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26 U.S.C. section 263A, Capitalization and inclusion in inventory costs of certain expenses. IRC 263A contains the uniform capitalization rules (UNICAP) which require taxpayers to include some production expenses in the costs of goods sold (COGS) for their inventory, rather than immediately deduct them.
The Section 263A UNICAP rules require businesses to capitalize the direct and indirect costs associated with producing, acquiring, and maintaining their inventory. In general, Section 263A applies to real or personal property produced by a taxpayer and real or personal assets acquired by a taxpayer for resale.
The UNICAP rules apply to those who, in the course of their trade or business, produce real property for use in the business or activity; produce real property for sale to customers; or acquire property for resale. (Produce means to construct, build, develop or improve property.)
Section 263A generally requires taxpayers that are producing real or tangible personal property to capitalize direct material costs, direct labor costs, and indirect costs that are properly allocable to the produced property.
1.263(a)4 Amounts paid to acquire or create intangibles. (a) Overview. This section provides rules for applying section 263(a) to amounts paid to acquire or create in- tangibles.

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As previously discussed, The TCJA amended IRC Section 263A to add a new general exception for small businesses (excluding tax shelters) meeting the gross-receipts test under IRC Section 448(c), which exempts those taxpayers from applying the rules of IRC Section 263A to inventory and self-constructed assets (including
263A uniform capitalization (UNICAP) requirements. The specific focus is how real estate owners that develop, hold, and rent their own property can benefit from this exception if they qualify as small businesses, meaning their average gross receipts fall under a certain threshold ($29 million for 2023).
Under IRC 263A, taxpayers must capitalize their direct costs and an allocable share of their indirect costs to property they produce. To determine these capitalizable costs, taxpayers must allocate or apportion costs to various activities, including production activities.

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