26 U.S.C. § 168

Editorial Notes

References in Text

Pub. L. 115–97, title I, § 13203(b)Dec. 22, 2017131 Stat. 2109Paragraph (2)(D), referred to in subsec. (b)(5), means par. (2)(D) of subsec. (b) of this section, which was redesignated par. (2)(C) of subsec. (b) by , , .

Pub. L. 119–21, title VII, § 70509(a)July 4, 2025139 Stat. 251Subclause (I) or (II) of clause (vi), referred to in subsec. (e)(3)(B), probably should be a reference to subcl. (I) of cl. (vi). Former subcl. (I) was struck out, and former subcl. (II) was redesignated as subcl. (I), by , , .

Pub. L. 101–508Nov. 5, 1990The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsecs. (e)(3)(B)(vi), (g)(4)(K), and (i)(1), is the date of enactment of , which was approved .

Pub. L. 99–514Section 168(e) as in effect before the amendments made by the Tax Reform Act of 1986, referred to in subsec. (f)(5)(A)(i), is subsec. (e) of this section prior to the general amendment of this section by .

Pub. L. 99–514Oct. 22, 1986The date of the enactment of this paragraph, referred to in subsec. (f)(5)(B)(ii)(I), probably means the date of enactment of , which was approved .

Pub. L. 99–514The Tax Reform Act of 1986, referred to in subsecs. (f)(5)(B)(iii), (C) and (i)(7)(A), is , section 201(a) of which amended this section generally.

Pub. L. 87–624Aug. 31, 196276 Stat. 419section 701 of Title 47The Communications Satellite Act of 1962, referred to in subsec. (i)(10)(C), is , , , which is classified generally to chapter 6 (§ 701 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 105–34Aug. 5, 1997The date of the enactment of this sentence, referred to in subsec. (j)(6), is the date of enactment of , which was approved .

Pub. L. 103–66Aug. 10, 1993The date of the enactment of this paragraph, referred to in subsec. (j)(7), is the date of enactment of , which was approved .

lPub. L. 109–432Dec. 20, 2006The date of the enactment of this subsection, referred to in subsec. ()(2)(B), (C), is the date of enactment of , which was approved .

section 9601(1) of Title 42Section 101(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (n)(2)(H), is classified to , The Public Health and Welfare.

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Prior Provisions

Aug. 16, 1954, ch. 74668A Stat. 52Aug. 26, 1957Pub. L. 85–165, § 471 Stat. 414Sept. 2, 1958Pub. L. 85–866, title I, § 9(a)72 Stat. 1608Pub. L. 94–455, title XIX, § 1951(b)(4)(A)Oct. 4, 197690 Stat. 1837A prior section 168, acts , ; , , ; , , (b), , 1609, related to deductions with respect to amortization of emergency facilities, prior to repeal by , , .

Pub. L. 94–455, title XIX, § 1951(b)(4)(B)Oct. 4, 197690 Stat. 1837

Amendments

Pub. L. 119–21, § 70509(a)2025—Subsec. (e)(3)(B)(vi). , redesignated subcls. (II) and (III) as (I) and (II), respectively, and struck out former subcl. (I) which read as follows: “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),”.

Pub. L. 119–21, § 70301(b)(1)(A)Subsec. (k)(1)(A). , substituted “100 percent” for “the applicable percentage”.

Pub. L. 119–21, § 70434(g)(1)Subsec. (k)(2)(A)(i)(IV). , substituted “without regard to subsections (a)(2) and (h)” for “without regard to subsections (a)(2) and (g)” and struck out “or” at end.

Pub. L. 119–21, § 70434(g)(1)Subsec. (k)(2)(A)(i)(V). , substituted “without regard to subsections (a)(2) and (h)” for “without regard to subsections (a)(2) and (g)” and inserted “or” at end.

Pub. L. 119–21, § 70301(a)(1), inserted “and” at end.

Pub. L. 119–21, § 70434(g)(1)(A)Subsec. (k)(2)(A)(i)(VI). , added subcl. (VI).

Pub. L. 119–21, § 70301(a)(1)Subsec. (k)(2)(A)(ii). , (5)(A), substituted “clause (i) of subparagraph (E)” for “clause (ii) of subparagraph (E)” and period at end for “, and”.

Pub. L. 119–21, § 70301(a)(1)January 1, 2027Subsec. (k)(2)(A)(iii). , struck out cl. (iii) which read as follows: “which is placed in service by the taxpayer before .”

Pub. L. 119–21, § 70301(a)(2)(A)Subsec. (k)(2)(B)(i)(II) to (VI). , redesignated subcls. (IV) to (VI) as (II) to (IV), respectively, and struck out former subcls. (II) and (III) which read as follows:

January 1, 2028“(II) is placed in service by the taxpayer before ,

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

Pub. L. 119–21, § 70301(a)(2)(B)January 1, 2027Subsec. (k)(2)(B)(ii) to (iv). , redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii). Prior to amendment, text of cl. (ii) read as follows: “In the case of property which is qualified property solely by reason of clause (i), paragraph (1) shall apply only to the extent of the adjusted basis thereof attributable to manufacture, construction, or production before .”

