[Code of Federal Regulations]
[Title 26, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.168(i)-1]

[Page 1044-1050]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.168(i)-1  General asset accounts.

    (a) Scope. This section provides rules for general asset accounts 
under section 168(i)(4). The provisions of this section apply only to 
assets for which an election has been made under paragraph (k) of this 
section.
    (b) Definitions. For purposes of this section, the following 
definitions apply:
    (1) Unadjusted depreciable basis is the basis of an asset for 
purposes of section 1011 without regard to any adjustments described in 
sections 1016(a)(2) and (3).
    (2) Unadjusted depreciable basis of the general asset account is the 
sum of the unadjusted depreciable bases of all assets included in the 
general asset account.
    (3) Adjusted depreciable basis of the general asset account is the 
unadjusted depreciable basis of the general asset account less the 
adjustments to basis described in sections 1016(a)(2) and (3).
    (4) Expensed cost is the amount of any allowable credit or deduction 
treated as a deduction allowable for depreciation or amortization for 
purposes of section 1245 (for example, a credit allowable under section 
30 or a deduction allowable under section 179, 179A, or 190).
    (c) Establishment of general asset accounts--(1) Assets eligible for 
general asset accounts--(i) General rules. Assets that are subject to 
either the general depreciation system of section 168(a) or the 
alternative depreciation system of section 168(g) may be accounted for 
in one or more general asset accounts. An asset may be included in a 
general asset account only to the extent of the asset's unadjusted 
depreciable basis (for example, if, in 1995, a taxpayer

[[Page 1045]]

places in service an asset that costs $20,000 and elects under section 
179 to expense $17,500 of that asset's cost, the unadjusted depreciable 
basis of the asset is $2,500 and, therefore, only $2,500 of the asset's 
cost may be included in a general asset account). However, an asset is 
not to be included in a general asset account if the asset is used both 
in a trade or business (or for the production of income) and in a 
personal activity at any time during the taxable year in which the asset 
is first placed in service by the taxpayer.
    (ii) Special rules for assets generating foreign source income--(A) 
Assets that generate foreign source income, both United States and 
foreign source income, or combined gross income of a FSC (as defined in 
section 922), DISC (as defined in section 992(a)), or possessions 
corporation (as defined in section 936) and its related supplier, may be 
included in a general asset account if the requirements of paragraph 
(c)(2)(i) of this section are satisfied. If, however, the inclusion of 
these assets in a general asset account results in a substantial 
distortion of income, the Commissioner may disregard the general asset 
account election and make any reallocations of income or expense 
necessary to clearly reflect income.
    (B) A general asset account shall be treated as a single asset for 
purposes of applying the rules in Sec. 1.861- 9T(g)(3) (relating to 
allocation and apportionment of interest expense under the asset 
method). A general asset account that generates income in more than one 
grouping of income (statutory and residual) is a multiple category asset 
(as defined in Sec. 1.861-9T(g)(3)(ii)), and the income yield from the 
general asset account must be determined by applying the rules for 
multiple category assets as if the general asset account were a single 
asset.
    (2) Grouping assets in general asset accounts--(i) General rules. If 
a taxpayer makes the election under paragraph (k) of this section, 
assets that are subject to the election are grouped into one or more 
general asset accounts. Assets that are eligible to be grouped into a 
single general asset account may be divided into more than one general 
asset account. Each general asset account must include only assets 
that--
    (A) Have the same asset class (for further guidance, see Rev. Proc. 
87-56, 1987-2 C.B. 674, and Sec. 601.601(d)(2)(ii)(b) of this chapter);
    (B) Have the same applicable depreciation method;
    (C) Have the same applicable recovery period;
    (D) Have the same applicable convention; and
    (E) Are placed in service by the taxpayer in the same taxable year.
    (ii) Special rules. In addition to the general rules in paragraph 
(c)(2)(i) of this section, the following rules apply when establishing 
general asset accounts--
    (A) Assets without an asset class, but with the same characteristics 
described in paragraphs (c)(2)(i)(B), (C), (D), and (E) of this section, 
may be grouped into a general asset account;
    (B) Assets subject to the mid-quarter convention may only be grouped 
into a general asset account with assets that are placed in service in 
the same quarter of the taxable year;
    (C) Assets subject to the mid-month convention may only be grouped 
into a general asset account with assets that are placed in service in 
the same month of the taxable year; and
    (D) Passenger automobiles for which the depreciation allowance is 
limited under section 280F(a) must be grouped into a separate general 
asset account.
    (E) [Reserved]. For further guidance, see Sec. 1.168(i)-
1T(c)(2)(ii)(E).
    (d) Determination of depreciation allowance--(1) In general. 
Depreciation allowances are determined for each general asset account by 
using the applicable depreciation method, recovery period, and 
convention for the assets in the account. The depreciation allowances 
are recorded in a depreciation reserve account for each general asset 
account. The allowance for depreciation under this section constitutes 
the amount of depreciation allowable under section 167(a).
    (2) [Reserved]. For further guidance, see Sec. 1.168(i)-1T(d)(2).
    (e) Disposition of an asset from a general asset account--(1) Scope. 
This paragraph (e) provides rules applicable to dispositions of assets 
included in a general asset account. For purposes of this paragraph (e), 
an asset in a general

