26 USC 168 - Accelerated cost recovery system

U.S Code last checked for updates: May 02, 2024

§ 168.

Accelerated cost recovery system

(a)

General rule

Except as otherwise provided in this section, the depreciation deduction provided by section 167(a) for any tangible property shall be determined by using—

(1)

the applicable depreciation method,

(2)

the applicable recovery period, and

(3)

the applicable convention.

(b)

Applicable depreciation method

For purposes of this section—

(1)

In general

Except as provided in paragraphs (2) and (3), the applicable depreciation method is—

(A)

the 200 percent declining balance method,

(B)

switching to the straight line method for the 1st taxable year for which using the straight line method with respect to the adjusted basis as of the beginning of such year will yield a larger allowance.

(2)

150 percent declining balance method in certain cases

Paragraph (1) shall be applied by substituting “150 percent” for “200 percent” in the case of—

(A)

any 15-year or 20-year property not referred to in paragraph (3),

(B)

any property (other than property described in paragraph (3)) which is a qualified smart electric meter or qualified smart electric grid system, or

(C)

any property (other than property described in paragraph (3)) with respect to which the taxpayer elects under paragraph (5) to have the provisions of this paragraph apply.

(3)

Property to which straight line method applies

The applicable depreciation method shall be the straight line method in the case of the following property:

(A)

Nonresidential real property.

(B)

Residential rental property.

(C)

Any railroad grading or tunnel bore.

(D)

Property with respect to which the taxpayer elects under paragraph (5) to have the provisions of this paragraph apply.

(E)

Property described in subsection (e)(3)(D)(ii).

(F)

Water utility property described in subsection (e)(5).

(G)

Qualified improvement property described in subsection (e)(6).

(4)

Salvage value treated as zero

(5)

Election

(c)

Applicable recovery period

(d)

Applicable convention

For purposes of this section—

(1)

In general

(2)

Real property

In the case of—

(A)

nonresidential real property,

(B)

residential rental property, and

(C)

any railroad grading or tunnel bore,

the applicable convention is the mid-month convention.

(3)

Special rule where substantial property placed in service during last 3 months of taxable year

(A)

In general

Except as provided in regulations, if during any taxable year—

(i)

the aggregate bases of property to which this section applies placed in service during the last 3 months of the taxable year, exceed

(ii)

40 percent of the aggregate bases of property to which this section applies placed in service during such taxable year,

the applicable convention for all property to which this section applies placed in service during such taxable year shall be the mid-quarter convention.

(B)

Certain property not taken into account

For purposes of subparagraph (A), there shall not be taken into account—

(i)

any nonresidential real property, residential rental property, and railroad grading or tunnel bore, and

(ii)

any other property placed in service and disposed of during the same taxable year.

(4)

Definitions

(A)

Half-year convention

(B)

Mid-month convention

(C)

Mid-quarter convention

(e)

Classification of property

For purposes of this section—

(1)

In general

(2)

Residential rental or nonresidential real property

(A)

Residential rental property

(i)

Residential rental property

(ii)

Definitions

For purposes of clause (i)—

(I)

the term “dwelling unit” means a house or apartment used to provide living accommodations in a building or structure, but does not include a unit in a hotel, motel, or other establishment more than one-half of the units in which are used on a transient basis, and

(II)

if any portion of the building or structure is occupied by the taxpayer, the gross rental income from such building or structure shall include the rental value of the portion so occupied.

(B)

Nonresidential real property

The term “nonresidential real property” means section 1250 property which is not—

(i)

residential rental property, or

(ii)

property with a class life of less than 27.5 years.

(3)

Classification of certain property

(A)

3-year property

The term “3-year property” includes—

(i)

any race horse—

(I)

which is placed in service before January 1, 2022, and

(II)

which is placed in service after December 31, 2021, and which is more than 2 years old at the time such horse is placed in service by such purchaser,

(ii)

any horse other than a race horse which is more than 12 years old at the time it is placed in service, and

(iii)

any qualified rent-to-own property.

(B)

5-year property

The term “5-year property” includes—

(i)

any automobile or light general purpose truck,

(ii)

any semi-conductor manufacturing equipment,

(iii)

any computer-based telephone central office switching equipment,

(iv)

any qualified technological equipment,

(v)

any section 1245 property used in connection with research and experimentation,

(vi)

any property which—

(I)

is described in subparagraph (A) of section 48(a)(3) (or would be so described if “solar or wind energy” were substituted for “solar energy” in clause (i) thereof and the last sentence of such section did not apply to such subparagraph),

(II)

is described in paragraph (15) of section 48(l) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) and has a power production capacity of not greater than 80 megawatts, or

(III)

is described in section 48(l)(3)(A)(ix) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990), and

(vii)

any machinery or equipment (other than any grain bin, cotton ginning asset, fence, or other land improvement) which is used in a farming business (as defined in section 263A(e)(4)), the original use of which commences with the taxpayer after December 31, 2017.

Nothing in any provision of law shall be construed to treat property as not being described in subclause (I) or (II) of clause (vi) by reason of being public utility property.

(C)

7-year property

The term “7-year property” includes—

(i)

any railroad track,

(ii)

any motorsports entertainment complex,

(iii)

any Alaska natural gas pipeline,

(iv)

any natural gas gathering line the original use of which commences with the taxpayer after April 11, 2005, and

(v)

any property which—

(I)

does not have a class life, and

(II)

is not otherwise classified under paragraph (2) or this paragraph.

(D)

10-year property

The term “10-year property” includes—

(i)

any single purpose agricultural or horticultural structure (within the meaning of subsection (i)(13)),

(ii)

any tree or vine bearing fruit or nuts,

(iii)

any qualified smart electric meter, and

(iv)

any qualified smart electric grid system.

(E)

15-year property

The term “15-year property” includes—

(i)

any municipal wastewater treatment plant,

(ii)

any telephone distribution plant and comparable equipment used for 2-way exchange of voice and data communications,

(iii)

any section 1250 property which is a retail motor fuels outlet (whether or not food or other convenience items are sold at the outlet),

(iv)

initial clearing and grading land improvements with respect to gas utility property,

(v)

any section 1245 property (as defined in section 1245(a)(3)) used in the transmission at 69 or more kilovolts of electricity for sale and the original use of which commences with the taxpayer after April 11, 2005,

(vi)

any natural gas distribution line the original use of which commences with the taxpayer after April 11, 2005, and which is placed in service before January 1, 2011, and

(vii)

any qualified improvement property.

(F)

20-year property

(4)

Railroad grading or tunnel bore

(5)

Water utility property

The term “water utility property” means property—

(A)

which is an integral part of the gathering, treatment, or commercial distribution of water, and which, without regard to this paragraph, would be 20-year property, and

(B)

any municipal sewer.

(6)

Qualified improvement property

(A)

In general

(B)

Certain improvements not included

Such term shall not include any improvement for which the expenditure is attributable to—

(i)

the enlargement of the building,

(ii)

any elevator or escalator, or

(iii)

the internal structural framework of the building.