Pub. L. 119–21, § 70301(a)(5)(B)Subsec. (k)(2)(C)(i). , struck out “and subclauses (II) and (III) of subparagraph (B)(i)” after “subparagraph (A)(ii)”.

Pub. L. 119–21, § 70301(a)(5)(C)Subsec. (k)(2)(C)(ii). , substituted “subparagraph (B)(ii)” for “subparagraph (B)(iii)”.

Pub. L. 119–21, § 70301(a)(3)January 1, 2027Subsec. (k)(2)(E). , redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i). Prior to amendment, text of cl. (i) read as follows: “In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer’s own use, the requirements of subclause (III) of subparagraph (B)(i) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property before .”

Pub. L. 119–21, § 70434(g)(2)Subsec. (k)(2)(H)(iii). , added cl. (iii).

Pub. L. 119–21, § 70301(a)(4)January 1, 2027Subsec. (k)(5)(A). , substituted “planted or grafted” for “planted before , or is grafted before such date to a plant that has already been planted,” in introductory provisions.

Pub. L. 119–21, § 70301(b)(2)Subsec. (k)(5)(A)(i). , substituted “100 percent” for “the applicable percentage”.

Pub. L. 119–21, § 70301(b)(1)(B)Sept. 28, 2017Sept. 27, 2017Subsec. (k)(6), (8). , struck out pars. (6) and (8) which defined the term “applicable percentage” and related to a phase down for qualified property acquired by the taxpayer before , and placed in service by the taxpayer after , respectively.

Pub. L. 119–21, § 70301(b)(3)September 27, 2017Subsec. (k)(10). , added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A). Prior to amendment, text of subpar. (A) read as follows: “In the case of qualified property placed in service by the taxpayer during the first taxable year ending after , if the taxpayer elects to have this paragraph apply for such taxable year, paragraphs (1)(A) and (5)(A)(i) shall be applied by substituting ‘50 percent’ for ‘the applicable percentage’.”

Pub. L. 119–21, § 70307(a)Subsec. (n). , added subsec. (n).

Pub. L. 117–1692022—Subsec. (e)(3)(B)(viii). added cl. (viii).

Pub. L. 116–260, § 137(a)(1)January 1, 2022January 1, 20212020—Subsec. (e)(3)(A)(i)(I). , substituted “” for “”.

Pub. L. 116–260, § 137(a)(2)December 31, 2021December 31, 2020Subsec. (e)(3)(A)(i)(II). , substituted “” for “”.

Pub. L. 116–136, § 2307(a)(1)(A)Subsec. (e)(3)(E)(vii). , added cl. (vii).

Pub. L. 116–136, § 2307(a)(1)(B)Subsec. (e)(6)(A). , inserted “made by the taxpayer” after “any improvement”.

Pub. L. 116–136, § 2307(a)(2)Subsec. (g)(3)(B). , struck out table item relating to subpar. (D)(v) and inserted table item relating to subpar. (E)(vii).

Pub. L. 116–260, § 115(a)December 31, 2025December 31, 2020Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 116–260, § 138(a)December 31, 2021December 31, 2020Subsec. (j)(9). , substituted “” for “”.

Pub. L. 116–94, § 114(a)(1)January 1, 2021January 1, 20182019—Subsec. (e)(3)(A)(i)(I). , substituted “” for “”.

Pub. L. 116–94, § 114(a)(2)December 31, 2020December 31, 2017Subsec. (e)(3)(A)(i)(II). , substituted “” for “”.

Pub. L. 116–94, § 115(a)December 31, 2020December 31, 2017Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 116–94, § 116(a)December 31, 2020December 31, 2017Subsec. (j)(9). , substituted “” for “”.

lPub. L. 116–94, § 130(a)January 1, 2021January 1, 2018Subsec. ()(2)(D). , substituted “” for “”.

Pub. L. 115–141, § 401(a)(49)2018—Subsec. (d)(3)(B)(i). , inserted comma after “real property”.

Pub. L. 115–123, § 40304(a)(1)January 1, 2018January 1, 2017Subsec. (e)(3)(A)(i)(I). , substituted “” for “”.

Pub. L. 115–123, § 40304(a)(2)December 31, 2017December 31, 2016Subsec. (e)(3)(A)(i)(II). , substituted “” for “”.

Pub. L. 115–141, § 302(a)(2)Subsec. (e)(3)(B). , substituted “subclause (I) or (II) of clause (vi) by reason of being public utility property.” for “clause (vi)(I) (or the corresponding provisions of prior law) by reason of being public utility property (within the meaning of section 48(a)(3)).” in concluding provisions.

