Can restructuring professional costs be capitalized?
Answers
In 2009 "Restructuring costs under the new rules should be recorded as a charge to the post acquisition earnings, previously these costs were capitalized as a part of the purchase price resulting in a higher amount of Goodwill being recorded." per http://www.eisneramper.com/new-
Another Google hit is: "In Hillsborough Professional Holdings Corp. v. United States, Nos. 89-9715-8P1-89-9746-8P1, 90-11997-9P1 (Bankr. M.D. Fla. April 7, 1999), a case involving a corporate restructuring, the bankruptcy court held that professional fees incurred during a Chapter 11 proceeding must be capitalized. The bankruptcy court determined that the fees were not ordinary deductible expenses within the meaning of Code Section 162(a) because a corporate restructuring is an extraordinary event outside the scope of the corporation's usual trade or business activities as well as an event that confers a long-term benefit on the reorganized corporation"
The short answer is yes, but the real question is why would you want to carry this burden into the future. It is generally best if you are going go thru a restructure, this is the time to clean all the ghosts out of the closets. I have been involved most of my business
It's all a matter of timing. While cleaning out ghosts is certainly a compelling reason, if there is pressure to show same year results or "cost to achieve" factors are a concern can sometimes make a difference that lends itself to the alternative.