can estimate inventory shrinkage instead of always counting it on the last day of the year, if they check those estimates with regular physical counts. Small businesses get some exemptions.

(a) General rule. Whenever the Secretary decides that using inventories is necessary to clearly figure out a taxpayer's income, the taxpayer must take inventories. They must use a method the Secretary approves — one that follows the best accounting practices for that trade or business as closely as possible, and that most clearly reflects the taxpayer's income. (b) Estimates of inventory shrinkage allowed. A method for figuring inventories isn't treated as failing to clearly reflect income just because it estimates inventory shrinkage that gets confirmed by a physical count only after the last day of the tax year, as long as: (1) the taxpayer normally does regular physical counts of inventory at each location, and (2) the taxpayer properly adjusts its inventories and estimating methods when the estimates turn out too high or too low compared to actual shrinkage. (c) Exemption for certain small businesses. (1) In general, a taxpayer that isn't a tax shelter barred from cash-method accounting under section 448(a)(3), and that meets the gross-receipts test of section 448(c) for a tax year, doesn't have to follow subsection (a) for that year. Instead, its inventory accounting method is fine as long as it either (i) treats inventory as materials and supplies that aren't "incidental," or (ii) matches the method the taxpayer uses in an applicable financial statement, or if there is none, in its own books and records. (2) "Applicable financial statement" has the meaning given in section 451(b)(3). (3) For a taxpayer that isn't a corporation or partnership, the gross-receipts test is applied as if each of its trades or businesses were its own corporation or partnership. (4) Any accounting-method change made under this subsection is treated, for section 481 purposes, as started by the taxpayer with the Secretary's consent. (d) Cross reference. For rules on capitalizing direct and indirect property costs, see section 263A.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

Whenever in the opinion of the Secretary the use of inventories is necessary in order clearly to determine the income of any taxpayer, inventories shall be taken by such taxpayer on such basis as the Secretary may prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly reflecting the income.

(b) Estimates of inventory shrinkage permitted

A method of determining inventories shall not be treated as failing to clearly reflect income solely because it utilizes estimates of inventory shrinkage that are confirmed by a physical count only after the last day of the taxable year if—

(1)

the taxpayer normally does a physical count of inventories at each location on a regular and consistent basis, and

(2)

the taxpayer makes proper adjustments to such inventories and to its estimating methods to the extent such estimates are greater than or less than the actual shrinkage.

(c) Exemption for certain small businesses
(1) In general

In the case of any taxpayer (other than a tax shelter prohibited from using the cash receipts and disbursements method of accounting under section 448(a)(3)) which meets the gross receipts test of section 448(c) for any taxable year—

(A)

subsection (a) shall not apply with respect to such taxpayer for such taxable year, and

(B)

the taxpayer’s method of accounting for inventory for such taxable year shall not be treated as failing to clearly reflect income if such method either—

(i)

treats inventory as non-incidental materials and supplies, or

(ii)

conforms to such taxpayer’s method of accounting reflected in an applicable financial statement of the taxpayer with respect to such taxable year or, if the taxpayer does not have any applicable financial statement with respect to such taxable year, the books and records of the taxpayer prepared in accordance with the taxpayer’s accounting procedures.

(2) Applicable financial statement

For purposes of this subsection, the term “applicable financial statement” has the meaning given the term in section 451(b)(3).

(3) Application of gross receipts test to individuals, etc.

In the case of any taxpayer which is not a corporation or a partnership, the gross receipts test of section 448(c) shall be applied in the same manner as if each trade or business of such taxpayer were a corporation or partnership.

(4) Coordination with section 481

Any change in method of accounting made pursuant to this subsection shall be treated for purposes of section 481 as initiated by the taxpayer and made with the consent of the Secretary.

(d) Cross reference

For rules relating to capitalization of direct and indirect costs of property, see section 263A.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 159; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 99–514, title VIII, § 803(b)(4), Oct. 22, 1986, 100 Stat. 2356; Pub. L. 105–34, title IX, § 961(a), Aug. 5, 1997, 111 Stat. 891; Pub. L. 115–97, title I, § 13102(c), Dec. 22, 2017, 131 Stat. 2103.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2356
  • 1997Amended · Pub. L. 105-34 · 111 Stat. 891
  • 2017Amended · Pub. L. 115-97 · 131 Stat. 2103

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case