(f)

Property to which section does not apply

This section shall not apply to—

(1)

Certain methods of depreciation

Any property if—

(A)

the taxpayer elects to exclude such property from the application of this section, and

(B)

for the 1st taxable year for which a depreciation deduction would be allowable with respect to such property in the hands of the taxpayer, the property is properly depreciated under the unit-of-production method or any method of depreciation not expressed in a term of years (other than the retirement-replacement-betterment method or similar method).

(2)

Certain public utility property

(3)

Films and video tape

(4)

Sound recordings

(5)

Certain property placed in service in churning transactions

(A)

In general

Property—

(i)

described in paragraph (4) of section 168(e) (as in effect before the amendments made by the Tax Reform Act of 1986), or

(ii)

which would be described in such paragraph if such paragraph were applied by substituting “1987” for “1981” and “1986” for “1980” each place such terms appear.

(B)

Subparagraph (A)(ii) not to apply

Clause (ii) of subparagraph (A) shall not apply to—

(i)

any residential rental property or nonresidential real property,

(ii)

any property if, for the 1st taxable year in which such property is placed in service—

(I)

the amount allowable as a deduction under this section (as in effect before the date of the enactment of this paragraph) with respect to such property is greater than,

(II)

the amount allowable as a deduction under this section (as in effect on or after such date and using the half-year convention) for such taxable year, or

(iii)

any property to which this section (as amended by the Tax Reform Act of 1986) applied in the hands of the transferor.

(C)

Special rule

(g)

Alternative depreciation system for certain property

(1)

In general

In the case of—

(A)

any tangible property which during the taxable year is used predominantly outside the United States,

(B)

any tax-exempt use property,

(C)

any tax-exempt bond financed property,

(D)

any imported property covered by an Executive order under paragraph (6),

(E)

any property to which an election under paragraph (7) applies,

(F)

any property described in paragraph (8), and

(G)

any property with a recovery period of 10 years or more which is held by an electing farming business (as defined in section 163(j)(7)(C)),

the depreciation deduction provided by section 167(a) shall be determined under the alternative depreciation system.

(2)

Alternative depreciation system

For purposes of paragraph (1), the alternative depreciation system is depreciation determined by using—

(A)

the straight line method (without regard to salvage value),

(B)

the applicable convention determined under subsection (d), and

(C)

a recovery period determined under the following table:

In the case of:	The recovery period shall be:
(i) Property not described in clause (ii) or (iii)	The class life.
(ii) Personal property with no class life	12 years.
(iii) Residential rental property	30 years

(3)

Special rules for determining class life

(A)

Tax-exempt use property subject to lease

(B)

Special rule for certain property assigned to classes

(C)

Qualified technological equipment

(D)

Automobiles, etc.

(E)

Certain real property

(4)

Exception for certain property used outside United States

Subparagraph (A) of paragraph (1) shall not apply to—

(A)

any aircraft which is registered by the Administrator of the Federal Aviation Agency and which is operated to and from the United States or is operated under contract with the United States;

(B)

rolling stock which is used within and without the United States and which is—

(i)

of a rail carrier subject to part A of subtitle IV of title 49, or

(ii)

of a United States person (other than a corporation described in clause (i)) but only if the rolling stock is not leased to one or more foreign persons for periods aggregating more than 12 months in any 24-month period;

(C)

any vessel documented under the laws of the United States which is operated in the foreign or domestic commerce of the United States;

(D)

any motor vehicle of a United States person (as defined in section 7701(a)(30)) which is operated to and from the United States;

(E)

any container of a United States person which is used in the transportation of property to and from the United States;

(F)

any property (other than a vessel or an aircraft) of a United States person which is used for the purpose of exploring for, developing, removing, or transporting resources from the outer Continental Shelf (within the meaning of section 2 of the Outer Continental Shelf Lands Act, as amended and supplemented; (43 U.S.C. 1331));

(G)

any property which is owned by a domestic corporation or by a United States citizen (other than a citizen entitled to the benefits of section 931 or 933) and which is used predominantly in a possession of the United States by such a corporation or such a citizen, or by a corporation created or organized in, or under the law of, a possession of the United States;

(H)

any communications satellite (as defined in section 103(3) of the Communications Satellite Act of 1962, 47 U.S.C. 702(3)), or any interest therein, of a United States person;

(I)

any cable, or any interest therein, of a domestic corporation engaged in furnishing telephone service to which section 168(i)(10)(C) applies (or of a wholly owned domestic subsidiary of such a corporation), if such cable is part of a submarine cable system which constitutes part of a communication link exclusively between the United States and one or more foreign countries;

(J)

any property (other than a vessel or an aircraft) of a United States person which is used in international or territorial waters within the northern portion of the Western Hemisphere for the purpose of exploring for, developing, removing, or transporting resources from ocean waters or deposits under such waters;

(K)

any property described in section 48(l)(3)(A)(ix) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) which is owned by a United States person and which is used in international or territorial waters to generate energy for use in the United States; and

(L)

any satellite (not described in subparagraph (H)) or other spacecraft (or any interest therein) held by a United States person if such satellite or other spacecraft was launched from within the United States.

For purposes of subparagraph (J), the term “northern portion of the Western Hemisphere” means the area lying west of the 30th meridian west of Greenwich, east of the international dateline, and north of the Equator, but not including any foreign country which is a country of South America.

(5)

Tax-exempt bond financed property

For purposes of this subsection—

(A)

In general

(B)

Allocation of bond proceeds

(C)

Qualified residential rental projects

(6)

Imported property

(A)

Countries maintaining trade restrictions or engaging in discriminatory acts

If the President determines that a foreign country—

(i)

maintains nontariff trade restrictions, including variable import fees, which substantially burden United States commerce in a manner inconsistent with provisions of trade agreements, or

(ii)

engages in discriminatory or other acts (including tolerance of international cartels) or policies unjustifiably restricting United States commerce,

the President may by Executive order provide for the application of paragraph (1)(D) to any article or class of articles manufactured or produced in such foreign country for such period as may be provided by such Executive order. Any period specified in the preceding sentence shall not apply to any property ordered before (or the construction, reconstruction, or erection of which began before) the date of the Executive order unless the President determines an earlier date to be in the public interest and specifies such date in the Executive order.

(B)

Imported property

For purposes of this subsection, the term “imported property” means any property if—

(i)

such property was completed outside the United States, or

(ii)

less than 50 percent of the basis of such property is attributable to value added within the United States.

For purposes of this subparagraph, the term “United States” includes the Commonwealth of Puerto Rico and the possessions of the United States.

