IRS Requires Capitalization of Costs Incurred in Securitization Asset Gathering

The US Internal Revenue Service has released a Chief Counsel Memorandum in which it struck down a financial institution’s attempt to deduct costs incurred in gathering assets to be held in a securitization structure. The IRS required the securitizer to capitalize these costs and amortize them over the life of the acquired assets. Mark Leeds and Christian Choi of the New York Office of Mayer Brown analyze this new guidance in this Legal Update.