What is the De Minimus Safe Harbor?

by Creating Change Mag
de minimus safe harbor


The minimis safe harbor election allows small businesses to deduct expenses that might otherwise need to be capitalized. Think of the amounts paid for things like computers. Under the safe harbor election, you might be able to deduct the entire amount in a single year.

With an applicable financial statement (AFS) a tax return can deduct amounts paid for tangible property up to $5,000. Without this applicable financial statements cover, the de minimis safe harbor deduction amount is $2,500. The safe harbor threshold was only $500 before 2016. There can be some overlap between federal and state government reporting requirements. The specified dollar amount also varies from country to country. Here’s some info on avoiding paying duties when you stay inside the de minimis safe harbor value.



What is the IRS de minimis rule?

The safe harbor election lets you deduct amounts on a return in the same taxable year as the expense. And the full amounts paid on depreciable property used for your business. Tangible property under $2,500 dollars is included.

Benefits of a de Minimis Safe Harbor Election

There are some excellent benefits to the minimis safe harbor election. Use it on an applicable financial statement for tangible property. That’s usually an invoice. Deduct amounts paid as business expenses as per the de minimis threshold per invoice, or per item on such amounts if there are several on one invoice.

Enjoy these benefits in any tax year.

  • The de minimis safe harbor makes paperwork for small businesses easier. Financial statements don’t need to juggle expenses over several years. A written accounting policy that includes measurement systems and methods helps.
  • The minimis safe harbor election allows for bigger deductions in the current year.
  • Accounting procedures are also simplified. The bookkeeping rules and financial statements required are not spread out over a long time frame.
  • You won’t need to allocate as much time to the written accounting procedures that track and compute depreciation. But you still need to supply timely filed original federal tax returns. And these need to include depreciable property costing numbers.

What costs are deductible under the de minimis safe harbor?

It’s important to know what is properly deductible and what isn’t to define items for non-tax purposes. It’s best to have an independent certified public accountant look after these small-dollar expenditure deductions. However, the IRS notes that you can deduct materials and supplies. Still, you need to apply the other rules for deductible repairs that exceed the threshold. In other words, if the costs don’t apply you can apply other rules for deductions.

When can a taxpayer elect to apply a de minimis safe harbor?

Understanding when you can apply a de minimis safe harbor for any taxable years is important. Here’s how an annual election for this break works for a taxpayer.

It’s important to remember the election allows people like landlords and property owners to deduct the cost of property items. They don’t need to be used for capital improvement or repair. You can use the harbor for amounts you pay to buy or even produce tangible property.

A few important aspects of these tangible property regulations are listed below. Keep in mind the IRS tweaked the final tangible property regulations. Some of the classifications you’ll need to look at take into account the use of a building.

Written Accounting Procedures

To take advantage of the deductions they can get on any unit of property, a taxpayer needs to have written accounting procedures ready to go. An independent certified public accountant can help to put together a written accounting policy.

Applicable Financial Statement

A timely filed original federal tax return should include these. They need to be prepared under the generally accepted accounting principles( GAAP) or IFRS accounting standards. Remember everything needs to be included in the certified audited financial statement the taxpayer elects to file.

Amounts Paid for Tangible Property Less than $5,000

All of the deductions need to meet the criteria and definition of a capitalizable expense. That said, small businesses and taxpayers can claim $2,500 or $5,000 with the proper financial statements. There are deductions available for things like standby emergency spare parts and temporary spare parts. But these need to be capitalized.

Anything with an economic useful life goes in under the threshold. You can place allocable indirect costs like utilities and space rental under the threshold.

How to Use a de Minimis Safe Harbor Election

Understanding how to get the most from de minimis safe harbor is about more than just what applicable financial statement you need to fill out in any tax year. Here are a few things that need to go on your tax return.

  1. First off, taxpayer accounts need to be filed on time. The statement titled Section 1.263(a)-1(f) de minimis safe harbor election needs to be paper filed. These small-dollar expenditures need to be made for each member on a consolidated tax return.
  2. Add the applicable financial statement. Don’t forget other important information like a taxpayer identification number. Plus your name and address for the tax year.

You need the right IRS address to mail in your de minimis safe harbor election financial statement. If you’re filing a federal or state government return, you need to print that state mailing address on the envelope. Here’s a link to some state addresses.

What qualifies as applicable financial statements?

Under property regulations, a financial statement needs to be filed with the SEC. There are several other certified audited financial statement variations needed. The CPA report is another type of financial statement required.

Another type of financial statement required is one for a loan, and one for other non-tax purposes.

No applicable financial statements (AFS)? You don’t need to have a written accounting policy or procedures for any tax years you a filing for. However, you can deduct certain expenditures using the same accounting method you use for deducting other amounts. The same ones you use for deducting amounts over $2,500.

What is the maximum de minimis safe harbor amount?

It’s possible to expense some assets up to $2,500. With the proper applicable financial statement (AFS) the total goes up to $5,000.

Is de minimis safe harbor per item?

These deductions and the threshold applies to each invoice. It also works per item if there are several items on an individual invoice.

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