(7)

Election to use alternative depreciation system

(A)

In general

(B)

Election irrevocable

(8)

Electing real property trade or business

(h)

Tax-exempt use property

(1)

In general

For purposes of this section—

(A)

Property other than nonresidential real property

(B)

Nonresidential real property

(i)

In general

(ii)

Disqualified lease

For purposes of this subparagraph, the term “disqualified lease” means any lease of the property to a tax-exempt entity, but only if—

(I)

part or all of the property was financed (directly or indirectly) by an obligation the interest on which is exempt from tax under section 103(a) and such entity (or a related entity) participated in such financing,

(II)

under such lease there is a fixed or determinable price purchase or sale option which involves such entity (or a related entity) or there is the equivalent of such an option,

(III)

such lease has a lease term in excess of 20 years, or

(IV)

such lease occurs after a sale (or other transfer) of the property by, or lease of the property from, such entity (or a related entity) and such property has been used by such entity (or a related entity) before such sale (or other transfer) or lease.

(iii)

35-percent threshold test

(iv)

Treatment of improvements

(v)

Leasebacks during 1st 3 months of use not taken into account

(C)

Exception for short-term leases

(i)

In general

(ii)

Short-term lease

For purposes of clause (i), the term “short-term lease” means any lease the term of which is—

(I)

less than 3 years, and

(II)

less than the greater of 1 year or 30 percent of the property’s present class life.

In the case of nonresidential real property and property with no present class life, subclause (II) shall not apply.

(D)

Exception where property used in unrelated trade or business

(E)

Nonresidential real property defined

(2)

Tax-exempt entity

(A)

In general

(i)

the United States, any State or political subdivision thereof, any possession of the United States, or any agency or instrumentality of any of the foregoing,

(ii)

an organization (other than a cooperative described in section 521) which is exempt from tax imposed by this chapter,

(iii)

any foreign person or entity, and

(iv)

any Indian tribal government described in section 7701(a)(40).

For purposes of applying this subsection, any Indian tribal government referred to in clause (iv) shall be treated in the same manner as a State.

(B)

Exception for certain property subject to United States tax and used by foreign person or entity

Clause (iii) of subparagraph (A) shall not apply with respect to any property if more than 50 percent of the gross income for the taxable year derived by the foreign person or entity from the use of such property is—

(i)

subject to tax under this chapter, or

(ii)

included under section 951 in the gross income of a United States shareholder for the taxable year with or within which ends the taxable year of the controlled foreign corporation in which such income was derived.

For purposes of the preceding sentence, any exclusion or exemption shall not apply for purposes of determining the amount of the gross income so derived, but shall apply for purposes of determining the portion of such gross income subject to tax under this chapter.

(C)

Foreign person or entity

For purposes of this paragraph, the term “foreign person or entity” means—

(i)

any foreign government, any international organization, or any agency or instrumentality of any of the foregoing, and

(ii)

any person who is not a United States person.

Such term does not include any foreign partnership or other foreign pass-thru entity.

(D)

Treatment of certain taxable instrumentalities

For purposes of this subsection, a corporation shall not be treated as an instrumentality of the United States or of any State or political subdivision thereof if—

(i)

all of the activities of such corporation are subject to tax under this chapter, and

(ii)

a majority of the board of directors of such corporation is not selected by the United States or any State or political subdivision thereof.

(E)

Certain previously tax-exempt organizations

(i)

In general

(ii)

Election not to have clause (i) apply

(I)

In general

(II)

Tax-exempt use period

(III)

Election

(iii)

Treatment of successor organizations

(iv)

First used

For purposes of this subparagraph, property shall be treated as first used by the organization—

(I)

when the property is first placed in service under a lease to such organization, or

(II)

in the case of property leased to (or held by) a partnership (or other pass-thru entity) in which the organization is a member, the later of when such property is first used by such partnership or pass-thru entity or when such organization is first a member of such partnership or pass-thru entity.

(3)

Special rules for certain high technology equipment

(A)

Exemption where lease term is 5 years or less

(B)

Exception for certain property

(i)

In general

For purposes of subparagraph (A), the term “qualified technological equipment” shall not include any property leased to a tax-exempt entity if—

(I)

part or all of the property was financed (directly or indirectly) by an obligation the interest on which is exempt from tax under section 103(a),

(II)

such lease occurs after a sale (or other transfer) of the property by, or lease of such property from, such entity (or related entity) and such property has been used by such entity (or a related entity) before such sale (or other transfer) or lease, or

(III)

such tax-exempt entity is the United States or any agency or instrumentality of the United States.

(ii)

Leasebacks during 1st 3 months of use not taken into account

(4)

Related entities

For purposes of this subsection—

(A)

(i)

Each governmental unit and each agency or instrumentality of a governmental unit is related to each other such unit, agency, or instrumentality which directly or indirectly derives its powers, rights, and duties in whole or in part from the same sovereign authority.

(ii)

For purposes of clause (i), the United States, each State, and each possession of the United States shall be treated as a separate sovereign authority.

(B)

Any entity not described in subparagraph (A)(i) is related to any other entity if the 2 entities have—

(i)

significant common purposes and substantial common membership, or

(ii)

directly or indirectly substantial common direction or control.

(C)

(i)

An entity is related to another entity if either entity owns (directly or through 1 or more entities) a 50 percent or greater interest in the capital or profits of the other entity.

(ii)

For purposes of clause (i), entities treated as related under subparagraph (A) or (B) shall be treated as 1 entity.

(D)

An entity is related to another entity with respect to a transaction if such transaction is part of an attempt by such entities to avoid the application of this subsection.

(5)

Tax-exempt use of property leased to partnerships, etc., determined at partner level

For purposes of this subsection—

(A)

In general

(B)

Other pass-thru entities; tiered entities

(C)

Presumption with respect to foreign entities

(6)

Treatment of property owned by partnerships, etc.

(A)

In general

For purposes of this subsection, if—

(i)

any property which (but for this subparagraph) is not tax-exempt use property is owned by a partnership which has both a tax-exempt entity and a person who is not a tax-exempt entity as partners, and

(ii)

any allocation to the tax-exempt entity of partnership items is not a qualified allocation,

an amount equal to such tax-exempt entity’s proportionate share of such property shall (except as provided in paragraph (1)(D)) be treated as tax-exempt use property.

(B)

Qualified allocation

For purposes of subparagraph (A), the term “qualified allocation” means any allocation to a tax-exempt entity which—

(i)

is consistent with such entity’s being allocated the same distributive share of each item of income, gain, loss, deduction, credit, and basis and such share remains the same during the entire period the entity is a partner in the partnership, and

(ii)

has substantial economic effect within the meaning of section 704(b)(2).

For purposes of this subparagraph, items allocated under section 704(c) shall not be taken into account.

(C)

Determination of proportionate share

(i)

In general

(ii)

Determination where allocations vary

(D)

Determination of whether property used in unrelated trade or business

(E)

Other pass-thru entities; tiered entities

(F)

Treatment of certain taxable entities

(i)

In general

(ii)

Election

If a tax-exempt controlled entity makes an election under this clause—

(I)

such entity shall not be treated as a tax-exempt entity for purposes of this paragraph and paragraph (5), and

(II)

any gain recognized by a tax-exempt entity on any disposition of an interest in such entity (and any dividend or interest received or accrued by a tax-exempt entity from such tax-exempt controlled entity) shall be treated as unrelated business taxable income for purposes of section 511.

