WHICH ACCOUNTING METHODS FOR SMALL CONSTRUCTION CONTRACTORS

ARE ALLOWED FOR TAX PURPOSES? WHICH IS BEST? A DECISION

HEURISTIC HELPS CHOOSE

JEFFREY N. BARNES
School of Business
Southern Utah University
357 West Center
Cedar City, Utah 84720
(435) 586-5406
[email protected]

KATHERINE BLACK
School of Business
Southern Utah University
357 West Center
Cedar City, Utah 84720
(435) 586-7773
[email protected]
WHICH ACCOUNTING METHODS FOR SMALL CONSTRUCTION CONTRACTORS
ARE ALLOWED FOR TAX PURPOSES? WHICH IS BEST? A DECISION
HEURISTIC HELPS CHOOSE

ABSTRACT

Many tax preparers still have difficulty determining and properly communicating the
allowable tax accounting methods and bookkeeping procedures needed for small construction
contractors, especially those having partially-completed contracts at year-end. For many small
construction contractors the Internal Revenue Code is confusing and even court opinions give
mixed signals as to which accounting method is permissible. This paper provides a discussion on
the allowable methods of tax accounting and provides a decision heuristic to simplify the choice
of allowable methods. The paper also offers suggestions about bookkeeping procedures.

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WHICH ACCOUNTING METHODS FOR SMALL CONSTRUCTION CONTRACTORS
ARE ALLOWED FOR TAX PURPOSES? WHICH IS BEST? A DECISION
HEURISTIC HELPS CHOOSE

INTRODUCTION

For many small construction contractors the Internal Revenue Code is confusing with
regard to which accounting method they are to use. Even court opinions give mixed signals as to
which accounting method is permissible (Ansley-Sheppard-Burgess Co. v. Commissioner, 104
TC 367 and Thompson Electric, Inc. v. Commissioner TC Memo 1995-292). Many people—tax
preparers, consultants, company controllers—still have difficulty determining and properly
communicating the allowable tax accounting methods and bookkeeping procedures needed for
small construction contractors.

This paper is written to clarify the tax accounting methods available to small construction
contractors—those defined as having less than $10,000,000 of average annual gross receipts over
the past three years—with significant inventories as construction-in-progress or work-in-process
(WIP) at year-end. Also, this paper will discuss what should be presented on the balance sheet at
year-end under the varying tax accounting methods chosen by the small contractor. Further, this
paper will recommend some bookkeeping procedures or strategies that are helpful for the tax
preparer, including the information that should be properly presented on the tax return and the
taxpayer’s balance sheet. It will also facilitate the appropriate choice of an accounting method,
by the use of a decision heuristic.

Method of Accounting – the Basic Rules

I.R.C. § 446(c) generally allows a taxpayer to select the method of accounting it will use
to compute its taxable income.

I.R.C. § 446(b) provides that the selected method must clearly reflect income. In addition,
Reg. §1.446-1(c)(2)(i) requires that a taxpayer use an accrual method of accounting with regard
to purchases and sales of merchandise whenever §471 requires the taxpayer to account for
inventories, unless otherwise authorized by the Commissioner under §1.446-1(c)(2)(ii).
Choosing a method of accounting that clearly reflects income sounds simple enough but may
pose many not-so-simple questions:

1. If construction contractors have significant partially-completed contracts

at year-end, can they expense current-year costs for partially-completed
contract costs?

2. If a construction contractor takes partial payments for completion of

certain phases of construction, can those cash payments be deferred until
the contract is fully completed?

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 3. If a contractor arranges cash payments by a trust agreement only upon
completion of the project and the contractor is the trustee of the trust, can
revenue recognition be deferred until the project is completed?

4. If the contractor constructs only residential homes (i.e.high-rise townhome

complex) rather than home commercial construction contracts, are there
special tax methods of accounting needing to be followed?

5. Can a construction contractor with significant inventories at year-end be a

cash-basis taxpayer for tax purposes?

6. Are there special tax accounting methods allowed for construction

contractors that assist in deferring taxable income recognition?

Method Used for Taxes must Be Method Used on the Books

The tax code requires that the method of accounting for tax purposes be the method used
by the taxpayer to keep the books, the Internal Revenue Code states,

“General Rule.—Taxable income shall be computed under the method of accounting which the taxpayer
regularly computes his income in keeping his books.” IRC §446(a). [Italics added].

