rp-05-17.pdf

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# Part III

Administrative, Procedural, and Miscellaneous

26 CFR 601.204: Changes in accounting periods and in methods of accounting.
(Also Part 1, §§ 162, 263, 446, 461, 481; 1.167(a)-3(b), 1.263(a)-4, 1.263(a)-5, 1.446-1,
1.461-4, 1.461-5, 1.481-1)

Rev. Proc. 2005-17

# SECTION 1. PURPOSE

This revenue procedure modifies Rev. Proc. 2005-9, 2005-2 I.R.B. 303, which
provides procedures under which certain taxpayers may obtain automatic consent to
change to a method of accounting provided in §§ 1.263(a)-4, 1.263(a)-5, and 1.167(a)-
3(b) of the Income Tax Regulations (the "final regulations") for the taxpayer's second
taxable year ending on or after December 31, 2003. The modifications provided by this
revenue procedure provide a waiver of the 5-year prior change scope limitation
contained in section 4.02(6) of Rev. Proc. 2002-9, 2002-1 C.B. 327, as modified and
clarified by Announcement 2002-17, 2002-1 C.B. 561, modified and amplified by Rev.
Proc. 2002-19, 2002-1 C.B. 696, and amplified, clarified, and modified by Rev. Proc.
2002-54, 2002-2 C.B. 432.

# SECTION 2. BACKGROUND

.01 On January 5, 2004, the Service and Treasury Department published final
regulations in the Federal Register (TD 9107; 69 FR 436) relating to the capitalization of
intangible assets under § 263(a) of the Internal Revenue Code. Section 1.263(a)-4
prescribes the extent to which taxpayers must capitalize amounts paid or incurred to
acquire or create (or to facilitate the acquisition or creation of) intangibles. Section
1.263(a)-5 prescribes the extent to which taxpayers must capitalize amounts paid or

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incurred to facilitate an acquisition of a trade or business, a change in the capital
structure of a business entity, and certain other transactions. Section 1.167(a)-3(b)
provides a safe harbor useful life for certain intangible assets. The final regulations
under §§ 1.263(a)-4 and 1.263(a)-5 are effective for amounts paid or incurred on or
after December 31, 2003. The final regulations under § 1.167(a)-3(b) are effective for
intangible assets created on or after December 31, 2003.

.02 Sections 1.263(a)-4(p) and 1.263(a)-5(n) provide that a taxpayer seeking to
change to a method of accounting provided in the final regulations must secure the
consent of the Commissioner in accordance with the requirements of § 1.446-1(e). In
addition, §§ 1.263(a)-4(p) and 1.263(a)-5(n) provide that, for the taxpayer's first taxable
year ending on or after December 31, 2003, the taxpayer is granted the consent of the
Commissioner to change to a method of accounting provided in the final regulations,
provided the taxpayer follows the administrative procedures issued under § 1.446-
1(e)(3)(ii) for obtaining the Commissioner's automatic consent to a change in
accounting method (for further guidance, for example, see Rev. Proc. 2002-9).

.03 Rev. Proc. 2004-23, 2004-16 I.R.B. 785, provides the exclusive
administrative procedures under which a taxpayer may obtain automatic consent for the
taxpayer's first taxable year ending on or after December 31, 2003, to change to a
method of accounting provided in the final regulations.

.04 Rev. Proc. 2005-9 provides procedures similar to those contained in Rev.
Proc. 2004-23 under which a taxpayer may obtain automatic consent for the taxpayer's
second taxable year ending on or after December 31, 2003. Unlike Rev. Proc. 2004-23,
Rev. Proc. 2005-9 does not waive the scope limitations contained in Rev. Proc. 2002-9,

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including the 5-year prior change scope limitation contained in section 4.02(6) of Rev.
Proc. 2002-9.

.05 Section 4.02(6) of Rev. Proc. 2002-9 provides, in part, that the automatic
consent procedures of Rev. Proc. 2002-9 do not apply if the taxpayer, within the last five
years (including the year of change), (a) has made a change in the same method of
accounting (with or without obtaining the Commissioner's consent), or (b) has applied to
change the same method of accounting without effecting the change (whether, for
example, the application to change was withdrawn, not perfected, not granted, or
denied).

.06 Because Rev. Proc. 2005-9 does not waive the scope limitations contained in
Rev. Proc. 2002-9, some taxpayers are ineligible to obtain automatic consent to make a
change under Rev. Proc. 2005-9 for the second taxable year ending on or after
December 31, 2003, because, for example, the taxpayer withdrew a previous
application to change within the preceding 5 years or because the taxpayer's previous
application was denied.

SECTION 3. CHANGES TO REV. PROC. 2005-9

.01 Section 3.02 of Rev. Proc. 2005-9 is modified to read as follows:

".02 Rev. Proc. 2004-23 waives the scope limitations in section 4.02 of Rev.
Proc. 2002-9. However, this revenue procedure waives only the 5-year prior change
scope limitation contained in section 4.02(6) of Rev. Proc. 2002-9. See section 5.04 of
this revenue procedure."

.02 Section 3.03 of Rev. Proc. 2005-9 is modified to read as follows:

".03 Rev. Proc. 2004-23 does not require taxpayers to complete many of the

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lines in Part II of Form 3115. Because this revenue procedure does not waive all of the
scope limitations of Rev. Proc. 2002-9, this revenue procedure requires taxpayers to
complete more of the lines in Part II of Form 3115. See section 5.02(2)(d) of this
revenue procedure."

.03 Section 5.04 of Rev. Proc. 2005-9 is modified to read as follows:

“.04 Prior Change.

For purposes of this revenue procedure, the 5-year prior change scope limitation
contained in section 4.02(6) of Rev. Proc. 2002-9 does not apply. Therefore, for
example, a taxpayer that, within the last five years (including the year of change),
applied for a change in method of accounting and withdrew its request or had its
request denied is not prohibited from obtaining automatic consent for the change under
this revenue procedure, provided all other requirements of this revenue procedure are
met."

## SECTION 4. EFFECT ON OTHER DOCUMENTS

Rev. Proc. 2005-9 is modified.

## SECTION 5. EFFECTIVE DATE

This revenue procedure is effective for a taxpayer's second taxable year ending
on or after December 31, 2003.

## SECTION 6. CONTACT INFORMATION

For further information regarding this revenue procedure call Grace Matuszeski
of the Associate Chief Counsel (Income Tax and Accounting) at (202) 622-7900 (not a
toll free call).