Any such election shall be irrevocable and shall bind all tax-exempt entities holding interests in such tax-exempt controlled entity. For purposes of subclause (II), there shall only be taken into account dividends which are properly allocable to income of the tax-exempt controlled entity which was not subject to tax under this chapter.

(iii)

Tax-exempt controlled entity

(I)

In general

(II)

Only 5-percent shareholders taken into account in case of publicly traded stock

(III)

Section 318 to apply

(G)

Regulations

For purposes of determining whether there is a qualified allocation under subparagraph (B), the regulations prescribed under paragraph (8) for purposes of this paragraph—

(i)

shall set forth the proper treatment for partnership guaranteed payments, and

(ii)

may provide for the exclusion or segregation of items.

(7)

Lease

(8)

Regulations

(i)

Definitions and special rules

For purposes of this section—

(1)

Class life

(2)

Qualified technological equipment

(A)

In general

The term “qualified technological equipment” means—

(i)

any computer or peripheral equipment,

(ii)

any high technology telephone station equipment installed on the customer’s premises, and

(iii)

any high technology medical equipment.

(B)

Computer or peripheral equipment defined

For purposes of this paragraph—

(i)

In general

The term “computer or peripheral equipment” means—

(I)

any computer, and

(II)

any related peripheral equipment.

(ii)

Computer

The term “computer” means a programmable electronically activated device which—

(I)

is capable of accepting information, applying prescribed processes to the information, and supplying the results of these processes with or without human intervention, and

(II)

consists of a central processing unit containing extensive storage, logic, arithmetic, and control capabilities.

(iii)

Related peripheral equipment

(iv)

Exceptions

The term “computer or peripheral equipment” shall not include—

(I)

any equipment which is an integral part of other property which is not a computer,

(II)

typewriters, calculators, adding and accounting machines, copiers, duplicating equipment, and similar equipment, and

(III)

equipment of a kind used primarily for amusement or entertainment of the user.

(C)

High technology medical equipment

(3)

Lease term

(A)

In general

In determining a lease term—

(i)

there shall be taken into account options to renew,

(ii)

the term of a lease shall include the term of any service contract or similar arrangement (whether or not treated as a lease under section 7701(e))—

(I)

which is part of the same transaction (or series of related transactions) which includes the lease, and

(II)

which is with respect to the property subject to the lease or substantially similar property, and

(iii)

2 or more successive leases which are part of the same transaction (or a series of related transactions) with respect to the same or substantially similar property shall be treated as 1 lease.

(B)

Special rule for fair rental options on nonresidential real property or residential rental property

(4)

General asset accounts

(5)

Changes in use

(6)

Treatments of additions or improvements to property

In the case of any addition to (or improvement of) any property—

(A)

any deduction under subsection (a) for such addition or improvement shall be computed in the same manner as the deduction for such property would be computed if such property had been placed in service at the same time as such addition or improvement, and

(B)

the applicable recovery period for such addition or improvement shall begin on the later of—

(i)

the date on which such addition (or improvement) is placed in service, or

(ii)

the date on which the property with respect to which such addition (or improvement) was made is placed in service.

(7)

Treatment of certain transferees

(A)

In general

(B)

Transactions covered

The transactions described in this subparagraph are—

(i)

any transaction described in section 332, 351, 361, 721, or 731, and

(ii)

any transaction between members of the same affiliated group during any taxable year for which a consolidated return is made by such group.

(C)

Property reacquired by the taxpayer

(8)

Treatment of leasehold improvements

(A)

In general

(B)

Treatment of lessor improvements which are abandoned at termination of lease

An improvement—

(i)

which is made by the lessor of leased property for the lessee of such property, and

(ii)

which is irrevocably disposed of or abandoned by the lessor at the termination of the lease by such lessee,

shall be treated for purposes of determining gain or loss under this title as disposed of by the lessor when so disposed of or abandoned.

(C)

Cross reference

(9)

Normalization rules

(A)

In general

In order to use a normalization method of accounting with respect to any public utility property for purposes of subsection (f)(2)—

(i)

the taxpayer must, in computing its tax expense for purposes of establishing its cost of service for ratemaking purposes and reflecting operating results in its regulated books of account, use a method of depreciation with respect to such property that is the same as, and a depreciation period for such property that is no shorter than, the method and period used to compute its depreciation expense for such purposes; and

(ii)

if the amount allowable as a deduction under this section with respect to such property (respecting all elections made by the taxpayer under this section) differs from the amount that would be allowable as a deduction under section 167 using the method (including the period, first and last year convention, and salvage value) used to compute regulated tax expense under clause (i), the taxpayer must make adjustments to a reserve to reflect the deferral of taxes resulting from such difference.

(B)

Use of inconsistent estimates and projections, etc.

(i)

In general

(ii)

Use of inconsistent estimates and projections

(iii)

Regulatory authority

(C)

Public utility property which does not meet normalization rules

(10)

Public utility property

The term “public utility property” means property used predominantly in the trade or business of the furnishing or sale of—

(A)

electrical energy, water, or sewage disposal services,

(B)

gas or steam through a local distribution system,

(C)

telephone services, or other communication services if furnished or sold by the Communications Satellite Corporation for purposes authorized by the Communications Satellite Act of 1962 (47 U.S.C. 701), or

(D)

transportation of gas or steam by pipeline,

if the rates for such furnishing or sale, as the case may be, have been established or approved by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision thereof.

(11)

Research and experimentation

(12)

Section 1245 and 1250 property

(13)

Single purpose agricultural or horticultural structure

(A)

In general

The term “single purpose agricultural or horticultural structure” means—

(i)

a single purpose livestock structure, and

(ii)

a single purpose horticultural structure.

(B)

Definitions

For purposes of this paragraph—

(i)

Single purpose livestock structure

The term “single purpose livestock structure” means any enclosure or structure specifically designed, constructed, and used—

(I)

for housing, raising, and feeding a particular type of livestock and their produce, and

(II)

for housing the equipment (including any replacements) necessary for the housing, raising, and feeding referred to in subclause (I).

(ii)

Single purpose horticultural structure

The term “single purpose horticultural structure” means—

(I)

a greenhouse specifically designed, constructed, and used for the commercial production of plants, and

(II)

a structure specifically designed, constructed, and used for the commercial production of mushrooms.

(iii)

Structures which include work space

An enclosure or structure which provides work space shall be treated as a single purpose agricultural or horticultural structure only if such work space is solely for—

(I)

the stocking, caring for, or collecting of livestock or plants (as the case may be) or their produce,

(II)

the maintenance of the enclosure or structure, and

(III)

the maintenance or replacement of the equipment or stock enclosed or housed therein.