Pub. L. 115–141, § 302(a)(1)16 U.S.C. 796(17)(C)September 1, 1986Subsec. (e)(3)(B)(vi)(II). , substituted “has a power production capacity of not greater than 80 megawatts, or” for “is a qualifying small power production facility within the meaning of section 3(17)(C) of the Federal Power Act (), as in effect on , or”.

Pub. L. 115–141, § 401(a)(50)Subsec. (e)(3)(C)(i). , struck out “and” at end.

Pub. L. 115–141, § 401(d)(1)(D)(iv)Subsec. (g)(4)(G). , struck out “(other than a corporation which has an election in effect under section 936)” after “domestic corporation”.

Pub. L. 115–123, § 40305(a)December 31, 2017December 31, 2016Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 115–141, § 101(e)(1)Subsec. (j)(3). , substituted “qualified Indian reservation property” for “property to which paragraph (1) applies”.

Pub. L. 115–141, § 101(e)(2)Subsec. (j)(8). , substituted “paragraph (1)” for “this subsection”.

Pub. L. 115–123, § 40306(a)December 31, 2017December 31, 2016Subsec. (j)(9). , substituted “” for “”.

Pub. L. 115–141, § 101(d)(1)Subsec. (k)(2)(B)(i)(III). , inserted “binding” before “contract”.

Pub. L. 115–141, § 101(d)(2)Subsec. (k)(5)(B)(ii). , inserted “crop or” after “more than one” and “a marketable crop or yield of” after “begins bearing”.

lPub. L. 115–123, § 40412(a)January 1, 2018January 1, 2017Subsec. ()(2)(D). , substituted “” for “”.

Pub. L. 115–141, § 401(b)(13)(A)Subsec. (n). , struck out subsec. (n) which related to special allowance for qualified disaster assistance property.

Pub. L. 115–97, § 13203(b)2017—Subsec. (b)(2)(B) to (D). , redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “any property used in a farming business (within the meaning of section 263A(e)(4)),”.

Pub. L. 115–97, § 13204(a)(2)Subsec. (b)(3)(G) to (I). , added subpar. (G) and struck out former subpars. (G) to (I) which read as follows:

“(G) Qualified leasehold improvement property described in subsection (e)(6).

“(H) Qualified restaurant property described in subsection (e)(7).

“(I) Qualified retail improvement property described in subsection (e)(8).”

Pub. L. 115–97, § 13203(a)December 31, 2017December 31, 2008January 1, 2010Subsec. (e)(3)(B)(vii). , substituted “after ” for “after , and which is placed in service before ”.

Pub. L. 115–97, § 13204(a)(1)(A)Subsec. (e)(3)(E)(iv) to (ix). , redesignated cls. (vi) to (viii) as (iv) to (vi), respectively, and struck out former cls. (iv), (v), and (ix) which read as follows:

“(iv) any qualified leasehold improvement property,

“(v) any qualified restaurant property,

“(ix) any qualified retail improvement property.”

Pub. L. 115–97, § 13204(a)(1)(B)Subsec. (e)(6). , (4)(B)(i), added par. (6) and struck out former par. (6) which defined “qualified leasehold improvement property”.

Pub. L. 115–97, § 13204(a)(1)(B)Subsec. (e)(7), (8). , struck out pars. (7) and (8) which defined “qualified restaurant property” and “qualified retail improvement property”, respectively.

Pub. L. 115–97, § 13204(a)(3)(A)(i)Subsec. (g)(1)(F). , added subpar. (F).

Pub. L. 115–97, § 13205(a)Subsec. (g)(1)(G). , added subpar. (G).

Pub. L. 115–97, § 13204(a)(3)(C)Subsec. (g)(2)(C)(iii) to (v). , added items (iii) to (v) in table and struck out former items (iii) and (iv) which related to nonresidential real and residential rental property and any railroad grading or tunnel bore or water utility property, respectively.

Pub. L. 115–97, § 13204(a)(3)(B)Subsec. (g)(3)(B). , inserted table items relating to subpars. (D)(v) and (E)(iv) to (vi) and struck out table items relating to subpar. (E)(iv) to (ix).

Pub. L. 115–97, § 13204(a)(3)(A)(ii)Subsec. (g)(8). , added par. (8).

Pub. L. 115–97, § 13504(b)(1)Subsec. (i)(7)(B). , struck out concluding provisions which read as follows: “Subparagraph (A) shall not apply in the case of a termination of a partnership under section 708(b)(1)(B).”

Pub. L. 115–97, § 13201(b)(2)(B)December 31, 2007January 1, 2020Subsec. (k). , struck out “acquired after , and before ” after “property” in heading.

Pub. L. 115–97, § 13201(a)(1)(A)Subsec. (k)(1)(A). , substituted “the applicable percentage” for “50 percent”.

