Launching a business almost always costs money before it earns a dime — market research, legal fees, a logo, the lease you signed two months before you opened the doors. The natural assumption is that you simply deduct all of it the year you spend it. Tax law says otherwise. Startup costs follow their own set of rules under Internal Revenue Code Section 195, and knowing them is the difference between writing costs off on schedule and leaving deductions stranded for years.
This is general information, not individual tax advice — the right treatment depends on your specific situation.
Why Startup Costs Are Treated Differently
The costs you incur before your business is actually up and running are not ordinary operating expenses — from the tax code's point of view, there is no active trade or business yet to deduct them against. Section 195 is the provision that lets you recover those pre-opening costs anyway, but on its own terms: a limited first-year deduction, with the rest spread out over time rather than written off all at once.
The $5,000 First-Year Deduction
If you elect to apply Section 195, you can deduct up to $5,000 of startup costs in the tax year your business begins active operations. This is an immediate write-off against your first year's income, which is why the timing of when you "open" genuinely matters. The election is generally made simply by claiming the deduction on a timely filed return for that first year.
The $50,000 Phase-Out
That $5,000 is not guaranteed — it shrinks once your total startup costs climb. For every dollar of startup costs above $50,000, the first-year deduction is reduced dollar for dollar. So if you spent $52,000 getting started, your immediate deduction drops to $3,000. At $55,000 of startup costs the $5,000 deduction is gone entirely, and the full amount must be recovered through amortization instead.
Amortizing the Rest Over 15 Years
Whatever startup costs you cannot deduct in year one — because they exceed $5,000, or because the phase-out wiped out the first-year amount — are amortized ratably over 180 months (15 years), beginning with the month your business starts active operations. It is a slow recovery, but it is a recovery: those dollars are not lost, just stretched out. For a business with modest startup costs under $5,000, the whole question is moot — you deduct it all in year one.
Organizational Costs Work the Same Way
Startup costs are not the only pre-opening expense with special rules. The costs of actually forming the entity — incorporating a corporation under Section 248, or organizing a partnership under Section 709 — follow a parallel structure: up to $5,000 deductible in the first year, subject to the same $50,000 phase-out, with the remainder amortized over 180 months. The two categories are tracked separately, so a new corporation can potentially claim a first-year deduction under both Section 195 and Section 248.
What Counts — and What Doesn't
Startup costs are the ordinary expenses you would normally deduct if the business were already running: investigating the opportunity, market and product analysis, pre-opening employee training, travel to line up suppliers or customers, and professional advice. What does not qualify as a Section 195 startup cost includes deductible interest and taxes, and the cost of buying business assets or equipment — those are capitalized and depreciated under their own rules. Organizational and syndication costs are also handled separately. Drawing these lines correctly up front is what makes the deductions clean later.
How VarStan Helps
New owners routinely either miss the startup-cost deduction entirely or lump everything together and get the treatment wrong. We help you capture pre-opening costs as you incur them, sort true startup costs from capital purchases and organizational fees, make the Section 195 election correctly, and set up the amortization so the remaining deductions flow through year after year without anyone having to remember. As a CPA-led firm, we would rather set this up right in your first year than untangle it in year three. If you are getting a business off the ground, a short conversation now can save real money at filing time.
Related reading: The Home Office Deduction: Who Qualifies and How to Claim It and The One Big Beautiful Bill Act: 4 Tax Wins for Small Businesses in 2025.