
Patent and Trademark Costs: What to Expense, What to Capitalize, and What to Amortize
R&D is expensed even when it succeeds; only patent registration fees capitalize and amortize, while trademarks sit unamortized until impaired.
#legal
Legal considerations for business finance and accounting compliance

R&D is expensed even when it succeeds; only patent registration fees capitalize and amortize, while trademarks sit unamortized until impaired.

The IRS taxes what your transaction actually did, not what the paperwork called it — an undocumented shareholder loan becomes a taxable dividend.

Legal fees are deductible only when the underlying claim arose from your business — what losing would cost you is irrelevant.

Under UCC 2-601, buyers may reject goods that fail the contract in any respect — unless the seller cures or the deal is an installment contract.

A promise without a contract binds when you reasonably relied on it to your detriment — but recovery covers reliance costs only, so confirm deals in writing.

Extra terms in an acknowledgment enter the contract between merchants unless objected to — but conflicting terms knock each other out.

A requirements contract quantity is whatever you genuinely need; UCC 2-306 polices it with good faith and a ban on orders far from the estimate.

Bizee renews at $149/yr, ZenBusiness at $199, LegalZoom at $249 — compare free first years, compliance dashboards, and report filing before you buy.

A payment guaranty lets the lender sue you first without touching the borrower; a collection guaranty forces it to sue the company first.

Appraisal rights let a dissenting shareholder refuse the deal price and take court-determined fair value instead — with no minority discount.

The business judgment rule presumes directors acted informed and in good faith — honest mistakes stay protected; fraud, conflicts, and gross negligence don't.

A revocable trust avoids probate but stays in your Federal taxable estate; an irrevocable trust removes assets from it — at the price of control.