Pub. L. 115–97, § 13201(g)(1)Pub. L. 115–97, § 13204(a)(4)(A)Subsec. (k)(2)(A)(i)(IV). , added subcl. (IV). Subcl. (IV) was added to cl. (i) after former subcl. (IV) was struck out by , in view of directory language amending cl. (i) “as amended by section 13204”. See below.

Pub. L. 115–97, § 13204(a)(4)(A), struck out subcl. (IV) which read as follows: “which is qualified improvement property,”.

Pub. L. 115–97, § 13201(g)(1)Subsec. (k)(2)(A)(i)(V). , added subcl. (V).

Pub. L. 115–97, § 13201(c)(1)Subsec. (k)(2)(A)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the original use of which commences with the taxpayer, and”.

Pub. L. 115–97, § 13201(b)(1)(A)(i)January 1, 2027January 1, 2020Subsec. (k)(2)(A)(iii). , substituted “” for “”.

Pub. L. 115–97, § 13201(b)(1)(A)(ii)(I)January 1, 2028January 1, 2021Subsec. (k)(2)(B)(i)(II). , substituted “” for “”.

Pub. L. 115–97, § 13201(b)(1)(A)(i)January 1, 2027January 1, 2020Subsec. (k)(2)(B)(i)(III). , substituted “” for “”.

Pub. L. 115–97, § 13201(b)(1)(A)(ii)(II)January 1, 2027January 1, 2020Subsec. (k)(2)(B)(ii). , substituted “pre-” for “pre-” in heading.

Pub. L. 115–97, § 13201(b)(1)(A)(i)January 1, 2027January 1, 2020, substituted “” for “”.

Pub. L. 115–97, § 13201(b)(1)(A)(i)January 1, 2027January 1, 2020Subsec. (k)(2)(E)(i). , substituted “” for “”.

Pub. L. 115–97, § 13201(c)(2)Subsec. (k)(2)(E)(ii). , amended cl. (ii) generally. Prior to amendment, text read as follows: “For purposes of clause (iii) and subparagraph (A)(ii), if property is—

“(I) originally placed in service by a person, and

“(II) sold and leased back by such person within 3 months after the date such property was originally placed in service,

such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II).”

Pub. L. 115–97, § 13201(c)(3)Subsec. (k)(2)(E)(iii)(I). , amended subcl. (I) generally. Prior to amendment subcl. (I) read as follows: “property is originally placed in service by the lessor of such property,”.

Pub. L. 115–97, § 13201(f)September 28, 2017September 27, 2017December 31, 2017Subsec. (k)(2)(F)(iii). , substituted “acquired by the taxpayer before , and placed in service by the taxpayer after ” for “placed in service by the taxpayer after ” in introductory provisions.

Pub. L. 115–97, § 13201(g)(2)Subsec. (k)(2)(H). , added subpar. (H).

Pub. L. 115–97, § 13204(a)(4)(B)(ii)Subsec. (k)(3). , struck out par. (3) which defined “qualified improvement property”.

Pub. L. 115–97, § 12001(b)(13)Subsec. (k)(4). , struck out par. (4) which related to election to accelerate AMT credits in lieu of bonus depreciation.

Pub. L. 115–97, § 13201(b)(1)(B)January 1, 2027January 1, 2020Subsec. (k)(5)(A). , substituted “” for “” in introductory provisions.

Pub. L. 115–97, § 13201(a)(1)(B)Subsec. (k)(5)(A)(i). , substituted “the applicable percentage” for “50 percent”.

Pub. L. 115–97, § 13201(a)(3)(A)December 31, 2017Subsec. (k)(5)(F). , struck out subpar. (F). Text read as follows: “In the case of a specified plant which is planted after (or is grafted to a plant that has already been planted before such date), subparagraph (A)(i) shall be applied by substituting for ‘50 percent’—

“(i) in the case of a plant which is planted (or so grafted) in 2018, ‘40 percent’, and

“(ii) in the case of a plant which is planted (or so grafted) during 2019, ‘30 percent’.”

Pub. L. 115–97, § 13201(a)(2)December 31, 2017Subsec. (k)(6). , amended par. (6) generally. Prior to amendment, text read as follows: “In the case of qualified property placed in service by the taxpayer after , paragraph (1)(A) shall be applied by substituting for ‘50 percent’—

“(A) in the case of property placed in service in 2018 (or in the case of property placed in service in 2019 and described in paragraph (2)(B) or (C) (determined by substituting ‘2019’ for ‘2020’ in paragraphs (2)(B)(i)(III) and (ii) and paragraph (2)(E)(i)), ‘40 percent’,

“(B) in the case of property placed in service in 2019 (or in the case of property placed in service in 2020 and described in paragraph (2)(B) or (C), ‘30 percent’.”

Pub. L. 115–97, § 13201(a)(3)(B)Subsec. (k)(8). , added par. (8).

Pub. L. 115–97, § 13201(d)Subsec. (k)(9). , added par. (9).

Pub. L. 115–97, § 13201(e)Subsec. (k)(10). , added par. (10).

