The
construction industry is experiencing a major change with the recent tax
updates. The recently enacted One Big Beautiful Bill Act (P.L. 119-21) expands
the Completed Contract Method (CCM) of accounting to residential construction
contracts, significantly broadening who can defer income recognition under
Internal Revenue Code (IRC) §460. Under this act, construction of apartments
with more than four units, condominiums, townhouses, senior living, student
housing, and mixed-use building developments all qualify as a residential
construction contract. This change, effective for contracts entered into in tax
years beginning after July 4, 2025, allows many residential builders and
developers to use CCM for the first time, potentially reducing tax burdens and
improving cash flow.
What Is the Completed Contract Method?
Under
the Completed Contract Method, taxpayers recognize all contract revenue and
costs only when the project is complete. This deferral method contrasts with
the Percentage-of-Completion Method (PCM), which requires income to be
recognized as work progresses. Historically, CCM has been limited to small
construction contracts and home construction contracts. Small construction
contracts are contracts that meet two criteria: the contract is expected to
finish within two years, and contracts that meet the $25 million gross receipts
test. Home construction contracts are projects where at least 80% of costs
relate to buildings with four or fewer dwelling units such as single-family
homes or small townhome clusters. This meant that builders of larger
multifamily or apartment projects typically had to use PCM, recognizing taxable
income long before receiving payment or project completion.
What the OBBBA Expansion Act Changes
The
One Big Beautiful Bill Act expands IRC §460(e)(1) to include residential
construction contracts in the list of contracts exempt from the long-term
contract rules. Residential construction
contracts are those in which at least 80% of the total project costs are
expected to come from building, rebuilding, or improving dwelling units such as
apartment buildings, condominiums, or other multi-unit housing, as well as from
improvements directly connected to those dwellings. In other words, projects
with more than four dwelling units, which were previously required to use PCM,
may now qualify for CCM beginning with contracts entered into after July 4,
2025.
Why This Matters
The
ability to use the Completed Contract Method gives residential builders greater
timing flexibility for income recognition and potential tax deferral. By
allowing income to be recognized only at project completion, CCM improves cash
flow by deferring income taxes until the end of the contract and aligns taxable
income more closely with actual receipts. It can also simplify accounting since
revenue and costs are recognized together rather than progressively, and it may
reduce volatility in annual taxable income for large, multi-year developments.
While CCM can be advantageous, it must be applied consistently to all
qualifying contracts, and certain alternative minimum tax (AMT) rules may still
require PCM adjustments. However, beginning after July 4, 2025, residential
construction contracts are excluded from the AMT PCM requirement, further
enhancing the value of this expansion.
Planning Considerations
Contractors
and developers should begin preparing now to take advantage of the new rules.
It is important to identify which future projects may qualify as residential
construction contracts under the updated definition and to model the potential
tax impact of switching from PCM to CCM. When the new law becomes effective,
taxpayers may need to file a change in accounting method with the IRS, which
will likely be allowed under automatic change procedures. Additionally,
contractors should coordinate with lenders, bonding agents, and other
stakeholders to ensure that financial reporting requirements are consistent
with any method change.
What This Means for You
The
One Big Beautiful Bill Act's expansion of the Completed Contract Method marks a
meaningful shift for the residential construction sector. By extending CCM to
projects with more than four dwelling units, this act offers contractors new
opportunities to manage taxable income and align revenue recognition with
project completion. Contact HLB Gross Collins today to evaluate how this
expansion could improve tax efficiency and cash flow management for upcoming
projects in your company.