This makes it absolutely clear that "Way #2" is the IRS interpretation of the law after the TCJA passed. That is, any software-development related expenditures MUST be treated as capital expenditure and be amortized over 5 years (or 15 for foreign based work). The document explicitly states that such expenditures CANNOT be treated as ordinary expenses under Section 162 (the section that would normally allow for business expense deductions).
Having read the whole document (which I should have done before), it is absolutely clear that this is totally batshit crazy.
Another commenter alterted me to this guidance document from the IRS:
https://www.irs.gov/pub/irs-drop/n-23-63.pdf
This makes it absolutely clear that "Way #2" is the IRS interpretation of the law after the TCJA passed. That is, any software-development related expenditures MUST be treated as capital expenditure and be amortized over 5 years (or 15 for foreign based work). The document explicitly states that such expenditures CANNOT be treated as ordinary expenses under Section 162 (the section that would normally allow for business expense deductions).
Having read the whole document (which I should have done before), it is absolutely clear that this is totally batshit crazy.