[[Page 1046]]

asset account is disposed of when ownership of the asset is transferred 
or when the asset is permanently withdrawn from use either in the 
taxpayer's trade or business or in the production of income. A 
disposition includes the sale, exchange, retirement, physical 
abandonment, or destruction of an asset. A disposition also occurs when 
an asset is transferred to a supplies, scrap, or similar account. A 
disposition does not include, however, the retirement of a structural 
component of real property.
    (2) General rules for a disposition--(i) No immediate recovery of 
basis. Immediately before a disposition of any asset in a general asset 
account, the asset is treated as having an adjusted basis of zero for 
purposes of section 1011. Therefore, no loss is realized upon the 
disposition of an asset from the general asset account. Similarly, where 
an asset is disposed of by transfer to a supplies, scrap, or similar 
account, the basis of the asset in the supplies, scrap, or similar 
account will be zero.
    (ii) Treatment of amount realized. Any amount realized on a 
disposition is recognized as ordinary income (notwithstanding any other 
provision of subtitle A of the Internal Revenue Code (Code)) to the 
extent the sum of the unadjusted depreciable basis of the general asset 
account and any expensed cost (as defined in paragraph (b)(4) of this 
section) for assets in the account exceeds any amounts previously 
recognized as ordinary income upon the disposition of other assets in 
the account. The recognition and character of any excess amount realized 
are determined under other applicable provisions of the Code (other than 
sections 1245 and 1250 or provisions of the Code that treat gain on a 
disposition as subject to section 1245 or 1250).
    (iii) Effect of disposition on a general asset account. The 
unadjusted depreciable basis and the depreciation reserve of the general 
asset account are not affected as a result of a disposition of an asset 
from the general asset account.
    (iv) Coordination with nonrecognition provisions. For purposes of 
determining the basis of an asset acquired in a transaction described in 
paragraph (e)(3)(iii)(B)(4) of this section (relating to certain 
nonrecognition provisions), the amount of ordinary income recognized 
under this paragraph (e)(2) is treated as the amount of gain recognized 
on the disposition.
    (v) Examples. The following examples illustrate the application of 
this paragraph (e)(2).

