Buying into a franchise can be an excellent way to start a business with an established brand and support system. However, the payments made to a franchisor come with a unique and often misunderstood tax treatment. The large initial franchise fee is handled very differently from the ongoing royalty payments.
For accountants and business owners, knowing how to categorize these distinct costs is essential for tax compliance. One is a capital expenditure recovered over 15 years, while the other is a currently deductible business expense. This guide clarifies the IRS rules for both types of franchise payments.
The tax treatment of a franchise fee depends entirely on its purpose. There are two primary categories of payments, each with its own set of rules.
The one-time fee you pay to acquire a franchise is not a currently deductible expense. IRS Publication 535 classifies a franchise as a Section 197 Intangible. This means the initial fee must be capitalized and then amortized (deducted in equal amounts) over a 15-year period.
The recurring payments you make to the franchisor, typically calculated as a percentage of sales, are considered an ordinary and necessary business expense. These can be deducted in the year you pay or incur them.
Correctly distinguishing between the initial investment and ongoing operational costs is the most critical step.
The cost of acquiring a franchise must be amortized ratably over 180 months (15 years), beginning with the month you start your business. You cannot deduct this large upfront cost in a single year. This amortization is mandatory for Section 197 intangibles, such as franchises.
Ongoing royalty payments are handled differently. IRS Publication 535 explains that you can deduct payments for a franchise if they are contingent on the productivity, use, or disposition of the item. Most franchise royalty payments, which are based on a percentage of sales, fit this description and are therefore fully deductible as a current business expense.
It is important not to confuse franchise fees (payments to a franchisor) with franchise taxes. As noted in IRS Publication 535, corporate franchise taxes are amounts paid to a state or local government and are deductible as a tax, not a royalty.
The reporting for franchise payments depends entirely on whether it is the initial fee or an ongoing royalty.
You must keep detailed records to substantiate all franchise-related payments. Supporting documents should include:
Fyle helps you manage both the large initial investment and the recurring royalty payments, ensuring every cost is captured, coded, and compliant.