Taxpayers have to be careful when using a computer software program. For example,
Quickbooks Pro® automatically creates accounts called accounts receivable and accounts
payable. If you use their accounts, accounts receivable are included in income and accounts
payable are included as expenses. Use of receivables and payables in an accounting system is
accrual accounting. I.R.C. § 446(a) would thus, require the contractor to be on an accrual basis
of accounting. If the taxpayer is trying to use a cash method of accounting, care should be taken
to make sure receivables and payables are kept on a separate stand alone system not integrated as
part of the books.

The above statement is further clarified in the following,

“The term ‘method of accounting’ includes not only the over-all method of accounting of the taxpayer but also
the accounting treatment of any item. Examples of such over-all methods are the cash receipts and
disbursements method, accrual method, combinations of such methods, and combinations of the foregoing with
various methods provided for the accounting treatment of special items.” Reg. §1.446-1(a)(1).

When the taxpayer has construction-in-progress (CIP), work-in-progress (WIP), or

construction inventory at year-end, it states,

“In all cases in which the production, purchase, or sale of merchandise of any kind is an income-producing
factor, merchandise on hand (including finished goods, work-in-progress, raw materials, and supplies) at the
beginning and end of the year shall be taken into account in computing the taxable income of the year.” Reg.
§1.446-1(a)(4)(i). [Italics added]

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With regard to accounting for inventories, the code states,

“Whenever in the opinion of the Secretary the use of inventories is necessary in order clearly to determine the
income of any taxpayer, inventories shall be taken by such taxpayer on such basis as the Secretary may prescribe
as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly
reflecting the income. IRC §471(a) [Italics added]

The term “merchandise” found in Treasury Regulation §1.446-1 does not only mean
“retail merchandise”, it also means “construction merchandise”.1 Construction merchandise is
defined as items that are transferred to customers or incorporated into the product. Thus,
construction materials—cement, bricks, drywall, framing wood—supplies, labor, etc. not yet
legally transferred to the customer at year-end is considered merchandise, thus needing to be
considered as inventory at year-end.

The treasury regulation explanation implies that regardless of which method of

accounting is chosen by the taxpayer, partially-completed construction contracts at year-end will
have to be accounted for under an inventory or holding account method and released into “Cost
of Goods Sold” as a tax deduction either at the sale of the construction project to the customer or
on a completed-contract method. This recognition issue is the nub of the difficulty for many
small construction taxpayers—when do the construction costs paid or incurred become an
allowable tax deduction?

Construction Contracts

Under IRC §460(a), Special Rules for Long-Term Contracts, the construction taxpayer is
required to use the accrual method of accounting and percentage-of-completion method for
construction of projects that are deemed “long-term” in nature under the tax law. However, there
exists an exception for certain small construction contractors under this code section. The
exception or exemption from the required percentage-of-completion method of accounting is
allowed for the following construction contractors:

(e) Exception for certain construction contracts.

“Any home construction contract, or any other construction contract entered into by a taxpayer—who estimates
that such contract will be completed within the 2-year period beginning on the contract commencement date of
such contract, and whose average annual gross receipts for the 3 taxable years preceding the taxable year in
which such contract is entered into do not exceed $10,000,000.” IRC §460(e)(1).

Taxpayers who meet the requirements of the exception are exempt from the specialized
percentage-of-completion method of accounting for construction contracts. The taxpayer is then
allowed to use what are referred to as the “normal methods” of accounting.

IRS Market Segment Specialization Paper (MSSP), “Audit Technique Guide for Audits of
1

Contractors,” emphasizes the necessity for the examining agent to determine if “construction
merchandise” exists at year-end.

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Normal Methods of Accounting

The normal methods of accounting refer back to the accounting methods allowed prior to
the passage of IRC §460 in March 1, 1986. Those normal methods are as follows:

1. The cash method—now for taxpayers whose average gross annual receipts
does not exceed $1,000,000
2. The hybrid method—using the cash method for expenses which are not
inventoriable (business, professional licenses, supplies, etc) and
completed-contract method for project costs.
3. The completed-contract method—as described in treasury regulation
§1.460-4(d).
4. The percentage-of-completion method—as described in treasury
regulation §1.460-4(b).
5. The accrual method and variations—income is included when billable and
costs are deducted when incurred, as described in Reg. 1.446-1(c)(ii).

The appropriate method of accounting can be determined by using the decision heuristic
and is intended to provide guidance for small construction contractors.