    Example 1. (i) R, a calendar-year corporation, maintains one general 
asset account for ten machines. The machines cost a total of $10,000 and 
were placed in service in June 1995. Of the ten machines, one machine 
costs $8,200 and nine machines cost a total of $1,800. Assume this 
general asset account has a depreciation method of 200 percent declining 
balance, a recovery period of 5 years, and a half-year convention. R 
does not make a section 179 election for any of the machines. As of 
January 1, 1996, the depreciation reserve of the account is $2,000 
[(($10,000-$0) x 40%)/2].
    (ii) On February 8, 1996, R sells the machine that cost $8,200 to an 
unrelated party for $9,000. Under paragraph (e)(2)(i) of this section, 
this machine has an adjusted basis of zero.
    (iii) On its 1996 tax return, R recognizes the amount realized of 
$9,000 as ordinary income because such amount does not exceed the 
unadjusted depreciable basis of the general asset account ($10,000), 
plus any expensed cost for assets in the account ($0), less amounts 
previously recognized as ordinary income ($0). Moreover, the unadjusted 
depreciable basis and depreciation reserve of the account are not 
affected by the disposition of the machine. Thus, the depreciation 
allowance for the account in 1996 is $3,200 (($10,000-$2,000)x40%).
    Example 2. (i) The facts are the same as in Example 1. In addition, 
on June 4, 1997, R sells seven machines to an unrelated party for a 
total of $1,100. In accordance with paragraph (e)(2)(i) of this section, 
these machines have an adjusted basis of zero.
    (ii) On its 1997 tax return, R recognizes $1,000 as ordinary income 
(the unadjusted depreciable basis of $10,000, plus the expensed cost of 
$0, less the amount of $9,000 previously recognized as ordinary income). 
The recognition and character of the excess amount realized of $100 
($1,100-$1,000) are determined under applicable provisions of the Code 
other than section 1245 (such as section 1231). Moreover, the unadjusted 
depreciable basis and depreciation reserve of the account are not 
affected by the disposition of the machines. Thus, the depreciation 
allowance for the account in 1997 is $1,920 (($10,000-$5,200)x40%).

    (3) Special rules. (i) [Reserved]. For further guidance, see Sec. 
1.168(i)-1T(e)(3)(i).

[[Page 1047]]

    (ii) Disposition of all assets remaining in a general asset 
account--(A) Optional termination of a general asset account. Upon the 
disposition of all of the assets, or the last asset, in a general asset 
account, a taxpayer may apply this paragraph (e)(3)(ii) to recover the 
adjusted depreciable basis of the general asset account (rather than 
having paragraph (e)(2) of this section apply). Under this paragraph 
(e)(3)(ii), the general asset account terminates and the amount of gain 
or loss for the general asset account is determined under section 
1001(a) by taking into account the adjusted depreciable basis of the 
general asset account at the time of the disposition. The recognition 
and character of the gain or loss are determined under other applicable 
provisions of the Code, except that the amount of gain subject to 
section 1245 (or section 1250) is limited to the excess of the 
depreciation allowed or allowable for the general asset account, 
including any expensed cost (or the excess of the additional 
depreciation allowed or allowable for the general asset account), over 
any amounts previously recognized as ordinary income under paragraph 
(e)(2) of this section.
    (B) Example. The following example illustrates the application of 
this paragraph (e)(3)(ii).

    Example. (i) T, a calendar-year corporation, maintains a general 
asset account for 1,000 calculators. The calculators cost a total of 
$60,000 and were placed in service in 1995. Assume this general asset 
account has a depreciation method of 200 percent declining balance, a 
recovery period of 5 years, and a half-year convention. T does not make 
a section 179 election for any of the calculators. In 1996, T sells 200 
of the calculators to an unrelated party for a total of $10,000 and 
recognizes the $10,000 as ordinary income in accordance with paragraph 
(e)(2) of this section.
    (ii) On March 26, 1997, T sells the remaining calculators in the 
general asset account to an unrelated party for $35,000. T chooses to 
apply paragraph (e)(3)(ii) of this section. As a result, the account 
terminates and gain or loss is determined for the account.
    (iii) On the date of disposition, the adjusted depreciable basis of 
the account is $23,040 (unadjusted depreciable basis of $60,000 less the 
depreciation allowed or allowable of $36,960). Thus, in 1997, T 
recognizes gain of $11,960 (amount realized of $35,000 less the adjusted 
depreciable basis of $23,040). The gain of $11,960 is subject to section 
1245 to the extent of the depreciation allowed or allowable for the 
account (plus the expensed cost for assets in the account) less the 
amounts previously recognized as ordinary income ($36,960 + $0 - $10,000 
= $26,960). As a result, the entire gain of $11,960 is subject to 
section 1245.