(iv)

Livestock

(14)

Qualified rent-to-own property

(A)

In general

(B)

Rent-to-own dealer

(C)

Consumer property

(D)

Rent-to-own contract

The term “rent-to-own contract” means any lease for the use of consumer property between a rent-to-own dealer and a customer who is an individual which—

(i)

is titled “Rent-to-Own Agreement” or “Lease Agreement with Ownership Option,” or uses other similar language,

(ii)

provides for level (or decreasing where no payment is less than 40 percent of the largest payment), regular periodic payments (for a payment period which is a week or month),

(iii)

provides that legal title to such property remains with the rent-to-own dealer until the customer makes all the payments described in clause (ii) or early purchase payments required under the contract to acquire legal title to the item of property,

(iv)

provides a beginning date and a maximum period of time for which the contract may be in effect that does not exceed 156 weeks or 36 months from such beginning date (including renewals or options to extend),

(v)

provides for payments within the 156-week or 36-month period that, in the aggregate, generally exceed the normal retail price of the consumer property plus interest,

provides for payments under the contract that, in the aggregate, do not exceed $10,000 per item of consumer property,

(vii)

provides that the customer does not have any legal obligation to make all the payments referred to in clause (ii) set forth under the contract, and that at the end of each payment period the customer may either continue to use the consumer property by making the payment for the next payment period or return such property to the rent-to-own dealer in good working order, in which case the customer does not incur any further obligations under the contract and is not entitled to a return of any payments previously made under the contract, and

(viii)

provides that the customer has no right to sell, sublease, mortgage, pawn, pledge, encumber, or otherwise dispose of the consumer property until all the payments stated in the contract have been made.

(15)

Motorsports entertainment complex

(A)

In general

The term “motorsports entertainment complex” means a racing track facility which—

(i)

is permanently situated on land, and

(ii)

during the 36-month period following the first day of the month in which the asset is placed in service, hosts 1 or more racing events for automobiles (of any type), trucks, or motorcycles which are open to the public for the price of admission.

(B)

Ancillary and support facilities

Such term shall include, if owned by the taxpayer who owns the complex and provided for the benefit of patrons of the complex—

(i)

ancillary facilities and land improvements in support of the complex’s activities (including parking lots, sidewalks, waterways, bridges, fences, and landscaping),

(ii)

support facilities (including food and beverage retailing, souvenir vending, and other nonlodging accommodations), and

(iii)

appurtenances associated with such facilities and related attractions and amusements (including ticket booths, race track surfaces, suites and hospitality facilities, grandstands and viewing structures, props, walls, facilities that support the delivery of entertainment services, other special purpose structures, facades, shop interiors, and buildings).

(C)

Exception

(D)

Termination

(16)

Alaska natural gas pipeline

The term “Alaska natural gas pipeline” means the natural gas pipeline system located in the State of Alaska which—

(A)

has a capacity of more than 500,000,000,000 Btu of natural gas per day, and

(B)

is—

(i)

placed in service after December 31, 2013, or

(ii)

treated as placed in service on January 1, 2014, if the taxpayer who places such system in service before January 1, 2014, elects such treatment.

Such term includes the pipe, trunk lines, related equipment, and appurtenances used to carry natural gas, but does not include any gas processing plant.

(17)

Natural gas gathering line

The term “natural gas gathering line” means—

(A)

the pipe, equipment, and appurtenances determined to be a gathering line by the Federal Energy Regulatory Commission, and

(B)

the pipe, equipment, and appurtenances used to deliver natural gas from the wellhead or a commonpoint to the point at which such gas first reaches—

(i)

a gas processing plant,

(ii)

an interconnection with a transmission pipeline for which a certificate as an interstate transmission pipeline has been issued by the Federal Energy Regulatory Commission,

(iii)

an interconnection with an intrastate transmission pipeline, or

(iv)

a direct interconnection with a local distribution company, a gas storage facility, or an industrial consumer.

(18)

Qualified smart electric meters

(A)

In general

The term “qualified smart electric meter” means any smart electric meter which—

(i)

is placed in service by a taxpayer who is a supplier of electric energy or a provider of electric energy services, and

(ii)

does not have a class life (determined without regard to subsection (e)) of less than 16 years.

(B)

Smart electric meter

For purposes of subparagraph (A), the term “smart electric meter” means any time-based meter and related communication equipment which is capable of being used by the taxpayer as part of a system that—

(i)

measures and records electricity usage data on a time-differentiated basis in at least 24 separate time segments per day,

(ii)

provides for the exchange of information between supplier or provider and the customer’s electric meter in support of time-based rates or other forms of demand response,

(iii)

provides data to such supplier or provider so that the supplier or provider can provide energy usage information to customers electronically, and

(iv)

provides net metering.

(19)

Qualified smart electric grid systems

(A)

In general

The term “qualified smart electric grid system” means any smart grid property which—

(i)

is used as part of a system for electric distribution grid communications, monitoring, and management placed in service by a taxpayer who is a supplier of electric energy or a provider of electric energy services, and

(ii)

does not have a class life (determined without regard to subsection (e)) of less than 16 years.

(B)

Smart grid property

For the purposes of subparagraph (A), the term “smart grid property” means electronics and related equipment that is capable of—

(i)

sensing, collecting, and monitoring data of or from all portions of a utility’s electric distribution grid,

(ii)

providing real-time, two-way communications to monitor or manage such grid, and

(iii)

providing real time analysis of and event prediction based upon collected data that can be used to improve electric distribution system reliability, quality, and performance.

(j)

Property on Indian reservations

(1)

In general

(2)

Applicable recovery period for Indian reservation property

(3)

Deduction allowed in computing minimum tax

(4)

Qualified Indian reservation property defined

For purposes of this subsection—

(A)

In general

The term “qualified Indian reservation property” means property which is property described in the table in paragraph (2) and which is—

(i)

used by the taxpayer predominantly in the active conduct of a trade or business within an Indian reservation,

(ii)

not used or located outside the Indian reservation on a regular basis,

(iii)

not acquired (directly or indirectly) by the taxpayer from a person who is related to the taxpayer (within the meaning of section 465(b)(3)(C)), and

(iv)

not property (or any portion thereof) placed in service for purposes of conducting or housing class I, II, or III gaming (as defined in section 4 of the Indian Regulatory Act (25 U.S.C. 2703)).

(B)

Exception for alternative depreciation property

The term “qualified Indian reservation property” does not include any property to which the alternative depreciation system under subsection (g) applies, determined—

(i)

without regard to subsection (g)(7) (relating to election to use alternative depreciation system), and

(ii)

after the application of section 280F(b) (relating to listed property with limited business use).

(C)

Special rule for reservation infrastructure investment

(i)

In general

(ii)

Qualified infrastructure property

For purposes of this subparagraph, the term “qualified infrastructure property” means qualified Indian reservation property (determined without regard to subparagraph (A)(ii)) which—

(I)

benefits the tribal infrastructure,

(II)

is available to the general public, and

(III)

is placed in service in connection with the taxpayer’s active conduct of a trade or business within an Indian reservation.

Such term includes, but is not limited to, roads, power lines, water systems, railroad spurs, and communications facilities.