Use of the Cash Method of Accounting (Hybrid Method Required)

The cash method generally requires an item to be included in income when actually or
constructively received and permits a deduction for an expense when paid. §1.446-1(c)(1)(i) .

Revenue Procedure 2001-10 states,

the Commissioner of Internal Revenue will exercise his discretion to except a qualifying taxpayer with average
annual gross receipts of $1,000,000 or less from the requirements to use an accrual method of accounting under
§446 of the Internal Revenue Code and to account for inventories under §471…This revenue procedure applies
to taxpayers (other than a taxpayer described in §448(a)(3) ) with "average annual gross receipts" of $1,000,000
or less (as defined in section 5.01 of this revenue procedure)("qualifying taxpayers"). Revenue Procedure 2001 –
10, I.R.B. 2001-2 (Dec. 06, 2000).

This revenue procedure allows certain construction contractors to simply use the cash
method of accounting, if they so choose. Qualifying construction contractors are those with
$1,000,000 or less of average annual gross receipts. However, moderating this new revenue
procedure is the embedded requirement that the taxpayer comply with the “Cost of Materials”
definition found under Treasury Regulation §1.162-3. This same revenue procedure states,

A taxpayer described in section 3 [referring to scope] that does not want to account for
inventories must treat merchandise inventory in the same manner as a material or supply that is
not incidental under section 1.162-3.
Taxpayers carrying materials and supplies on hand should include in expenses the charges for materials and
supplies only in the amount that they are actually consumed and used in operation during the taxable year for
which the return is made, provided that the costs of such materials and supplies have not been deducted in
determining the net income or loss or taxable income for any previous year… Treasury Regulation §1.162-3,
[Italics added]

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 When Revenue Procedure 2001-10 was released, there was a collective sigh of relief for
CPAs and small construction contractors that have struggled to determine whether they must file
on an accrual basis or whether they could continue, as many started, as a cash-basis taxpayer
(Jennings, Robert, 2001).

Revenue Procedure 2001-10 clarified and established an understanding of how the above
stated regulation is to be interpreted. This interpretation would impact small construction
contractors with partially-completed contracts at year-end, and who otherwise qualify for the
cash method of accounting under Revenue Procedure 2000-10. Revenue Procedure. 2001-10,
paragraph 4.02 clarifies,
Under Treasury Regulation §1.162-3, materials and supplies that are not incidental are deductible only in the
year in which they are actually consumed and used in the taxpayer’s business. For purposes of this revenue
procedure, inventoriable items that are treated as materials and supplies that are not incidental are consumed
and used in the year in which the taxpayer sells the merchandise or finished goods. Thus, under the cash
method, the cost of such inventoriable items are deductible only in that year, or in the year in which the taxpayer
actually pays for the inventoriable items, whichever is later. Rev. Proc. 2001-10, paragraph 4.02, [Italics and
bold added]

Presently, if the construction contractor, or any trade or business for that matter, meets
the less than $1,000,000 average annual gross receipts test, the cash method of accounting may
be used. However, if significant unsold inventories, such as construction-in-progress or work-in-
progress (WIP) exist at year-end, the cash payment for such costs is not deductible until the year
that project is completed and sold! Thus, it is more than likely that a hybrid method and not a
pure cash method will be required.

Allowable Tax Accounting Methods

Generally, the accounting methods available now for small construction contractors with
partially completed long-term contracts at year-end are as follows:

1. Cash Method (CM) (Only available to those with gross receipts of

$1,000,000 or less and no Work in Process, per IRC §446(c)(1); amplified
under Rev. Procs. 2000-22, 2001-10.

2. Cash Method +Completed-Contract Method (CMCCM), per IRC

§446(c)(1), as restricted under Reg. §1.446-1(a)(4)(i).

3. Accrual Method +Completed-Contract Method (PCCCM), per IRC

§446(c)(2); guided by special accounting method under IRC §460(e); Reg.
1.460-4(d).

4. Accrual Method +Percentage-of-Completion Method (PCM), per IRC

§446(c)(2); guided by special accounting method under IRC §460(b); Reg.
1.460-4(b).

