When an internet domain name is acquired from the secondary market (where it is already constructed and where the taxpayer will maintain it) for use in the taxpayer's trade or business, the IRS has stated that the cost of the acquisition is to be amortized over 15 years for non-generic domain names - those specific to a company, and generic domain named - those not tied to a specific company. The costs are to be capitalized under Treas. Reg. Sec. 1.263(a)-4. Non-generic domain names are amortizable intangibles under Treas. Reg. Sec. 1.197-2(b)(10) or 1.197-2(b)(6). Generic domain names are amortizable intangibles under Treas Reg. Sec. 1.197-2(b)(6). The IRS did not provide guidance on the result if the domain name was purchased from someone not currently using the domain name. That would also seem to be amortizable over 15 years via the safe harbor of Treas. Reg. Sec. 1.167(a)-3(b). C.C.A. 201543014 (Sept. 10, 2015).
The Cost of Acquiring An Internet Domain Name Is To Be Amortized Over 15 Years.
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