Pub. L. 114–113, § 165(a)(1)January 1, 2017January 1, 20152015—Subsec. (e)(3)(A)(i)(I). , substituted “” for “”.

Pub. L. 114–113, § 165(a)(2)December 31, 2016December 31, 2014Subsec. (e)(3)(A)(i)(II). , substituted “” for “”.

Pub. L. 114–113, § 123(a)January 1, 2015Subsec. (e)(3)(E)(iv), (v). , struck out “placed in service before ” after “property”.

Pub. L. 114–113, § 123(b)December 31, 2008January 1, 2015Subsec. (e)(3)(E)(ix). , struck out “placed in service after , and before ” after “property”.

Pub. L. 114–113, § 143(b)(6)(A)Subsec. (e)(6). , in introductory provisions, substituted “For purposes of this subsection—” for “The term ‘qualified leasehold improvement property’ has the meaning given such term in section 168(k)(3) except that the following special rules shall apply:”; added subpars. (A) to (C) and redesignated former subpars. (A) and (B) as (D) and (E), respectively; and, in subpar. (E), substituted “subparagraph (D)” for “subparagraph (A)” in introductory provisions.

Pub. L. 114–113, § 143(b)(6)(B)Subsec. (e)(7)(B). , substituted “qualified improvement property” for “qualified leasehold improvement property”.

Pub. L. 114–113, § 143(b)(6)(C)Subsec. (e)(8)(D). , struck out subpar. (D). Text read as follows: “Property described in this paragraph which is not qualified leasehold improvement property shall not be considered qualified property for purposes of subsection (k).”

Pub. L. 114–113, § 166(a)December 31, 2016December 31, 2014Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 114–113, § 167(b)Subsec. (j)(8). , added par. (8). Former par. (8) redesignated (9).

Pub. L. 114–113, § 167(a)December 31, 2016December 31, 2014, substituted “” for “”.

Pub. L. 114–113, § 167(b)Subsec. (j)(9). , redesignated par. (8) as (9).

Pub. L. 114–113, § 143(b)(6)(J)January 1, 2020January 1, 2016Subsec. (k). , substituted “and before ” for “and before ” in heading.

Pub. L. 114–113, § 143(a)(4)(A)January 1, 2016January 1, 2015, substituted “” for “” in heading.

Pub. L. 114–113, § 143(b)(1)Subsec. (k)(2). , amended par. (2) generally. Prior to amendment, par. (2) related to meaning of qualified property for purposes of subsec. (k).

Pub. L. 114–113, § 143(a)(1)(B)January 1, 2016January 1, 2015, substituted “” for “” wherever appearing.

Pub. L. 114–113, § 143(a)(1)(A)January 1, 2017January 1, 2016Subsec. (k)(2)(A)(iv). , substituted “” for “”.

Pub. L. 114–113, § 143(a)(4)(B)January 1, 2016January 1, 2015Subsec. (k)(2)(B)(ii). , substituted “pre-” for “pre-” in heading.

Pub. L. 114–113, § 143(b)(2)Subsec. (k)(3). , amended par. (3) generally. Prior to amendment, par. (3) related to meaning of qualified leasehold improvement property for purposes of subsec. (k).

Pub. L. 114–113, § 143(b)(3)Subsec. (k)(4). , amended par. (4) generally. Prior to amendment, par. (4) related to election to accelerate the AMT and research credits in lieu of bonus depreciation.

Pub. L. 114–113, § 143(a)(3)(A)January 1, 2016January 1, 2015Subsec. (k)(4)(D)(iii)(II). , substituted “” for “”.

Pub. L. 114–113, § 143(a)(3)(B)Subsec. (k)(4)(L). , added subpar. (L).

Pub. L. 114–113, § 143(b)(4)(B)Subsec. (k)(5). , added par. (5).

Pub. L. 114–113, § 143(b)(4)(A)September 8, 2010January 1, 2012January 1, 2012January 1, 2013, struck out par. (5). Text read as follows: “In the case of qualified property acquired by the taxpayer (under rules similar to the rules of clauses (ii) and (iii) of paragraph (2)(A)) after , and before , and which is placed in service by the taxpayer before (, in the case of property described in subparagraph (2)(B) or (2)(C)), paragraph (1)(A) shall be applied by substituting ‘100 percent’ for ‘50 percent’.”

Pub. L. 114–113, § 143(b)(5)Subsec. (k)(6). , added par. (6).