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Long-Term Contracts

For construction contractors, any contract for the “building, installation, or construction
of property, if the contract is not completed within the tax year in which the contract is entered
into is deemed a long-term contract.” IRC §460(f)(1). [Italics added]

This point of tax law is sometimes confusing to some people who might believe that a
“long-term contract” is a contract requiring greater than one year to complete or operating cycle,
whichever is longer. As stated earlier, Reg. 1.460-4(d), allows the taxpayer with partially-
completed contracts, who meets the IRC §460(e) exception, to use completed-contract method of
accounting. This method is often preferred because the completed-contact method (CCM)
allows management control over which year to recognize taxable income. A long-term contract
is any contract for the building, installation, or construction of property not completed at year-
end. The definition of long-term contracts is further proscribed in a couple of Revenue Rulings
published by the Internal Revenue Service (Rev. Ruls. 70-67, 80-18, and 82-134).

The IRS states that contractors providing services in the construction industry, such as
architects, engineers, and even construction management services firms cannot use completed-
contract method (CCM) of accounting for income taxes. Specifically, service contracts are not
long-term contracts, even though they might be partially completed at year-end. Further, the
Revenue Rulings state definitively that these professional services “were not required to actually
construct, build, or install anything, even though their services are functionally related to
activities that may be the subject of long-term contracts” (Rev. Rul. 84-32).

Once a taxpayer has been identified as qualifying to have long-term contracts, a proper
method of tax accounting is required. Below is a discussion of the general tax accounting
methods available for the small construction contractor with average annual gross receipts of
$10,000,000 over the past three years with partially-completed contracts at year-end.

Cash Method (CM)

The cash method of accounting allows the taxpayer to record all revenues and expenses
when actually received or constructively received, and not necessarily when earned, and permits
a deduction when paid, not necessarily when incurred. Even with the release of these revenue
procedures, construction contractors will still have to be careful with the costs of partially-
completed contracts at year-end.

Even prior to these revenue procedures many companies accounted for construction
activity using the cash method. Such construction companies will usually continue using the
cash method but must make adjustment for projects not completed at year-end, or the companies
will not be in compliance with allowable tax accounting methods. Use of the cash method plus
completed-contract method for partially-completed projects is called the hybrid cash method.
Under this hybrid cash method, inventory or work-in-progress (WIP) accounts and deferred
revenue accounts are used for the partially-completed projects.

When construction costs for partially completed projects at year-end exist, these
construction costs are deemed to be “ inventory,” and thus, “an income producing factor” for the
taxpayer. And because these construction costs or “inventory” are not incidental but rather

8
material in determining gross income, such costs must be capitalized as materials, supplies, or
“inventory” and not expensed as cash is paid for them. Therefore, long-term construction
contract costs related to a partially-completed project at year-end must be capitalized and the
costs expensed upon sale of the related construction project.

By using construction loans to build the property and then selling it under contract, the
contractor is able to defer the recognition of cash receipts from the customer for whom the long-
term contract relates. A contractor who takes progress payments for the construction will have a
different result, any cash received will be required to be recognized as income.

Another method of deferring recognition of cash paid upfront or during a progress-billing

arrangement is to have the progress payments made to an escrow or trust account that is released
to the contractor at the end of the construction project. Under an escrow or trust agreement that
requires the taxpayer to repay if the contract is not fully executed, income does not accrue to the
construction contractor taxpayer. (See A.M. Brown, SCt, 4 USTC 1223). The fact that the
taxpayer is or could be the trustee over the restricted funds does not affect this accrual rule as
long as the funds are not used for the taxpayer’s own benefit. (Cedar Park Cemetery Assn., CA-
7, 50-2 USTC 9376).

Cash Method—Completed Contract Method (CMCCM)

A pure cash method of accounting (CM) is not allowed for contractors because partially
completed construction contracts at year-end create significant inventories, thus, requiring
accrual method of accounting. Reg. §1.446-1(a)(4)(i) states, “in all cases in which the
production …of merchandise of any kind, is an income producing factor…” the accrual method
of accounting must be used. Even IRC §448(c), allowing C corporations the cash method of
accounting, does not exempt them from the proper accounting for partially-completed contracts.

When construction costs for partially completed projects at year-end exist, these
construction costs are deemed to be “inventory,” and thus an income producing factor for the
taxpayer. And because these construction costs for partially-completed projects are not
incidental but material to determining gross income, such costs must be capitalized as materials,
supplies, or “inventory” and not expensed until the project is sold to the client customer.
Construction projects, even under the cash method, using completed-contract method
(CMCCM), must aggregate all construction costs—materials, labor, and IRC §263A overhead—
to the asset account work-in progress (WIP). These costs are then expensed when the project is
sold.

Hybrid Method—Accountant Adjustments and Bookkeeping Suggestions

Prior to the sale of the construction project, the construction costs should be accumulated
in an asset account called Work in Process. Until the project is sold for cash under the cash
method (CM) of accounting, the taxpayer “holds on” to construction costs, not taking any
deductions for materials, labor, or allocable overhead.

