Pub. L. 107-147, tit. IV, subtit. A, sec. 403

LIMITATION ON USE OF NONACCRUAL EXPERIENCE METHOD OF ACCOUNTING.

EnactedYear: 2002Length: 398 wordsOfficial source
SEC. 403. LIMITATION ON USE OF NONACCRUAL EXPERIENCE METHOD OF ACCOUNTING. (a) In General.—Paragraph (5) of section 448(d) is amended to read as follows: “(5) Special rule for certain services.— “(A) In general.—In the case of any person using an accrual method of accounting with respect to amounts to be received for the performance of services by such person, such person shall not be required to accrue any portion of such amounts which (on the basis of such person's experience) will not be collected if—116 STAT. 41 “(i) such services are in fields referred to in paragraph (2)(A), or “(ii) such person meets the gross receipts test of subsection (c) for all prior taxable years. “(B) Exception.—This paragraph shall not apply to any amount if interest is required to be paid on such amount or there is any penalty for failure to timely pay such amount. “(C) Regulations.—The Secretary shall prescribe regulations to permit taxpayers to determine amounts referred to in subparagraph (A) using computations or formulas which, based on experience, accurately reflect the amount of income that will not be collected by such person. A taxpayer may adopt, or request consent of the Secretary to change to, a computation or formula that clearly reflects the taxpayer's experience. A request under the preceding sentence shall be approved if such computation or formula clearly reflects the taxpayer's experience.”. (b) Effective Date.— (1) In general.—The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Change in method of accounting.—In the case of any taxpayer required by the amendments made by this section to change its method of accounting for its first taxable year ending after the date of the enactment of this Act— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period of 4 years (or if less, the number of taxable years that the taxpayer used the method permitted under section 448(d)(5) of such Code as in effect before the date of the enactment of this Act) beginning with such first taxable year.
Pub. L. 107-147, tit. IV, subtit. A, sec. 403: LIMITATION ON USE OF NONACCRUAL EXPERIENCE METHOD OF ACCOUNTING. | Justis AI