Pub. L. 114–113, § 143(b)(6)(D)Subsec. (k)(7). , added par. (7).

lPub. L. 114–113, § 189(a)January 1, 2017January 1, 2015Subsec. ()(2)(D). , substituted “” for “”.

lPub. L. 114–113, § 143(b)(6)(E)(i)Subsec. ()(3)(A). , substituted “subsection (k)” for “section 168(k)”.

lPub. L. 114–113, § 143(b)(6)(E)(ii)Subsec. ()(3)(B). , substituted “subsection (k)(2)(D)” for “section 168(k)(2)(D)(i)”.

lPub. L. 114–113, § 143(b)(6)(F)Subsec. ()(4). , substituted “subsection (k)(2)(E) shall apply.” for “subparagraph (E) of section 168(k)(2) shall apply, except that such subparagraph shall be applied—

lDecember 31, 2007“(A) by substituting ‘the date of the enactment of subsection ()’ for ‘’ each place it appears therein, and

“(B) by substituting ‘qualified second generation biofuel plant property’ for ‘qualified property’ in clause (iv) thereof.”

lPub. L. 114–113, § 143(b)(6)(G)Subsec. ()(5). , substituted “subsection (k)(2)(G)” for “section 168(k)(2)(G)”.

Pub. L. 113–295, § 210(g)(2)(A)2014—Subsec. (b)(5). , substituted “paragraph (2)(D)” for “paragraph (2)(C)”.

Pub. L. 113–295, § 121(a)(1)January 1, 2015January 1, 2014Subsec. (e)(3)(A)(i)(I). , substituted “” for “”.

Pub. L. 113–295, § 121(a)(2)December 31, 2014December 31, 2013Subsec. (e)(3)(A)(i)(II). , substituted “” for “”.

Pub. L. 113–295, § 122(a)January 1, 2015January 1, 2014Subsec. (e)(3)(E)(iv), (v), (ix). , substituted “” for “”.

Pub. L. 113–295, § 211(b)Subsec. (e)(7)(B), (8)(D). , inserted “which is not qualified leasehold improvement property” after “Property described in this paragraph”.

Pub. L. 113–295, § 123(a)December 31, 2014December 31, 2013Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 113–295, § 210(c)Subsec. (i)(18)(A)(ii), (19)(A)(ii). , substituted “16 years” for “10 years”.

Pub. L. 113–295, § 124(a)December 31, 2014December 31, 2013Subsec. (j)(8). , substituted “” for “”.

Pub. L. 113–295, § 125(d)(1)January 1, 2015January 1, 2014Subsec. (k). , substituted “” for “” in heading.

Pub. L. 113–295, § 125(a)(2)January 1, 2015January 1, 2014Subsec. (k)(2). , substituted “” for “” wherever appearing.

Pub. L. 113–295, § 125(a)(1)January 1, 2016January 1, 2015Subsec. (k)(2)(A)(iv). , substituted “” for “”.

Pub. L. 113–295, § 214(b)Subsec. (k)(2)(B)(i)(IV). , substituted “clause also applies” for “clauses also apply”.

Pub. L. 113–295, § 125(d)(2)January 1, 2015January 1, 2014Subsec. (k)(2)(B)(ii). , substituted “pre-” for “pre-” in heading.

Pub. L. 113–295, § 210(g)(2)(B)Subsec. (k)(4)(C)(i). , substituted “subsection (b)(2)(D)” for “subsection (b)(2)(C)” in concluding provisions.

Pub. L. 113–295, § 125(c)(1)January 1, 2015January 1, 2014Subsec. (k)(4)(D)(iii)(II). , substituted “” for “”.

Pub. L. 113–295, § 212(b)Subsec. (k)(4)(E)(iv). , substituted “adjusted net minimum tax” for “adjusted minimum tax”.

Pub. L. 113–295, § 202(e)December 31, 2010December 31, 2010Subsec. (k)(4)(J)(iii). , substituted “its first taxable year ending after ” for “any taxable year ending after ” in introductory provisions.

Pub. L. 113–295, § 125(c)(2)Subsec. (k)(4)(K). , added subpar. (K).

lPub. L. 113–295, § 157(a)January 1, 2015January 1, 2014Subsec. ()(2)(D). , substituted “” for “”.

Pub. L. 113–295, § 210(d)Subsec. (m)(2)(B)(i). , substituted “subsection (k) (determined without regard to paragraph (4) thereof)” for “section 168(k)”.

Pub. L. 113–295, § 125(d)(3)January 1, 2015January 1, 2014Subsec. (n)(2)(C)(ii). , substituted “” for “”.

Pub. L. 112–240, § 311(a)January 1, 2014January 1, 20122013—Subsec. (e)(3)(E)(iv), (v), (ix). , substituted “” for “”.

Pub. L. 112–240, § 331(d)Subsec. (i)(9)(A)(ii). , inserted “(respecting all elections made by the taxpayer under this section)” after “such property”.

Pub. L. 112–240, § 312(a)December 31, 2013December 31, 2011Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 112–240, § 313(a)December 31, 2013December 31, 2011Subsec. (j)(8). , substituted “” for “”.

Pub. L. 112–240, § 331(e)(1)January 1, 2014January 1, 2013Subsec. (k). , substituted “” for “” in heading.

Pub. L. 112–240, § 331(a)(2)January 1, 2014January 1, 2013Subsec. (k)(2). , substituted “” for “” wherever appearing.