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 Most taxpayers in this category, residential, home, and other small commercial
construction contractors, keep their books using a software platform like QuickBooksPro®. The
progress payments from the contractor’s customer and the construction costs are all recorded
using the cash method of accounting. The small contractor taxpayer is not sophisticated and
usually does not desire to pay for an accountant to keep track of the required tax reporting
procedures. The tax advisor should request the contractor customer to print out or provide a zip-
disk of information of construction projects by “class.” The tax advisor then needs to separate
the partially-completed contracts costs this year into separate work-in-progress (WIP) asset
accounts for each partially-completed contract.

The tax advisor then adds the prior year’s deferred construction costs to the current
reporting year by closing out the prior year Work in Process accounts, presuming that the small
construction contractor projects are completed.

The subtracting of partially completed long-term contract’s cash disbursements of the

current year and the adding of the cash disbursements from the prior year can be easily
performed on spreadsheets. These spreadsheets provide workpapers and bridging-evidence
documents between what the client contractor has on record at year-end and the proposed
adjusting entries required to be journalized into the client customer’s accounting system. These
workpapers will also record the reconciling amounts for items that differ between the client
taxpayer’s cash-basis books and the tax return’s cash method, using completed-contract method
(CMCCM) of accounting. The tax advisor’s bridging workpapers are then used the next tax year
to properly include the prior year’s deferred expenses to the next year’s allowed expenses for
“cash basis” completed-contract method.

Even though the client contractor used a purely cash receipts and cash disbursements
approach to record transactional activity, the required adjustments to capitalize partially-
completed contract costs at year-end is permissible. Under the lengthy treasury regulation
regarding permissible accounting methods, it states,
The taxpayer is required to keep adequate books and records to reflect any adjustments made to reconcile book
income with the income reported for tax purposes. Treas. Reg. §1.446(1)(a)(4) [Italics and underline added]

Hybrid Method—Taxpayer Method of Bookkeeping

Prior to sale of the construction project, the construction costs should accumulate in a
construction work-in-progress (WIP) inventory account and only be released as construction
costs in the period the project is sold and cash is received. Construction costs that straddle year-
end must be placed into a WIP inventory account reported on the taxpayers’ company balance
sheet. The only deductions to recognize for any given year are the released WIP accumulated
costs of construction for those projects sold during the current tax year and, of course, all other
allowable cash deductions for related trade or business expenses.

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 If the taxpayer is keeping his own books using QuickbooksPro®, he should set up the
following accounts:

• WIP - Construction,

• WIP - Lots, and

• WIP - Interest.

Each lot or project should be set up as a separate job or customer. Each loan should be
set up as a separate payable under current liabilities. All expenses should be separated by job,
when paid, and should be put into a work-in-progress (WIP) account for either construction
costs, lots, or interest.

Upon the sale of a house or project, the sale should be recorded as a journal entry as
follows:

Cash XXXX

Closing Costs XXX

Commissions XXX

Note Payable (loan) XXXX

Sales XXXXXX

QuickbooksPro® provides a pre-programmed report under the “Reports” category called

“Profit and Loss Mid-Stream by Job.” This report will pull-up the balances in the three WIP
accounts described above. These balances in the WIP accounts should be closed in a journal
entry that would look like the following:

Cost of Construction Sold XXXXXX

WIP—Construction Costs XXXX

WIP—Lots XXX

WIP—Interest XX

To make this work, you must be sure to use the “job” column and fill in the job or
customer name on every entry both in the journal entries and when writing checks or making
deposits.

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Accrual Method (Using Percentage-of-Completion)—Completed Contract Method
(PCCCM)

Under the accrual method, construction contractor taxpayers may use the completed-
contract method (CCM) of accounting for construction projects if two criteria are met.

1. At the time the contract is entered into, such contract will be completed
within the 2-year period beginning on the contract commencement date.

2. Whose average annual gross receipts for the 3 taxable years preceding the
taxable year in which the contract is entered into do not exceed $10
million. IRC §460(e)(1).

If the gross construction receipt and contract meet the above two criteria, the completed
contract method of accounting (CCM) may be used. Because the accrual method of accounting
is primarily used, the taxpayer is able to accrue other trade or business expenses other than
construction-related costs, and deduct them in a given year.