    (iii) Disposition of an asset in a qualifying disposition--(A) 
Optional determination of the amount of gain, loss, or other deduction. 
In the case of a qualifying disposition of an asset (described in 
paragraph (e)(3)(iii)(B) of this section), a taxpayer may apply this 
paragraph (e)(3)(iii) (rather than having paragraph (e)(2) of this 
section apply). Under this paragraph (e)(3)(iii), general asset account 
treatment for the asset terminates as of the first day of the taxable 
year in which the qualifying disposition occurs, and the amount of gain, 
loss, or other deduction for the asset is determined by taking into 
account the asset's adjusted basis. The adjusted basis of the asset at 
the time of the disposition equals the unadjusted depreciable basis of 
the asset less the depreciation allowed or allowable for the asset, 
computed by using the depreciation method, recovery period, and 
convention applicable to the general asset account in which the asset 
was included. The recognition and character of the gain, loss, or other 
deduction are determined under other applicable provisions of the Code, 
except that the amount of gain subject to section 1245 (or section 1250) 
is limited to the lesser of--
    (1) The depreciation allowed or allowable for the asset, including 
any expensed cost (or the additional depreciation allowed or allowable 
for the asset); or
    (2) The excess of--
    (i) The original unadjusted depreciable basis of the general asset 
account plus, in the case of section 1245 property originally included 
in the general asset account, any expensed cost; over
    (ii) The cumulative amounts of gain previously recognized as 
ordinary income under either paragraph (e)(2) of this section or section 
1245 (or section 1250).
    (B) Qualifying dispositions. A qualifying disposition is a 
disposition that does not involve all the assets, or the

[[Page 1048]]

last asset, remaining in a general asset account and that is--
    (1) A direct result of a fire, storm, shipwreck, or other casualty, 
or from theft;
    (2) A charitable contribution for which a deduction is allowable 
under section 170;
    (3) A direct result of a cessation, termination, or disposition of a 
business, manufacturing or other income producing process, operation, 
facility, plant, or other unit (other than by transfer to a supplies, 
scrap, or similar account); or
    (4) [Reserved]. For further guidance, see Sec. 1.168(i)-
1T(e)(3)(iii)(B)(4).
    (C) Effect of a qualifying disposition on a general asset account. 
If the taxpayer applies this paragraph (e)(3)(iii) to a qualifying 
disposition of an asset, then--
    (1) The asset is removed from the general asset account as of the 
first day of the taxable year in which the qualifying disposition 
occurs;
    (2) The unadjusted depreciable basis of the general asset account is 
reduced by the unadjusted depreciable basis of the asset as of the first 
day of the taxable year in which the disposition occurs;
    (3) The depreciation reserve of the general asset account is reduced 
by the depreciation allowed or allowable for the asset as of the end of 
the taxable year immediately preceding the year of disposition, computed 
by using the depreciation method, recovery period, and convention 
applicable to the general asset account in which the asset was included; 
and
    (4) For purposes of determining the amount of gain realized on 
subsequent dispositions that is subject to ordinary income treatment 
under paragraph (e)(2)(ii) of this section, the amount of any expensed 
cost with respect to the asset is disregarded.
    (D) Example. The provisions of this paragraph (e)(3)(iii) are 
illustrated by the following example.

