- 13 - proposed INDOPCO12 regulations), which contain the 12-month rule described above, and make it generally applicable to “amounts paid to create or enhance an intangible asset”. Sec. 1.263(a)- 4(f)(1), Proposed Income Tax Regs., 67 Fed. Reg. 77719 (Dec. 19, 2002). The proposed regulations also permit a deduction in the year incurred for all “compensation paid to employees (including bonuses and commissions paid to employees)”. Sec. 1.263(a)- 4(e)(3)(i), Proposed Income Tax Regs., 67 Fed. Reg. 77717 (Dec. 19, 2002). The final regulations under section 263(a) (the final or final INDOPCO regulations), published in the Federal Register on January 5, 2004, include both rules. Sec. 1.263(a)-4(e)(4)(i) and (ii), Income Tax Regs. (“employee compensation * * * including salary, bonuses and commissions” treated as deductible), and sec. 1.263(a)-4(f)(l), Income Tax Regs. (12- month rule, applicable to “amounts paid to create (or to facilitate the creation of)” an intangible). Pursuant to section 1.263(a)-4(o), Income Tax Regs., the final regulations apply to “amounts paid or incurred on or after December 31, 2003", which is in accord with the statement in the proposed regulations that, as proposed, section 1.263(a)-4 would apply to “amounts paid or 12 So named for the U.S. Supreme Court decision that was the genesis of the regulations project that ultimately resulted in the final regulations. See INDOPCO, Inc. v. Commissioner, 503 U.S. 79 (1992).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011