Pub. L. 112–240, § 331(a)(1)January 1, 2015January 1, 2014Subsec. (k)(2)(A)(iv). , substituted “” for “”.

Pub. L. 112–240, § 331(e)(2)January 1, 2014January 1, 2013Subsec. (k)(2)(B)(ii). , substituted “pre-” for “pre-” in heading.

Pub. L. 112–240, § 331(c)(1)Subsec. (k)(4)(D)(iii)(II). , substituted “2014” for “2013”.

Pub. L. 112–240, § 331(c)(2)Subsec. (k)(4)(J). , added subpar. (J).

lPub. L. 112–240, § 410(b)(2)(C)Subsec. (). , substituted “second generation” for “cellulosic” in heading.

Pub. L. 112–240, § 410(b)(2)(A), substituted “second generation biofuel” for “cellulosic biofuel” wherever appearing in text.

lPub. L. 112–240, § 410(b)(2)(D)Subsec. ()(2). , substituted “second generation” for “cellulosic” in heading.

lPub. L. 112–240, § 410(b)(1)Subsec. ()(2)(A). , substituted “solely to produce second generation biofuel (as defined in section 40(b)(6)(E))” for “solely to produce cellulosic biofuel”.

lPub. L. 112–240, § 410(a)(1)January 1, 2014January 1, 2013Subsec. ()(2)(D). , substituted “” for “”.

lPub. L. 112–240, § 410(b)(2)(B)Subsec. ()(3) to (8). , redesignated pars. (4) to (8) as (3) to (7), respectively, and struck out former par. (3). Text read as follows: “The term ‘cellulosic biofuel’ means any liquid fuel which is produced from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis.”

Pub. L. 112–240, § 331(e)(3)January 1, 2014January 1, 2013Subsec. (n)(2)(C)(ii). , substituted “” for “”.

Pub. L. 111–312, § 737(a)January 1, 2012January 1, 20102010—Subsec. (e)(3)(E)(iv), (v), (ix). , substituted “” for “”.

Pub. L. 111–312, § 737(b)(1)December 31, 2008January 1, 2010Subsec. (e)(7)(A)(i). , struck out “if such building is placed in service after , and before ,” after “building,”.

Pub. L. 111–312, § 737(b)(2)December 31, 2009Subsec. (e)(8)(E). , struck out subpar. (E). Text read as follows: “Such term shall not include any improvement placed in service after .”

Pub. L. 111–312, § 738(a)December 31, 2011December 31, 2009Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 111–312, § 739(a)December 31, 2011December 31, 2009Subsec. (j)(8). , substituted “” for “”.

Pub. L. 111–312, § 401(d)(1)January 1, 2013January 1, 2011Subsec. (k). , substituted “” for “” in heading.

Pub. L. 111–240, § 2022(b)(1)January 1, 2011January 1, 2010, substituted “” for “” in heading.

Pub. L. 111–312, § 401(a)(2)January 1, 2013January 1, 2011Subsec. (k)(2)(A)(iii). , substituted “” for “” in subcls. (I) and (II).

Pub. L. 111–240, § 2022(a)(2)January 1, 2011January 1, 2010, substituted “” for “” in subcls. (I) and (II).

Pub. L. 111–312, § 401(a)January 1, 2013January 1, 2011January 1, 2014January 1, 2012Subsec. (k)(2)(A)(iv). , substituted “” for “” and “” for “”.

Pub. L. 111–240, § 2022(a)January 1, 2011January 1, 2010January 1, 2012January 1, 2011, substituted “” for “” and “” for “”.

Pub. L. 111–312, § 401(a)(2)January 1, 2013January 1, 2011January 1, 2013January 1, 2011Subsec. (k)(2)(B)(ii). , (d)(2), substituted “pre-” for “pre-” in heading and “” for “” in text.

Pub. L. 111–240, § 2022(a)(2)January 1, 2011January 1, 2010January 1, 2011January 1, 2010, (b)(2), substituted “pre-” for “pre-” in heading and “” for “” in text.

Pub. L. 111–312, § 401(a)(2)January 1, 2013January 1, 2011Subsec. (k)(2)(E)(i). , substituted “” for “”.

Pub. L. 111–240, § 2022(a)(2)January 1, 2011January 1, 2010, substituted “” for “”.

Pub. L. 111–312, § 401(d)(3)(B)Subsec. (k)(4)(D)(ii). , inserted “and” at the end.

Pub. L. 111–312, § 401(d)(3)(C)Subsec. (k)(4)(D)(iii). , substituted period for comma at the end.

Pub. L. 111–312, § 401(c)(1)March 31, 2008January 1, 2010, substituted “or production—” for “or production after , and before , shall be taken into account under subparagraph (B)(ii) thereof,” and added subcls. (I) and (II) and concluding provisions.