(5)

Real estate rentals

(6)

Indian reservation defined

For purposes of this subsection, the term “Indian reservation” means a reservation, as defined in—

(A)

section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)), or

(B)

section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)).

For purposes of the preceding sentence, such section 3(d) shall be applied by treating the term “former Indian reservations in Oklahoma” as including only lands which are within the jurisdictional area of an Oklahoma Indian tribe (as determined by the Secretary of the Interior) and are recognized by such Secretary as eligible for trust land status under 25 CFR Part 151 (as in effect on the date of the enactment of this sentence).

(7)

Coordination with nonrevenue laws

(8)

Election out

(9)

Termination

(k)

Special allowance for certain property

(1)

Additional allowance

In the case of any qualified property—

(A)

the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to the applicable percentage of the adjusted basis of the qualified property, and

(B)

the adjusted basis of the qualified property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year.

(2)

Qualified property

For purposes of this subsection—

(A)

In general

The term “qualified property” means property—

(i)

(I)

to which this section applies which has a recovery period of 20 years or less,

(II)

which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection,

(III)

which is water utility property, or 2

 So in original. The word “or” probably should not appear.

(IV)

which is a qualified film or television production (as defined in subsection (d) of section 181) for which a deduction would have been allowable under section 181 without regard to subsections (a)(2) and (g) of such section or this subsection, or

(V)

which is a qualified live theatrical production (as defined in subsection (e) of section 181) for which a deduction would have been allowable under section 181 without regard to subsections (a)(2) and (g) of such section or this subsection,

(ii)

the original use of which begins with the taxpayer or the acquisition of which by the taxpayer meets the requirements of clause (ii) of subparagraph (E), and

(iii)

which is placed in service by the taxpayer before January 1, 2027.

(B)

Certain property having longer production periods treated as qualified property

(i)

In general

The term “qualified property” includes any property if such property—

(I)

meets the requirements of clauses (i) and (ii) of subparagraph (A),

(II)

is placed in service by the taxpayer before January 1, 2028,

(III)

is acquired by the taxpayer (or acquired pursuant to a written binding contract entered into) before January 1, 2027,

(IV)

has a recovery period of at least 10 years or is transportation property,

(V)

is subject to section 263A, and

(VI)

meets the requirements of clause (iii) of section 263A(f)(1)(B) (determined as if such clause also applies to property which has a long useful life (within the meaning of section 263A(f))).

(ii)

Only pre-January 1, 2027 basis eligible for additional allowance

(iii)

Transportation property

(iv)

Application of subparagraph

(C)

Certain aircraft

The term “qualified property” includes property—

(i)

which meets the requirements of subparagraph (A)(ii) and subclauses (II) and (III) of subparagraph (B)(i),

(ii)

which is an aircraft which is not a transportation property (as defined in subparagraph (B)(iii)) other than for agricultural or firefighting purposes,

(iii)

which is purchased and on which such purchaser, at the time of the contract for purchase, has made a nonrefundable deposit of the lesser of—

(I)

10 percent of the cost, or

(II)

$100,000, and

(iv)

which has—

(I)

an estimated production period exceeding 4 months, and

(II)

a cost exceeding $200,000.

(D)

Exception for alternative depreciation property

The term “qualified property” shall not include any property to which the alternative depreciation system under subsection (g) applies, determined—

(i)

without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and

(ii)

after application of section 280F(b) (relating to listed property with limited business use).

(E)

Special rules

(i)

Self-constructed property

(ii)

Acquisition requirements

An acquisition of property meets the requirements of this clause if—

(I)

such property was not used by the taxpayer at any time prior to such acquisition, and

(II)

the acquisition of such property meets the requirements of paragraphs (2)(A), (2)(B), (2)(C), and (3) of section 179(d).

(iii)

Syndication

For purposes of subparagraph (A)(ii), if—

(I)

property is used by a lessor of such property and such use is the lessor’s first use of such property,

(II)

such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and

(III)

the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service,

such property shall be treated as originally placed in service not earlier than the date of such last sale.

(F)

Coordination with section 280F

For purposes of section 280F—

(i)

Automobiles

(ii)

Listed property

(iii)

Phase down

In the case of a passenger automobile acquired by the taxpayer before September 28, 2017, and placed in service by the taxpayer after September 27, 2017, clause (i) shall be applied by substituting for “$8,000”—

(I)

in the case of an automobile placed in service during 2018, $6,400, and

(II)

in the case of an automobile placed in service during 2019, $4,800.

(G)

Deduction allowed in computing minimum tax

(H)

Production placed in service

For purposes of subparagraph (A)—

(i)

a qualified film or television production shall be considered to be placed in service at the time of initial release or broadcast, and

(ii)

a qualified live theatrical production shall be considered to be placed in service at the time of the initial live staged performance.

[(3)

Repealed. Pub. L. 115–97, title I, § 13204(a)(4)(B)(ii), Dec. 22, 2017, 131 Stat. 2111]

[(4)

Repealed. Pub. L. 115–97, title I, § 12001(b)(13), Dec. 22, 2017, 131 Stat. 2094]

(5)

Special rules for certain plants bearing fruits and nuts

(A)

In general

In the case of any specified plant which is planted before January 1, 2027, or is grafted before such date to a plant that has already been planted, by the taxpayer in the ordinary course of the taxpayer’s farming business (as defined in section 263A(e)(4)) during a taxable year for which the taxpayer has elected the application of this paragraph—

(i)

a depreciation deduction equal to the applicable percentage of the adjusted basis of such specified plant shall be allowed under section 167(a) for the taxable year in which such specified plant is so planted or grafted, and

(ii)

the adjusted basis of such specified plant shall be reduced by the amount of such deduction.

(B)

Specified plant

For purposes of this paragraph, the term “specified plant” means—

(i)

any tree or vine which bears fruits or nuts, and

(ii)

any other plant which will have more than one crop or yield of fruits or nuts and which generally has a pre-productive period of more than 2 years from the time of planting or grafting to the time at which such plant begins bearing a marketable crop or yield of fruits or nuts.

Such term shall not include any property which is planted or grafted outside of the United States.

(C)

Election revocable only with consent

(D)

Additional depreciation may be claimed only once

(E)

Deduction allowed in computing minimum tax

(6)

Applicable percentage

For purposes of this subsection—

(A)

In general

Except as otherwise provided in this paragraph, the term “applicable percentage” means—

(i)

in the case of property placed in service after September 27, 2017, and before January 1, 2023, 100 percent,

(ii)

in the case of property placed in service after December 31, 2022, and before January 1, 2024, 80 percent,

(iii)

in the case of property placed in service after December 31, 2023, and before January 1, 2025, 60 percent,

(iv)

in the case of property placed in service after December 31, 2024, and before January 1, 2026, 40 percent, and

(v)

in the case of property placed in service after December 31, 2025, and before January 1, 2027, 20 percent.

