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26 U.S.C. § 474Simplified dollar-value LIFO method for certain small businesses

submitted 45 years ago by Pub. L. 97-34 to r/title-26-INTERNAL-REVENUE-CODE · 633 words · no verdicts yet

in plain englishAI-generated · not legal advice

Small businesses can choose a simplified way to price LIFO inventory. This method uses major categories from a government price index, like the Producer Price Index. A business qualifies if its average revenue over the past three years is $5 million or less.

(a) General rule -- A business that qualifies as an "eligible small business" may choose to use the simplified dollar-value method for pricing its LIFO inventory. (b) Simplified dollar-value method of pricing inventories -- (1) In general -- Under this method, (A) the taxpayer keeps a separate inventory pool for each major category in the applicable government price index, and (B) adjusts each pool based on how much that index category changed from the year before. (2) Applicable Government price index -- This means (A) the Producer Price Index from the Bureau of Labor Statistics, unless (B) says otherwise, or (B) for a retailer using the retail method, the Consumer Price Index instead. (3) Major category -- This means (A) for the Producer Price Index, any 2-digit standard industrial classification in the Producer Prices Data Report, or (B) for the Consumer Price Index, any general expenditure category in the Consumer Price Index Detailed Report. (c) Eligible small business -- A taxpayer qualifies for any tax year if its average annual gross receipts over the previous three years don't exceed $5,000,000. Rules like those in section 448(c)(3) apply when figuring this out. (d) Special rules -- (1) Controlled groups -- (A) In general -- If a taxpayer belongs to a controlled group, every member of that group counts as one taxpayer when figuring gross receipts. (B) Controlled group defined -- A group counts as "controlled" if its members would be treated as a single employer under section 52. (2) Election -- (A) In general -- A taxpayer can elect this method without asking the Secretary's permission. (B) Period to which election applies -- The election applies (i) to the year it's made, and (ii) to every later year the taxpayer still qualifies as an eligible small business, unless the Secretary approves revoking it. (3) LIFO method -- This means the method described in section 472(b). (4) Transitional rules -- (A) In general -- In the year a business switches methods: (i) its inventory pools must (I) if it's the first year using this method, follow the price index's major categories, or (II) if it's the first year after stopping this method, follow the normal rules under section 472; (ii) the total dollar value of inventory at the start of the switch year must match the value at the end of the year before; and (iii) the switch year counts as a new "base year," following the usual section 472 procedures. (B) Year of change -- This means (i) the first year the election applies, or (ii) if the election stops, the first year after it stops.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

An eligible small business may elect to use the simplified dollar-value method of pricing inventories for purposes of the LIFO method.

(b) Simplified dollar-value method of pricing inventories

For purposes of this section—

(1) In general

The simplified dollar-value method of pricing inventories is a dollar-value method of pricing inventories under which—

(A)

the taxpayer maintains a separate inventory pool for items in each major category in the applicable Government price index, and

(B)

the adjustment for each such separate pool is based on the change from the preceding taxable year in the component of such index for the major category.

(2) Applicable Government price index

The term “applicable Government price index” means—

(A)

except as provided in subparagraph (B), the Producer Price Index published by the Bureau of Labor Statistics, or

(B)

in the case of a retailer using the retail method, the Consumer Price Index published by the Bureau of Labor Statistics.

(3) Major category

The term “major category” means—

(A)

in the case of the Producer Price Index, any of the 2-digit standard industrial classifications in the Producer Prices Data Report, or

(B)

in the case of the Consumer Price Index, any of the general expenditure categories in the Consumer Price Index Detailed Report.

(c) Eligible small business

For purposes of this section, a taxpayer is an eligible small business for any taxable year if the average annual gross receipts of the taxpayer for the 3 preceding taxable years do not exceed $5,000,000. For purposes of the preceding sentence, rules similar to the rules of section 448(c)(3) shall apply.

(d) Special rules

For purposes of this section—

(1) Controlled groups
(A) In general

In the case of a taxpayer which is a member of a controlled group, all persons which are component members of such group shall be treated as 1 taxpayer for purposes of determining the gross receipts of the taxpayer.

(B) Controlled group defined

For purposes of subparagraph (A), persons shall be treated as being component members of a controlled group if such persons would be treated as a single employer under section 52.

(2) Election
(A) In general

The election under this section may be made without the consent of the Secretary.

(B) Period to which election applies

The election under this section shall apply—

(i)

to the taxable year for which it is made, and

(ii)

to all subsequent taxable years for which the taxpayer is an eligible small business,

unless the taxpayer secures the consent of the Secretary to the revocation of such election.

(3) LIFO method

The term “LIFO method” means the method provided by section 472(b).

(4) Transitional rules
(A) In general

In the case of a year of change under this section—

(i)

the inventory pools shall—

(I)

in the case of the 1st taxable year to which such an election applies, be established in accordance with the major categories in the applicable Government price index, or

(II)

in the case of the 1st taxable year after such election ceases to apply, be established in the manner provided by regulations under section 472;

(ii)

the aggregate dollar amount of the taxpayer’s inventory as of the beginning of the year of change shall be the same as the aggregate dollar value as of the close of the taxable year preceding the year of change, and

(iii)

the year of change shall be treated as a new base year in accordance with procedures provided by regulations under section 472.

(B) Year of change

For purposes of this paragraph, the year of change under this section is—

(i)

the 1st taxable year to which an election under this section applies, or

(ii)

in the case of a cessation of such an election, the 1st taxable year after such election ceases to apply.

Source credit: (Added Pub. L. 97–34, title II, § 237(a), Aug. 13, 1981, 95 Stat. 252; amended Pub. L. 99–514, title VIII, § 802(a), Oct. 22, 1986, 100 Stat. 2348.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 97-34 · 95 Stat. 252
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2348

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-34 on 1981-08-13.

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