During the year, construction accounting is usually accounted for under the percentage-
of-completion (PCM) method for book purposes. Costs and revenues are recognized based upon
the estimated percent of completion of the project. Consequently, the percent of the gross
margin of completed contracts that were partially completed at the end of the prior-year that are
completed this year, along with construction projects started and completed this tax year, and the
percent of contracts partially completed this year, will have revenues and construction expenses
recognized in this current tax year. A typical accrual-basis PCM accounting software package is
PROMATION®.

The remaining partially completed contracts have both their year-to-date gross revenues
and construction costs backed off. The construction contractor’s tax return will reflect the
completed-contract method (CCM) and the books usually will be reported under the percentage-
of-completion method with reconciling deferred CCM adjustments for tax purposes.

If the book financial statements are not recorded under the percentage-of-completion
method of accounting for GAAP purposes, then the deferred construction costs are reclassified
into a construction work-in-progress (WIP) account, as described under the cash method, using
completed-contract method (CMCCM) approach above.

Cost/Benefit Justification

Even though the reconciliation between the percent-of-completion reported for tax
purposes and the financial statements prepared according to generally accepted accounting
principles (GAAP) cause additional preparation costs, the taxpayer is provided a legal means of
timing the completion of the construction project and enjoying the time-value of money saved on
the taxes deferred for one year. The choice of the percent-of-completion—using completed-
contract method (PCCCM) is really only justified if the benefits of tax savings deferred for one
year times an appropriate financial hurdle rate is greater than the cost to implement the CCM
accounting adjustments.

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PCCCM Bookkeeping Suggestions

Accounting software packages usually do not perform the reconciliation between PCM
and CCM. The accountant is required to create workpapers evidencing the reconciliation
between GAAP and tax methods of accounting.

Because these bridging workpapers are needed to reconcile between generally accepted
accounting principles (GAAP) accrual basis percentage-of-completion method(PCM) and the
allowed tax completed-contract method (CCM) of accounting, Appendix A provides an excellent
example of how bridging workpapers can be constructed for PCM (book) to CCM (tax).
Remember, these yearly created documents are required to be maintained and used as evidence
to substantiate the reportable taxable income claimed on the tax return. Again, an important
Treasury Regulation states,
“The taxpayer is required to keep adequate books and records to reflect any adjustments made to reconcile book
income with the income reported for tax purposes.” Treas. Reg. §1.446(1)(a)(4) [Italics added]

An example of the bridging workpapers needed to reconcile between percentage-of-

completion method (PCM) and completed-contract method (CCM) is illustrated under Appendix
A. Under a software package like PROMATION®, a job cost summary report is created for any
current year showing completed jobs and partially-completed jobs. From this report, that
accountant simply defers recognition of the gross margin for partially-completed jobs at year-
end. From the prior-year bridging workpaper, the accountant would add the deferred projects’
gross margin. This process is repeated year after year.

Appendix A illustrates that the PROMATION® software generated a percentage-of-

completion gross margin of $532,275, which is a GAAP accounting figure. Prior year’s deferred
gross margin of $40,902 is added to the GAAP generated gross margin. The current year’s
partially completed projects’ gross margin is deferred until next year of $293,458, reconciling to
$279,719, which is the tax return’s reported taxable gross margin for construction projects for the
current year. Both the $40,902 prior year deferral and the $293,458 current-year deferral are the
needed reconciling pieces of information between “book income” and “tax income.” Usually,
both of these numbers are netted together and revealed as a single reconciling item entitled
“§460 Deferral” on any required tax reporting reconciliation, such as Schedule M-1 on the tax
form 1120.

Accrual Method—Percentage-of–Completions Method (PCM)

The advantage of electing the percentage-of-completion method (PCM) method is that

fewer reconciling items exist between the remaining GAAP and tax conflicts in the code. The
disadvantage to this approach is that the percentage-of-completion (PCM) construction gross
margin for each partially completed contract requires to be recognized and taxes paid (IRC
§460(a) and clarified under IRC§460(b)).

Tax Form Reporting Choices

The taxpayer must determine what tax form to use in reporting construction trade or
business activity. Generally, sole proprietorships and single-person limited liability companies

13
should report on Schedule C of Form 1040. Other multi-member, non-corporate organizations,
may “check-the-box” and report as either a regular corporation, a small corporation, or
partnership, and thus report on Form 1120, Form 1120S or Form 1065, respectively.
Corporations file on either form 1120 or 1120S.On each of these tax-reporting forms, the
taxpayer must identify which method of accounting is being followed and that proper
bookkeeping procedures should be in place to ensure the proper reporting of construction costs.