(B)

Rule for property with longer production periods

In the case of property described in subparagraph (B) or (C) of paragraph (2), the term “applicable percentage” means—

(i)

in the case of property placed in service after September 27, 2017, and before January 1, 2024, 100 percent,

(ii)

in the case of property placed in service after December 31, 2023, and before January 1, 2025, 80 percent,

(iii)

in the case of property placed in service after December 31, 2024, and before January 1, 2026, 60 percent,

(iv)

in the case of property placed in service after December 31, 2025, and before January 1, 2027, 40 percent, and

(v)

in the case of property placed in service after December 31, 2026, and before January 1, 2028, 20 percent.

(C)

Rule for plants bearing fruits and nuts

In the case of a specified plant described in paragraph (5), the term “applicable percentage” means—

(i)

in the case of a plant which is planted or grafted after September 27, 2017, and before January 1, 2023, 100 percent,

(ii)

in the case of a plant which is planted or grafted after December 31, 2022, and before January 1, 2024, 80 percent,

(iii)

in the case of a plant which is planted or grafted after December 31, 2023, and before January 1, 2025, 60 percent,

(iv)

in the case of a plant which is planted or grafted after December 31, 2024, and before January 1, 2026, 40 percent, and

(v)

in the case of a plant which is planted or grafted after December 31, 2025, and before January 1, 2027, 20 percent.

(7)

Election out

(8)

Phase down

In the case of qualified property acquired by the taxpayer before September 28, 2017, and placed in service by the taxpayer after September 27, 2017, paragraph (6) shall be applied by substituting for each percentage therein—

(A)

“50 percent” in the case of—

(i)

property placed in service before January 1, 2018, and

(ii)

property described in subparagraph (B) or (C) of paragraph (2) which is placed in service in 2018,

(B)

“40 percent” in the case of—

(i)

property placed in service in 2018 (other than property described in subparagraph (B) or (C) of paragraph (2)), and

(ii)

property described in subparagraph (B) or (C) of paragraph (2) which is placed in service in 2019,

(C)

“30 percent” in the case of—

(i)

property placed in service in 2019 (other than property described in subparagraph (B) or (C) of paragraph (2)), and

(ii)

property described in subparagraph (B) or (C) of paragraph (2) which is placed in service in 2020, and

(D)

“0 percent” in the case of—

(i)

property placed in service after 2019 (other than property described in subparagraph (B) or (C) of paragraph (2)), and

(ii)

property described in subparagraph (B) or (C) of paragraph (2) which is placed in service after 2020.

(9)

Exception for certain property

The term “qualified property” shall not include—

(A)

any property which is primarily used in a trade or business described in clause (iv) of section 163(j)(7)(A), or

(B)

any property used in a trade or business that has had floor plan financing indebtedness (as defined in paragraph (9) of section 163(j)), if the floor plan financing interest related to such indebtedness was taken into account under paragraph (1)(C) of such section.

(10)

Special rule for property placed in service during certain periods

(A)

In general

(B)

Form of election

(l)

Special allowance for second generation biofuel plant property

(1)

Additional allowance

In the case of any qualified second generation biofuel plant property—

(A)

the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 50 percent of the adjusted basis of such property, and

(B)

the adjusted basis of such property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year.

(2)

Qualified second generation biofuel plant property

The term “qualified second generation biofuel plant property” means property of a character subject to the allowance for depreciation—

(A)

which is used in the United States solely to produce second generation biofuel (as defined in section 40(b)(6)(E)),

(B)

the original use of which commences with the taxpayer after the date of the enactment of this subsection,

(C)

which is acquired by the taxpayer by purchase (as defined in section 179(d)) after the date of the enactment of this subsection, but only if no written binding contract for the acquisition was in effect on or before the date of the enactment of this subsection, and

(D)

which is placed in service by the taxpayer before January 1, 2021.

(3)

Exceptions

(A)

Bonus depreciation property under subsection (k)

(B)

Alternative depreciation property

(C)

Tax-exempt bond-financed property

(D)

Election out

(4)

Special rules

(5)

Allowance against alternative minimum tax

(6)

Recapture

(7)

Denial of double benefit

(m)

Special allowance for certain reuse and recycling property

(1)

In general

In the case of any qualified reuse and recycling property—

(A)

(B)

the adjusted basis of the qualified reuse and recycling property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year.

(2)

Qualified reuse and recycling property

For purposes of this subsection—

(A)

In general

The term “qualified reuse and recycling property” means any reuse and recycling property—

(i)

to which this section applies,

(ii)

which has a useful life of at least 5 years,

(iii)

the original use of which commences with the taxpayer after August 31, 2008, and

(iv)

which is—

(I)

acquired by purchase (as defined in section 179(d)(2)) by the taxpayer after August 31, 2008, but only if no written binding contract for the acquisition was in effect before September 1, 2008, or

(II)

acquired by the taxpayer pursuant to a written binding contract which was entered into after August 31, 2008.

(B)

Exceptions

(i)

Bonus depreciation property under subsection (k)

(ii)

Alternative depreciation property

(iii)

Election out

(C)

Special rule for self-constructed property

(D)

Deduction allowed in computing minimum tax

(3)

Definitions

For purposes of this subsection—

(A)

Reuse and recycling property

(i)

In general

(ii)

Exclusion

(B)

Qualified reuse and recyclable materials

(i)

In general

(ii)

Electronic scrap

For purposes of clause (i), the term “electronic scrap” means—

(I)

any cathode ray tube, flat panel screen, or similar video display device with a screen size greater than 4 inches measured diagonally, or

(II)

any central processing unit.

(C)

