Treatment of organization and syndication fees

# (a) General rule

Except as provided in subsection (b), no deduction shall be allowed under this chapter to the partnership or to any partner for any amounts paid or incurred to organize a partnership or to promote the sale of (or to sell) an interest in such partnership.

# (b) Deduction of organization fees

(1) Allowance of deduction If a partnership elects the application of this subsection (in accordance with regulations prescribed by the Secretary) with respect to any organizational expenses— (A) the partnership shall be allowed a deduction for the taxable year in which the partnership begins business in an amount equal to the lesser of— (i) the amount of organizational expenses with respect to the partnership, or (ii) $5,000, reduced (but not below zero) by the amount by which such organizational expenses exceed $50,000, and (B) the remainder of such organizational expenses shall be allowed as a deduction ratably over the 180-month period beginning with the month in which the partnership begins business.

(2) Dispositions before close of amortization period In any case in which a partnership is liquidated before the end of the period to which paragraph (1)(B) applies, any deferred expenses attributable to the partnership which were not allowed as a deduction by reason of this section may be deducted to the extent allowable under section 165.

(3) Organizational expenses defined The organizational expenses to which paragraph (1) applies, are expenditures which— (A) are incident to the creation of the partnership; (B) are chargeable to capital account; and (C) are of a character which, if expended incident to the creation of a partnership having an ascertainable life, would be amortized over such life.