Source
(Added Pub. L. 101–508, title XI, § 11813(a), Nov. 5, 1990, 104 Stat. 1388–546; amended Pub. L. 104–188, title I, §§ 1616(b)(1),
1702
(h)(11),
1704
(t)(29), Aug. 20, 1996, 110 Stat. 1856, 1874, 1889; Pub. L. 105–206, title VI, § 6004(g)(7), July 22, 1998, 112 Stat. 796; Pub. L. 108–357, title III, § 322(d)(2)(D), Oct. 22, 2004, 118 Stat. 1475; Pub. L. 109–135, title IV, § 412(o), Dec. 21, 2005, 119 Stat. 2638.)
References in Text
The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (d), is the date of enactment of
Pub. L. 101–508, which was approved Nov. 5, 1990.
Prior Provisions
A prior section
50,
Pub. L. 92–178, title I, § 101(a), Dec. 10, 1971,
85 Stat. 498, related to restoration of credit for investment in certain depreciable property, prior to repeal by
Pub. L. 95–600, title III, § 312(c)(1), Nov. 6, 1978,
92 Stat. 2826, applicable to taxable years ending after Dec. 31, 1978.
Amendments
2005—Subsec. (a)(2)(E).
Pub. L. 109–135 substituted “section
48
(b)” for “section
48
(a)(5)”.
2004—Subsec. (c)(3).
Pub. L. 108–357 struck out “or reforestation credit” after “energy credit” in introductory provisions.
1998—Subsec. (a)(5)(C).
Pub. L. 105–206 substituted “this chapter” for “subpart A, B, D, or G”.
1996—Subsec. (a)(2)(C).
Pub. L. 104–188, § 1704(t)(29), substituted “subsection (d)(5)” for “subsection (c)(4)”.
Subsec. (a)(2)(E).
Pub. L. 104–188, § 1702(h)(11), substituted “48(a)(5)” for “48(a)(5)(A)”.
Subsec. (d).
Pub. L. 104–188, § 1616(b)(1), inserted closing provisions.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–357 applicable with respect to expenditures paid or incurred after Oct. 22, 2004, see section 322(e) of
Pub. L. 108–357, set out as a note under section
46 of this title.
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997,
Pub. L. 105–34, to which such amendment relates, see section 6024 of
Pub. L. 105–206, set out as a note under section
1 of this title.
Effective Date of 1996 Amendment
Amendment by section 1616(b)(1) of
Pub. L. 104–188 applicable to taxable years beginning after Dec. 31, 1995, see section 1616(c) of
Pub. L. 104–188, set out as a note under section
593 of this title.
Amendment by section 1702(h)(11) of
Pub. L. 104–188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990,
Pub. L. 101–508, title XI, to which such amendment relates, see section 1702(i) of
Pub. L. 104–188, set out as a note under section
38 of this title.
Effective Date
Section applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section
49
(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section
46
(d) of this title, and any property described in section
46
(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of
Pub. L. 101–508, set out as an Effective Date of 1990 Amendment note under section
45K of this title.
Savings Provision
For provisions that nothing in this section be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of
Pub. L. 101–508, set out as a note under section
45K of this title.