What is the difference between the two?
| Start-up costs | Organizational costs |
|---|---|
| Market research and feasibility studies | State filing fees to form the LLC or corporation |
| Advertising before opening | Legal fees for drafting the operating agreement or bylaws |
| Training employees before opening | Accounting fees for setting up the entity |
| Travel to find suppliers or customers | Costs of organizational meetings |
| Consultants' fees before opening | Registered agent fees during formation |
Organizational costs apply to corporations and to partnerships, including multi-member LLCs. For a single-member LLC, formation costs are generally treated as start-up costs of the owner's business.
How is the deduction worked out?
Total each type of cost
Start-up costs and organizational costs separately.
Apply the $5,000 limit to each
Reduced by any amount over $50,000; above $55,000, nothing is deducted immediately.
Amortize the rest over 180 months
Starting from the month the business begins.
Report on the first return
Amortization goes on Form 4562; the election is treated as made unless you opt out.
What does an example look like?
A business opening on July 1, 2026 had $12,000 of start-up costs. It deducts $5,000 in 2026. The other $7,000 is amortized over 180 months, about $38.89 a month, so 2026 gets another $233 for six months. The total 2026 deduction is about $5,233.
What is not a start-up cost?
- Equipment, computers and vehicles, which are depreciated or expensed under Section 179 or bonus depreciation. See Form 4562.
- Inventory, which becomes cost of goods sold. See cost of goods sold.
- Costs of issuing shares or selling interests.
- Costs after the business has started, which are ordinary expenses.
What if the business never opens?
Costs to investigate or start a business that never opened can generally be deducted as a loss if they relate to a specific venture you tried to start, but not if they were general research into whether to go into business at all.
Spent money before you opened?
We sort your pre-opening costs into the right categories, claim the first-year deductions, and set up the amortization.
Questions people ask
How much in start-up costs can I deduct in the first year?
Up to $5,000 of start-up costs and up to $5,000 of organizational costs, each reduced once that type of cost exceeds $50,000.
What happens to start-up costs over $5,000?
They are amortized evenly over 180 months from when the business begins.
Is the LLC filing fee deductible?
Yes, as an organizational or start-up cost, deducted in year one up to the limit and amortized above it.
Is equipment bought before opening a start-up cost?
No. Equipment is depreciated or expensed under Section 179 or bonus depreciation.
Sources
Every fee, date and rule on this page was taken from these official and primary sources.
- IRS Publication 535: Business Expenses, chapter on start-up costs
- Internal Revenue Code section 195: start-up expenditures
- Internal Revenue Code sections 248 and 709: organizational expenditures
- IRS: About Form 4562
Rules and fees change. If you are reading this long after October 1, 2026, confirm the figures with the source before you rely on them.
Related guides
More in Business tax by entity type
This guide is general information. It is not tax or legal advice for your situation.