    Example. (i) Z, a calendar-year corporation, maintains one general 
asset account for 12 machines. Each machine costs $15,000 and was placed 
in service in 1995. Of the 12 machines, nine machines that cost a total 
of $135,000 are used in Z's Kentucky plant, and three machines that cost 
a total of $45,000 are used in Z's Ohio plant. Assume this general asset 
account has a depreciation method of 200 percent declining balance, a 
recovery period of 5 years, and a half-year convention. Z does not make 
a section 179 election for any of the machines. As of January 1, 1997, 
the depreciation reserve for the account is $93,600.
    (ii) On May 27, 1997, Z sells its entire manufacturing plant in Ohio 
to an unrelated party. The sales proceeds allocated to each of the three 
machines at the Ohio plant is $5,000. Because this transaction is a 
qualifying disposition under paragraph (e)(3)(iii)(B)(3) of this 
section, Z chooses to apply paragraph (e)(3)(iii) of this section.
    (iii) For Z's 1997 return, the depreciation allowance for the 
account is computed as follows. As of December 31, 1996, the 
depreciation allowed or allowable for the three machines at the Ohio 
plant is $23,400. Thus, as of January 1, 1997, the unadjusted 
depreciable basis of the account is reduced from $180,000 to $135,000 
($180,000 less the unadjusted depreciable basis of $45,000 for the three 
machines), and the depreciation reserve of the account is decreased from 
$93,600 to $70,200 ($93,600 less the depreciation allowed or allowable 
of $23,400 for the three machines as of December 31, 1996). 
Consequently, the depreciation allowance for the account in 1997 is 
$25,920 (($135,000 - $70,200) x 40%).
    (iv) For Z's 1997 return, gain or loss for each of the three 
machines at the Ohio plant is determined as follows. The depreciation 
allowed or allowable in 1997 for each machine is $1,440 [(($15,000 - 
$7,800) x 40%) / 2]. Thus, the adjusted basis of each machine under 
section 1011 is $5,760 (the adjusted depreciable basis of $7,200 removed 
from the account less the depreciation allowed or allowable of $1,440 in 
1997). As a result, the loss recognized in 1997 for each machine is $760 
($5,000 - $5,760), which is subject to section 1231.

    (iv) Transactions subject to section 168(i)(7). If an asset in a 
general asset account is transferred in a transaction described in 
section 168(i)(7)(B) (pertaining to treatment of transferees in certain 
nonrecognition transactions), the transferor must remove the transferred 
asset from the general asset account as of the first day of the taxable 
year in which the transaction occurs. In addition, the adjustments to 
the general asset account described in paragraph (e)(3)(iii)(C)(2) 
through (4) of this section must be made. The transferee is bound by the 
transferor's election under paragraph (k) of this section with respect 
to so much of the asset's basis in the hands of the transferee as does 
not exceed the asset's adjusted

[[Page 1049]]

basis in the hands of the transferor. If all of the assets, or the last 
asset, in a general asset account are transferred, the transferee's 
basis in the assets or asset transferred is equal to the adjusted 
depreciable basis of the general asset account as of the beginning of 
the transferor's taxable year in which the transaction occurs, decreased 
by the amount of depreciation allocable to the transferor for the year 
of the transfer.
    (v) [Reserved]. For further guidance, see Sec. 1.168(i)-
1T(e)(3)(v).
    (vi) Anti-abuse rule [Reserved]. For further guidance, see Sec. 
1.168(i)-1T(e)(3)(vi).
    (f) Assets generating foreign source income. (1) In general. 
[Reserved]. For further guidance, see Sec. 1.168(i)-1T(f)(1).
    (2) Source of ordinary income, gain, or loss. (i) [Reserved]. For 
further guidance, see Sec. 1.168(i)-1T(f)(2)(i).
    (ii) Formula for determining foreign source income, gain, or loss. 
The amount of ordinary income, gain, or loss recognized on the 
disposition that shall be treated as foreign source income, gain, or 
loss must be determined under the formula in this paragraph (f)(2)(ii). 
For purposes of this formula, the allowed depreciation deductions are 
determined for the applicable time period provided in paragraph 
(f)(2)(i) of this section. The formula is:
[GRAPHIC] [TIFF OMITTED] TC05OC91.038