Recycling or recycle

(Added Pub. L. 97–34, title II, § 201(a), Aug. 13, 1981, 95 Stat. 203; amended Pub. L. 97–248, title II, §§ 206, 208(a)(1), (2)(A), (b), 209(a), (b), 216(a), 224(c)(1), (2), Sept. 3, 1982, 96 Stat. 431, 432, 435, 442, 445, 470, 489; Pub. L. 97–354, § 5(a)(19), (20), Oct. 19, 1982, 96 Stat. 1693, 1694; Pub. L. 97–424, title V, § 541(a)(1), Jan. 6, 1983, 96 Stat. 2192; Pub. L. 97–448, title I, § 102(a)(1)–(5), (8)–(10)(A), (f)(4), Jan. 12, 1983, 96 Stat. 2367, 2368, 2371; Pub. L. 98–369, div. A, title I, §§ 12(a)(3), 31(a), (d), 32(a), 111(a)–(e)(4), (9), 113(a)(2), (b)(1), (2)(A), title IV, § 474(r)(7), title VI, §§ 612(e)(4), (5), 628(b), July 18, 1984, 98 Stat. 503, 509, 518, 530, 631–633, 636, 637, 840, 912, 931; Pub. L. 99–121, title I, § 103(a), (b)(1)(A), (2)–(4), Oct. 11, 1985, 99 Stat. 509; Pub. L. 99–514, title II, § 201(a), title XVIII, §§ 1802(a)(1)–(2)(E)(i), (G), (3), (4)(A), (B), (7), (b)(1), 1809(a)(1)–(2)(C)(i), (4)(A), (B), (b)(1), (2), Oct. 22, 1986, 100 Stat. 2121, 2786–2789, 2791, 2818–2821; Pub. L. 100–647, title I, §§ 1002(a)(5)–(8), (11), (16)(B), (21), (23)(A), (i)(2)(A)–(G), 1018(b)(2), title VI, §§ 6027(a), (b), 6028(a), 6029(a)–(c), 6253, Nov. 10, 1988, 102 Stat. 3353–3356, 3370, 3371, 3577, 3693, 3694, 3753; Pub. L. 101–239, title VII, § 7816(e), (f), (w), Dec. 19, 1989, 103 Stat. 2421, 2423; Pub. L. 101–508, title XI, §§ 11801(c)(8)(B), 11812(b)(2), 11813(b)(9), Nov. 5, 1990, 104 Stat. 1388–524, 1388–534, 1388–552; Pub. L. 103–66, title XIII, §§ 13151(a), 13321(a), Aug. 10, 1993, 107 Stat. 448, 558; Pub. L. 104–88, title III, § 304(a), Dec. 29, 1995, 109 Stat. 943; Pub. L. 104–188, title I, §§ 1120(a), (b), 1121(a), 1613(b)(1)–(4), 1702(h)(1), 1704(t)(54), Aug. 20, 1996, 110 Stat. 1765, 1766, 1850, 1873, 1890; Pub. L. 105–34, title X, § 1086(b), title XII, § 1213(c), title XVI, § 1604(c)(1), Aug. 5, 1997, 111 Stat. 957, 1001, 1097; Pub. L. 105–206, title VI, § 6006(b), July 22, 1998, 112 Stat. 806; Pub. L. 107–147, title I, § 101(a), title VI, § 613(b), Mar. 9, 2002, 116 Stat. 22, 61; Pub. L. 108–27, title II, § 201(a)–(c)(1), May 28, 2003, 117 Stat. 756, 757; Pub. L. 108–311, title III, § 316, title IV, §§ 403(a), 408(a)(6), (8), Oct. 4, 2004, 118 Stat. 1181, 1186, 1191; Pub. L. 108–357, title II, § 211(a)–(e), title III, §§ 336(a), (b), 337(a), title VII, §§ 704(a), (b), 706(a)–(c), title VIII, §§ 847(a), (c)–(e), 901(a)–(c), Oct. 22, 2004, 118 Stat. 1429, 1430, 1479, 1480, 1548–1550, 1601, 1602, 1650; Pub. L. 109–58, title XIII, §§ 1301(f)(5), 1308(a), (b), 1325(a), (b), 1326(a)–(c), Aug. 8, 2005, 119 Stat. 990, 1006, 1016, 1017; Pub. L. 109–135, title IV, §§ 403(j), 405(a)(1), 410(a), 412(s), Dec. 21, 2005, 119 Stat. 2625, 2634, 2636, 2638; Pub. L. 109–432, div. A, title I, §§ 112(a), 113(a), title II, § 209(a), Dec. 20, 2006, 120 Stat. 2940, 2946; Pub. L. 110–172, § 11(b)(1), Dec. 29, 2007, 121 Stat. 2488; Pub. L. 110–185, title I, § 103(a)–(c)(7), (11), (12), Feb. 13, 2008, 122 Stat. 618, 619; Pub. L. 110–234, title XV, § 15344(a), May 22, 2008, 122 Stat. 1520; Pub. L. 110–246, § 4(a), title XV, § 15344(a), June 18, 2008, 122 Stat. 1664, 2282; Pub. L. 110–289, div. C, title III, § 3081(a), July 30, 2008, 122 Stat. 2903; Pub. L. 110–343, div. B, title II, § 201(a), (b), title III, §§ 306(a)–(c), 308(a), div. C, title III, §§ 305(a)(1), (b)(1), (c)(1)–(4), 315(a), 317(a), title V, § 505(a), (b), title VII, § 710(a), Oct. 3, 2008, 122 Stat. 3832, 3848, 3849, 3867, 3868, 3872, 3873, 3879, 3926; Pub. L. 111–5, div. B, title I, § 1201(a)(1), (2)(A)–(D), (3)(A), (b)(1), Feb. 17, 2009, 123 Stat. 333, 334; Pub. L. 111–240, title II, § 2022(a)–(b)(5), Sept. 27, 2010, 124 Stat. 2558; Pub. L. 111–312, title IV, § 401(a)–(d)(5), title VII, §§ 737(a)–(b)(2), 738(a), 739(a), Dec. 17, 2010, 124 Stat. 3304–3306, 3318, 3319; Pub. L. 112–240, title III, §§ 311(a), 312(a), 313(a), 331(a), (c)–(e)(3), title IV, § 410(a)(1), (b)(1), (2), Jan. 2, 2013, 126 Stat. 2330, 2335–2337, 2342, 2343; Pub. L. 113–295, div. A, title I, §§ 121(a), 122(a), 123(a), 124(a), 125(a), (c)–(d)(3), 157(a), title II, §§ 202(e), 210(c), (d), (g)(2), 211(b), 212(b), 214(b), Dec. 19, 2014, 128 Stat. 4015–4017, 4022, 4024, 4031–4034; Pub. L. 114–113, div. Q, title I, §§ 123(a), (b), 143(a)(1), (3), (4), (b)(1)–(6)(G), (J), 165(a), 166(a), 167(a), (b), 189(a), Dec. 18, 2015, 129 Stat. 3052, 3056–3064, 3067, 3075; Pub. L. 115–97, title I, §§ 12001(b)(13), 13201(a), (b)(1), (2)(B)–(g), 13203(a), (b), 13204(a), 13205(a), 13504(b)(1), Dec. 22, 2017, 131 Stat. 2094, 2105–2109, 2111, 2142; Pub. L. 115–123, div. D, title I, §§ 40304(a), 40305(a), 40306(a), 40412(a), Feb. 9, 2018, 132 Stat. 146, 151; Pub. L. 115–141, div. U, title I, § 101(d)(1), (2), (e), title III, § 302(a), title IV, § 401(a)(49), (50), (b)(13)(A), (d)(1)(D)(iv), Mar. 23, 2018, 132 Stat. 1160, 1161, 1184, 1186, 1202, 1207; Pub. L. 116–94, div. Q, title I, §§ 114(a), 115(a), 116(a), 130(a), Dec. 20, 2019, 133 Stat. 3229, 3232; Pub. L. 116–136, div. A, title II, § 2307(a), Mar. 27, 2020, 134 Stat. 359; Pub. L. 116–260, div. EE, title I, §§ 115(a), 137(a), 138(a), Dec. 27, 2020, 134 Stat. 3050, 3053, 3054; Pub. L. 117–169, title I, § 13703(a), Aug. 16, 2022, 136 Stat. 1997.)

cite as: 26 USC 168

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