Source
(Added Pub. L. 97–248, title II, § 205(a)(2), Sept. 3, 1982, 96 Stat. 428; amended Pub. L. 98–369, div. A, title IV, § 474(r)(8)(A), July 18, 1984, 98 Stat. 840; Pub. L. 100–647, title IV, § 4008(b)(2), Nov. 10, 1988, 102 Stat. 3653; Pub. L. 101–239, title VII, §§ 7110(c)(2),
7814
(e)(1), (2)(D), Dec. 19, 1989, 103 Stat. 2325, 2413, 2414; Pub. L. 101–508, title XI, §§ 11511(b)(3),
11813
(b)(12), Nov. 5, 1990, 104 Stat. 1388–485, 1388–554; Pub. L. 103–66, title XIII, §§ 13302(b)(2),
13322
(c)(2), Aug. 10, 1993, 107 Stat. 555, 563; Pub. L. 104–188, title I, § 1201(e)(1), Aug. 20, 1996, 110 Stat. 1772; Pub. L. 105–206, title VI, § 6020(a), July 22, 1998, 112 Stat. 823; Pub. L. 106–554, § 1(a)(7) [title I, § 121(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–610; Pub. L. 107–16, title VI, § 619(c)(2), June 7, 2001, 115 Stat. 110; Pub. L. 108–357, title III, §§ 302(c)(2),
339
(e), Oct. 22, 2004, 118 Stat. 1465, 1484; Pub. L. 109–58, title XIII, § 1332(d), Aug. 8, 2005, 119 Stat. 1026.)
Codification
Another section 339(e) of
Pub. L. 108–357 amended the table of sections for subpart D of part IV of subchapter A of this chapter.
Amendments
2005—Subsec. (c)(13).
Pub. L. 109–58 added par. (13).
2004—Subsec. (c)(11).
Pub. L. 108–357, § 302(c)(2), added par. (11).
Subsec. (c)(12).
Pub. L. 108–357, § 339(e), added par. (12).
2001—Subsec. (c)(10).
Pub. L. 107–16 added par. (10).
2000—Subsec. (c)(9).
Pub. L. 106–554 added par. (9).
1998—Subsec. (c)(8).
Pub. L. 105–206 added par. (8).
1996—Subsec. (c)(2).
Pub. L. 104–188 substituted “work opportunity credit” for “targeted jobs credit”.
1993—Subsec. (c)(6).
Pub. L. 103–66, § 13302(b)(2), added par. (6).
Subsec. (c)(7).
Pub. L. 103–66, § 13322(c)(2), added par. (7).
1990—Subsec. (c)(1).
Pub. L. 101–508, § 11813(b)(12)(A), substituted “section
46” for “section
46
(a)” and “section
50
(c)” for “section
48
(q)”.
Subsec. (c)(5).
Pub. L. 101–508, § 11511(b)(3), added par. (5).
Subsec. (d)(1).
Pub. L. 101–508, § 11813(b)(12)(B), substituted “section
46” for “section
46
(a)” and “other than the rehabilitation credit” for “other than a credit to which section
48
(q)(3) applies”.
1989—Subsec. (c)(4).
Pub. L. 101–239, § 7814(e)(2)(D), inserted “(other than such credit determined under section
280C
(c)(3))” after “section
41
(a)”.
Subsec. (d).
Pub. L. 101–239, § 7814(e)(1), substituted “substituting ‘an amount equal to 50 percent of’ for ‘an amount equal to’ in the case of” for “substituting an amount equal to 50 percent of for an amount equal to in the case of” in introductory provisions.
Subsec. (d)(2).
Pub. L. 101–239, § 7110(c)(2), inserted “for a taxable year beginning before January 1, 1990” after “under section
41
(a)”.
1988—Subsec. (c)(4).
Pub. L. 100–647, § 4008(b)(2)(A), added par. (4).
Subsec. (d).
Pub. L. 100–647, § 4008(b)(2)(B), inserted “and research credit” after “tax credit” in heading and amended text generally. Prior to amendment, text read as follows: “In the case of the investment credit determined under section
46
(a) (other than a credit to which section
48
(q)(3) applies), subsection (a) shall be applied by substituting ‘an amount equal to 50 percent of’ for ‘an amount equal to’.”
1984—
Pub. L. 98–369 amended section generally, substituting provisions relating to deduction for certain unused business credits for provisions relating to deduction for certain unused investment credits.
Effective Date of 2005 Amendment
Amendment by
Pub. L. 109–58 applicable to qualified new energy efficient homes acquired after Dec. 31, 2005, in taxable years ending after such date, see section 1332(f) of
Pub. L. 109–58, set out as a note under section
38 of this title.
Effective Date of 2004 Amendment
Amendment by section 302(c)(2) of
Pub. L. 108–357 applicable to fuel produced, and sold or used, after Dec. 31, 2004, in taxable years ending after such date, see section 302(d) of
Pub. L. 108–357, set out as a note under section
38 of this title.
Amendment by section 339(e) of
Pub. L. 108–357 applicable to expenses paid or incurred after Dec. 31, 2002, in taxable years ending after such date, see section 339(f) of
Pub. L. 108–357, set out as a note under section
38 of this title.