CONCLUSION

A Decision Heuristic

The decision heuristic that follows provides the construction taxpayer with the optional
tax reporting accounting methods for small construction contractors. The construction contractor
must decide which of the allowed tax accounting methods is appropriate under various income
levels and other industry-specific criteria. The taxpayer must have an eye to the future—to
projected income levels, as well as look back—to previous revenue levels, in determining which
of the prescribed tax accounting methods is best under his unique circumstances.

The benefit of the decision heuristic is that the taxpayer is presented the differing tax
accounting method options, suggested bookkeeping procedures to follow, and embedded
throughout the decision tree are the references to related Internal Revenue Code sections,
Treasury Regulations, and/or Revenue Procedures.

Once the construction taxpayer has chosen his method of tax accounting, the taxpayer is
able to return to the related narrative of this article and read more carefully the tax logic behind
the tax accounting method chosen and the specific bookkeeping procedures needing to be
followed to properly present the allowed tax revenues and deductions on the current tax return.

14
 Which Allowed Tax Accounting Methods For
Small Construction Contractors is Best? A Decision Heuristic
“Long-Term Contracts”

Does Taxpayer have

Contracts?

Are contracts
partially completed
at year-end?

Are contracts to
“build, construct, or
install” (long-term
contract)?

Exempt from Internal

Revenue Code (IRC) §460,
refer to IRC §446, §448,
§471, and others specialized
code sections and related
treasury regulations for
accounting method to use—
cash, accrual, or hybrid.
Refer to Revenue Ruling
2000-22 and 2001-10 for
strictly cash method use, else
continue with method
A
originally reported by entity.

15
 Which Allowed Tax Accounting Methods For
Small Construction Contractors is Best? A Decision Heuristic
“Home Construction Contracts”

Are any of the long-

term contracts Exempt from IRC
deemed “home Does client meet the §460 percentage-of-
construction “small contractor” completion method,
contracts?” entered exemption? however, production
into after 6/20/88? IRC §460(e)(1)(B) period interest is to
IRC §460(e)(6)(A) be capitalized.
IRC Reg. §1.460-5

Exempt from IRC

§460 percentage-of-
completion method,
however, production
period interest is to
be capitalized,
PLUS, Uniform
Capitalization Rules
IRC §263A apply.
IRC §1.460-5

B Follow below box “B’s”

“Yes” branch for “normal
accounting method” you
have used prior to 3/1/86,
else, choose from choices
available and comply, if
needed, with “Change of
Accounting Method”
guidance under Revenue
Procedure 97-27

16
 Which Allowed Tax Accounting Methods For
Small Construction Contractors is Best? A Decision Heuristic
“Sales Less Than $1 Million”

Allowed Bookkeeping
Tax Reporting Procedures
Methods Use construction
contractor’s properly
Are average taxable Cash method classified G/L amounts.
receipts $1 million allowed. Will generally Clearly identify all
or less? Rev. Proc. select because client’s construction projects costs
2001-10, see books are cash basis and and revenues for
specifically para. less costly to use than completed and partially-
.03 of other allowable methods completed projects to
2.0 Background and of accounting. ensure no double
Changes therein. CM accounting in subsequent
year. For partially-
completed jobs, not
deemed incidental, use the
WIP accounts. Deduct WIP
Cash method, using when project is sold.
CCM allowed, usually
management preferred
for time value of money
Create spreadsheet bridging
reasons. Benefit to
workpaper and use balance
implement must exceed
sheet accounts for WIP
costs.
accounts and Deferred
CMCCM
Revenue for partially
completed long-term
contracts. Workpaper
should identify reconciling
amounts between
Accrual method PCM, book and tax.
using CCM allowed for
taxes. Usually selected PCM required under
when company’s books accrual method for books,
are PCM accrual but however, option to use
management preferred CCM for tax purposes is
for time value of money. available. CCM requires
Benefit to implement complicated deferred
must exceed costs. income tax calculations.
PCCCM Create spreadsheet bridging
workpaper reconciling
between GAAP PCM and
tax CCM. Workpaper
should identify reconciling
amounts.

Accrual method,
using PCM Usually use same GAAP
allowed. PCM for tax PCM
C PCM construction projects
reporting.