    (3) Section 904(d) separate categories. If the assets in the general 
asset account generate foreign source income in more than one separate 
category under section 904(d)(1) or another section of the Code (for 
example, income treated as foreign source income under section 
904(g)(10)), or under a United States income tax treaty that requires 
the foreign tax credit limitation to be determined separately for 
specified types of income, the amount of ``foreign source income, gain, 
or loss from the disposition of an asset'' (as determined under the 
formula in paragraph (f)(2)(ii) of this section) must be allocated and 
apportioned to the applicable separate category or categories under the 
formula in this paragraph (f)(3). For purposes of this formula, the 
allowed depreciation deductions are determined for the applicable time 
period provided in paragraph (f)(2)(i) of this section. The formula is:
[GRAPHIC] [TIFF OMITTED] TC05OC91.039

    (g) Assets subject to recapture. If the basis of an asset in a 
general asset account is increased as a result of the recapture of any 
allowable credit or deduction (for example, the basis adjustment for the 
recapture amount under section 30(d)(2), 50(c)(2), 179(d)(10), or

[[Page 1050]]

179A(e)(4)), general asset account treatment for the asset terminates as 
of the first day of the taxable year in which the recapture event 
occurs. Consequently, the taxpayer must remove the asset from the 
general asset account as of that day and must make the adjustments to 
the general asset account described in paragraph (e)(3)(iii)(C)(2) 
through (4) of this section.
    (h) Changes in use--(1) Conversion to personal use. An asset in a 
general asset account becomes ineligible for general asset account 
treatment if a taxpayer uses the asset in a personal activity during a 
taxable year. Upon a conversion to personal use, the taxpayer must 
remove the asset from the general asset account as of the first day of 
the taxable year in which the change in use occurs and must make the 
adjustments to the general asset account described in paragraph 
(e)(3)(iii)(C)(2) through (4) of this section.
    (2) Other changes in use. [Reserved].
    (i) Identification of disposed or converted asset. [Reserved]. For 
further guidance, see Sec. 1.168(i)-1T(i).
    (j) Effect of adjustments on prior dispositions. [Reserved]. For 
further guidance, see Sec. 1.168(i)-1T(j).
    (k) Election--(1) Irrevocable election. If a taxpayer makes an 
election under this paragraph (k), the taxpayer consents to, and agrees 
to apply, all of the provisions of this section to the assets included 
in a general asset account. Except as provided in paragraph 
(c)(1)(ii)(A), (e)(3), (g), or (h)(1) of this section, an election made 
under this section is irrevocable and will be binding on the taxpayer 
for computing taxable income for the taxable year for which the election 
is made and for all subsequent taxable years. An election under this 
paragraph (k) is made separately by each person owning an asset to which 
this section applies (for example, by each member of a consolidated 
group, at the partnership level (and not by the partner separately), or 
at the S corporation level (and not by the shareholder separately)).
    (2) Time for making election. The election to apply this section 
shall be made on the taxpayer's timely filed (including extensions) 
income tax return for the taxable year in which the assets included in 
the general asset account are placed in service by the taxpayer.
    (3) Manner of making election. In the year of election, a taxpayer 
makes the election under this section by typing or legibly printing at 
the top of the Form 4562, ``GENERAL ASSET ACCOUNT ELECTION MADE UNDER 
SECTION 168(i)(4),'' or in the manner provided for on Form 4562 and its 
instructions. The taxpayer shall maintain records (for example, 
``General Asset Account 1 - all 1995 additions in asset class 
00.11 for Salt Lake City, Utah facility'') that identify the assets 
included in each general asset account, that establish the unadjusted 
depreciable basis and depreciation reserve of the general asset account, 
and that reflect the amount realized during the taxable year upon 
dispositions from each general asset account. (But see section 179(c) 
and Sec. 1.179-5 for the recordkeeping requirements for section 179 
property.) The taxpayer's recordkeeping practices should be consistently 
applied to the general asset accounts. If Form 4562 is revised or 
renumbered, any reference in this section to that form shall be treated 
as a reference to the revised or renumbered form.
    (l) Effective date. [Reserved] For further guidance, see Sec. 
1.168(i)-1T(l).

[T.D. 8566, 59 FR 51371, Oct. 11, 1994; 59 FR 64849, Dec. 16, 1994, as 
amended by T.D. 9115, 69 FR 9534, Mar. 1, 2004]