Is a franchise considered section 1245 property? Not the brick and mortar but the rights to conduct business as a franchisee.

[LudwigVan_fan]

No, the payment to acquire a franchise is considered a Section 197 Intangible.  It is amortized over 15 years.

Some franchises also charge monthly, quarterly, etc. fees for advertising, etc.  These fees would be deductible.

See Pub 535 for more information

https://www.irs.gov/publications/p535#en_US_2018_publink1000208977

Franchise, trademark, or trade name.

A franchise, trademark, or trade name is a section 197 intangible. You must amortize its purchase or renewal costs, other than certain contingent payments that you can deduct currently. For information on currently deductible contingent payments, see chapter 11.