17
 Which Allowed Tax Accounting Methods For
Small Construction Contractors is Best? A Decision Heuristic
“Small Contractor Exception”

Allowed Bookkeeping
Tax Reporting Procedures
Methods

Are average taxable Accrual PCM method, PCM required under

construction using CCM allowed for accrual method for books,
receipts more than taxes. Usually selected however, option to use
$1 million but less than when company’s books CCM for tax purposes is
$10 million for preceding are PCM accrual but available. CCM requires
3 taxable years? PLUS management preferred complicated deferred
expect to complete any for time value of money. income tax calculations.
project within 2 years, Benefit to implement Create bridging workpaper
“small contractor”? must exceed costs. reconciling between GAAP
IRC §460(e)(1), thus PCCCM PCM and tax CCM.
exempt from IRC §460 Workpaper should identify
reconciling amounts.

Accrual method, Usually use same GAAP

using PCM PCM for tax PCM
allowed and construction projects
production period reporting.
interest must be
capitalized.
PCM

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 Which Allowed Tax Accounting Methods For
Small Construction Contractors is Best? A Decision Heuristic
“Construction Revenue More Than $10 Million”

D
Allowed Bookkeeping
Tax Reporting Procedures
Methods

Are any of the

contracts Accrual method, PCM required under
“residential using CCM accrual method for books,
construction allowed. however, option to use
contracts, just PCCCM CCM for tax purposes is
dwelling units? IRC §460(e)(6) available. CCM requires
complicated deferred
income tax calculations.
Create bridging workpaper
reconciling between GAAP
PCM and tax CCM.
Workpaper should identify
reconciling amounts.

Accrual method,
Are average taxable using PCM Use same GAAP PCM for
construction receipts allowed. tax PCM construction
$10 million or more PCM projects reporting.
for preceding 3 IRC §460(b)(1)
taxable years?

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 Appendix A

Bridging Workpapers Between GAAP PCM and Tax CCM

20
 Bridging Workpapers Between GAAP PCM and Tax CCM

Actual Cost Gross

Sales of Sales Profit

Per Books (PCM) --Current Year $ 5,153,790.00 $ 4,621,515.00 $ 532,275.00

CIP Prior Year

Project A Job Cost Sheet—Prior Year $ 225,686.00 $ 207,308.00 $ 18,378.00

Project B Job Cost Sheet—Prior Year $ 251,463.00 $ 228,939.00 $ 22,524.00

Add Subtotal $ 477,149.00 $ 436,247.00 $ 40,902.00

M-1 Reconciliation
Tax Return

CIP Current Year

Project C Job Cost Sheet—Current Year $ 1,999,399.00 $ 1,815,935.00 $ 183,464.00

Project D Job Cost Sheet—Current Year $ 694,436.00 $ 645,285.00 $ 49,151.00
Project E Job Cost Sheet—Current Year $ 688,304.00 $ 627,461.00 $ 60,843.00

Deduct Subtotal $ 3,382,139.00 $ 3,088,681.00 $ 293,458.00

M-1 Reconciliation
Tax Return

Per Tax Return (CCM)--Current Year $ 2,248,800.00 $ 1,969,081.00 $ 279,719.00

21
 REFERENCES

Revenue Procedure 2000-22, 2000-20 IRB, 4/28/2000, IRC 446—Methods of Accounting—

Automatic Consent Procedures—Discretionary Exception from Requirements.

Revenue Procedure 2001-10, 2001-2 IRB, 12/07/2000, IRC 446—Methods of Accounting—

Automatic Consent Procedures—Discretionary Exception from Requirements.

Ansley-Sheppard-Burgess Co. v. Commissioner, 104 TC 367, where IRS abused its discretion in
requiring a contractor to switch from cash basis to accrual basis. Contrariwise, see Thompson
Electric, Inc. v. Commissioner, TC Memo 1995-292, where IRS didn’t abuse its discretion in
requiring a company to switch from a cash basis to accrual basis. Many more cases can be sited.

Jennings, Robert, “Cash or Accrual,” Journal of Accountancy, May 2001, pp. 37-39.

IRC §460(f)(1).

Rev. Rul. 70-67, 80-18, and 82-134.

Rev. Rul. 84-32.

Reg. §1.446-1(c)(1)(i), General Rule for Methods of Accounting, Permissible Methods.

Reg. §1.446-1(a)(4)(i), “in all cases in which the production …of merchandise of any kind is an
income producing factor…”

IRC §460(e)(1).

IRC §460(b)(1)(A).

IRC §460(a) as clarified under IRC§460(b).

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