26 USC 57 - Items of tax preference

U.S Code last checked for updates: Dec 04, 2025

§ 57.

Items of tax preference

(a)

General rule

For purposes of this part, the items of tax preference determined under this section are—

(1)

Depletion

(2)

Intangible drilling costs

(A)

In general

(B)

Excess intangible drilling costs

For purposes of subparagraph (A), the amount of the excess intangible drilling costs arising in the taxable year is the excess of—

(i)

the intangible drilling and development costs paid or incurred in connection with oil, gas, and geothermal wells (other than costs incurred in drilling a nonproductive well) allowable under section 263(c) or 291(b) for the taxable year, over

(ii)

the amount which would have been allowable for the taxable year if such costs had been capitalized and straight line recovery of intangibles (as defined in subsection (b)) had been used with respect to such costs.

(C)

Net income from oil, gas, and geothermal properties

For purposes of subparagraph (A), the amount of the net income of the taxpayer from oil, gas, and geothermal properties for the taxable year is the excess of—

(i)

the aggregate amount of gross income (within the meaning of section 613(a)) from all oil, gas, and geothermal properties of the taxpayer received or accrued by the taxpayer during the taxable year, over

(ii)

the amount of any deductions allocable to such properties reduced by the excess described in subparagraph (B) for such taxable year.

(D)

Paragraph applied separately with respect to geothermal properties and oil and gas properties

This paragraph shall be applied separately with respect to—

(i)

all oil and gas properties which are not described in clause (ii), and

(ii)

all properties which are geothermal deposits (as defined in section 613(e)(2)).

(E)

Exception for independent producers

In the case of any oil or gas well—

(i)

In general

(ii)

Limitation on benefit

[(3)

Repealed. Pub. L. 100–647, title I, § 1007(b)(14)(B), Nov. 10, 1988, 102 Stat. 3430]

[(4)

Repealed. Pub. L. 104–188, title I, § 1616(b)(3), Aug. 20, 1996, 110 Stat. 1856]

(5)

Tax-exempt interest

(A)

In general

(B)

Treatment of exempt-interest dividends

(C)

Specified private activity bonds

(i)

In general

(ii)

Exception for qualified 501(c)(3) bonds

(iii)

Exception for certain housing bonds

For purposes of clause (i), the term “private activity bond” shall not include any bond issued after the date of the enactment of this clause if such bond is—

(I)

an exempt facility bond issued as part of an issue 95 percent or more of the net proceeds of which are to be used to provide qualified residential rental projects (as defined in section 142(d)),

(II)

a qualified mortgage bond (as defined in section 143(a)), or

(III)

a qualified veterans’ mortgage bond (as defined in section 143(b)).

The preceding sentence shall not apply to any refunding bond unless such preceding sentence applied to the refunded bond (or in the case of a series of refundings, the original bond).

(iv)

Exception for refundings

(v)

Certain bonds issued before September 1, 1986

For purposes of this subparagraph, a bond issued before September 1, 1986, shall be treated as issued before August 8, 1986, unless such bond would be a private activity bond if—

(I)

paragraphs (1) and (2) of section 141(b) were applied by substituting “25 percent” for “10 percent” each place it appears,

(II)

paragraphs (3), (4), and (5) of section 141(b) did not apply, and

(III)

subparagraph (B) of section 141(c)(1) did not apply.

(vi)

Exception for bonds issued in 2009 and 2010

(I)

In general

(II)

Treatment of refunding bonds

(III)

Exception for certain refunding bonds

(6)

Accelerated depreciation or amortization on certain property placed in service before January 1, 1987

(7)

Exclusion for gains on sale of certain small business stock

(b)

Straight line recovery of intangibles defined

For purposes of paragraph (2) of subsection (a)—

(1)

In general

(2)

Election

(Added Pub. L. 99–514, title VII, § 701(a), Oct. 22, 1986, 100 Stat. 2333; amended Pub. L. 100–647, title I, § 1007(b)(14)(B), (c), Nov. 10, 1988, 102 Stat. 3430, 3432; Pub. L. 101–508, title XI, §§ 11344, 11801(c)(12)(A), 11815(b)(3), Nov. 5, 1990, 104 Stat. 1388–472

cite as: 26 USC 57