Effective Date of 2001 Amendment
Amendment by
Pub. L. 107–16 applicable to costs paid or incurred in taxable years beginning after Dec. 31, 2001, with respect to qualified employer plans first effective after such date, see section 619(d) of
Pub. L. 107–16, set out as an Effective and Termination Dates of 2001 Amendment note under section
38 of this title.
Effective Date of 2000 Amendment
Amendment by
Pub. L. 106–554 applicable to investments made after Dec. 31, 2000, see § 1(a)(7) [title I, § 121(e)] of
Pub. L. 106–554, set out as a note under section
38 of this title.
Effective Date of 1998 Amendment
Pub. L. 105–206, title VI, § 6020(b), July 22, 1998,
112 Stat. 823, provided that: “The amendment made by this section [amending this section] shall take effect as if included in the amendments made by section 13443 of the Revenue Reconciliation Act of 1993 [see section 13443(d) of
Pub. L. 103–66, set out as an Effective Date of 1993 Amendment note under section
38 of this title].”
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–188 applicable to individuals who begin work for the employer after Sept. 30, 1996, see section 1201(g) of
Pub. L. 104–188, set out as a note under section
38 of this title.
Effective Date of 1993 Amendment
Amendment by section 13322(c)(2) of
Pub. L. 103–66 applicable to wages paid or incurred after Dec. 31, 1993, see section 13322(f) of
Pub. L. 103–66, set out as a note under section
38 of this title.
Effective Date of 1990 Amendment
Amendment by section 11511(b)(3) of
Pub. L. 101–508 applicable to costs paid or incurred in taxable years beginning after Dec. 31, 1990, see section 11511(d)(1) of
Pub. L. 101–508, set out as an Effective Date note under section
43 of this title.
Amendment by section 11813(b)(12) of
Pub. L. 101–508 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 a note under section
45K of this title.
Effective Date of 1989 Amendment
Amendment by section 7110(c)(2) of
Pub. L. 101–239 applicable to taxable years beginning after Dec. 31, 1989, see section 7110(e) of
Pub. L. 101–239, set out as a note under section
41 of this title.
Amendment by section 7814(e)(1), (2)(D) of
Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988,
Pub. L. 100–647, to which such amendment relates, see section 7817 of
Pub. L. 101–239, set out as a note under section
1 of this title.
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–647 applicable to taxable years beginning after Dec. 31, 1988, see section 4008(d) of
Pub. L. 100–647, set out as a note under section
41 of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of
Pub. L. 98–369, set out as a note under section
21 of this title.
Effective Date
Section 205(c)(1) of
Pub. L. 97–248, as amended by
Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095, provided that:
“(A) General rule.—Except as otherwise provided in this paragraph, the amendments made by subsection (a) [enacting this section and amending sections
48,
312, and
1016 of this title] shall apply to periods after December 31, 1982, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].
“(B) Exception.—The amendments made by subsection (a) shall not apply to any property which—
“(i) is constructed, reconstructed, erected, or acquired pursuant to a contract which was entered into after August 13, 1981, and was, on July 1, 1982, and at all times thereafter, binding on the taxpayer,
“(ii) is placed in service after December 31, 1982, and before January 1, 1986,
“(iii) with respect to which an election under section 168(f)(8)(A) of such Code is not in effect at any time, and
“(iv) is not described in section 167(l)(3)(A) of such Code.
“(C) Special rule for integrated manufacturing facilities.—
“(i) In general.—In the case of any integrated manufacturing facility, the requirements of clause (i) of subparagraph (B) shall be treated as met if—
“(I) the on-site construction of the facility began before July 1, 1982, and
“(II) during the period beginning after August 13, 1981, and ending on July 1, 1982, the taxpayer constructed (or entered into binding contracts for the construction of) more than 20 percent of the cost of such facility.
“(ii) Integrated manufacturing facility.—For purposes of clause (i), the term ‘integrated manufacturing facility’ means 1 or more facilities—
“(I) located on a single site,
“(II) for the manufacture of 1 or more manufactured products from raw materials by the application of 2 or more integrated manufacturing processes.
“(D) Special rule for historic structures.—In the case of any certified historic structure (as defined in section 48(g)(3) of the Internal Revenue Code of 1986), clause (i) of subparagraph (B) shall be applied by substituting ‘December 31, 1980’ for ‘August 13, 1981.’
“(E) Certain projects with respect to historic structures.—In the case of any certified historic structure (as so defined), the requirements of clause (i) of subparagraph (B) shall be treated as met with respect to such property—
“(i) if the rehabilitation begins after December 31, 1980, and before July 1, 1982, or
“(ii) if—
“(I) before July 1, 1982, a public offering with respect to interests in such property was registered with the Securities and Exchange Commission,
“(II) before such date an application with respect to such property was filed under section 8 of the United States Housing Act of 1937 [section
1437f of Title
42, The Public Health and Welfare], and
“(III) such property is placed in service before July 1, 1984.”
Savings Provision
For provisions that nothing in amendment by section 11813(b)(12) of
Pub. L. 101–508 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.