Pub. L. 111–312, § 401(d)(3)(A)Subsec. (k)(4)(D)(iv), (v). , struck out cls. (iv) and (v) which read as follows:

January 1, 2011January 1, 2012“(iv) ‘’ shall be substituted for ‘’ in subparagraph (A)(iv) thereof, and

January 1, 2010January 1, 2011“(v) ‘’ shall be substituted for ‘’ each place it appears in subparagraph (A) thereof.”

Pub. L. 111–240, § 2022(b)(3), added cls. (iv) and (v).

Pub. L. 111–312, § 401(c)(2)Subsec. (k)(4)(I). , added subpar. (I).

Pub. L. 111–312, § 401(b)Subsec. (k)(5). , added par. (5).

lPub. L. 111–312, § 401(d)(4)(A)Subsec. ()(5)(A). , inserted “and” at the end.

lPub. L. 111–312, § 401(d)(4)(B)January 1, 2013January 1, 2011Subsec. ()(5)(B). , (C), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “by substituting ‘’ for ‘’ in clause (i) thereof, and”.

Pub. L. 111–240, § 2022(b)(4)January 1, 2011January 1, 2010, substituted “” for “”.

lPub. L. 111–312, § 401(d)(4)(C)Subsec. ()(5)(C). , redesignated subpar. (C) as (B).

Pub. L. 111–312, § 401(d)(5)January 1, 2013January 1, 2011Subsec. (n)(2)(C)(ii). , substituted “” for “”.

Pub. L. 111–240, § 2022(b)(5)January 1, 2011January 1, 2010, substituted “” for “”.

Pub. L. 111–5, § 1201(a)(2)(A)January 1, 2010January 1, 20092009—Subsec. (k). , substituted “” for “” in heading.

Pub. L. 111–5, § 1201(a)(1)(B)January 1, 2010January 1, 2009Subsec. (k)(2)(A)(iii)(I), (II). , substituted “” for “”.

Pub. L. 111–5, § 1201(a)(1)January 1, 2010January 1, 2009January 1, 2011January 1, 2010Subsec. (k)(2)(A)(iv). , substituted “,” for “,” and “.” for “.”

Pub. L. 111–5, § 1201(a)(1)(B)January 1, 2010January 1, 2009January 1, 2010January 1, 2009Subsec. (k)(2)(B)(ii). , (2)(B), substituted “pre-” for “pre-” in heading and “” for “” in text.

Pub. L. 111–5, § 1201(a)(1)(B)January 1, 2010January 1, 2009Subsec. (k)(2)(E)(i). , substituted “” for “”.

Pub. L. 111–5, § 1201(a)(3)(A)(i)Subsec. (k)(4)(D)(ii). , (iii), added cl. (ii). Former cl. (ii) redesignated (iii).

Pub. L. 111–5, § 1201(b)(1)(A)Subsec. (k)(4)(D)(iii). , substituted “2010” for “2009”.

Pub. L. 111–5, § 1201(a)(3)(A)(ii), redesignated cl. (ii) as (iii).

Pub. L. 111–5, § 1201(b)(1)(B)Subsec. (k)(4)(H). , added subpar. (H).

lPub. L. 111–5, § 1201(a)(2)(C)January 1, 2010January 1, 2009Subsec. ()(5)(B). , substituted “” for “”.

Pub. L. 111–5, § 1201(a)(2)(D)January 1, 2010January 1, 2009Subsec. (n)(2)(C)(ii). , substituted “” for “”.

Pub. L. 110–343, § 306(c)2008—Subsec. (b)(2)(C), (D). , added subpar. (C) and redesignated former subpar. (C) as (D).

Pub. L. 110–343, § 305(c)(3)Subsec. (b)(3)(I). , added subpar. (I).

Pub. L. 110–246, § 15344(a)Subsec. (e)(3)(A)(i). , amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “any race horse which is more than 2 years old at the time it is placed in service,”.

Pub. L. 110–343, § 505(a)Subsec. (e)(3)(B)(vii). , added cl. (vii).

Pub. L. 110–343, § 306(a)Subsec. (e)(3)(D)(iii), (iv). , added cls. (iii) and (iv).

Pub. L. 110–343, § 305(a)(1)January 1, 2010January 1, 2008Subsec. (e)(3)(E)(iv), (v). , substituted “” for “”.

Pub. L. 110–343, § 305(c)(1)Subsec. (e)(3)(E)(ix). , added cl. (ix).

Pub. L. 110–343, § 305(b)(1)Subsec. (e)(7). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualified restaurant property’ means any section 1250 property which is an improvement to a building if—

“(A) such improvement is placed in service more than 3 years after the date such building was first placed in service, and

“(B) more than 50 percent of the building’s square footage is devoted to preparation of, and seating for on-premises consumption of, prepared meals.”

Pub. L. 110–343, § 305(c)(2)Subsec. (e)(8). , added par. (8).

Pub. L. 110–343, § 505(b)Subsec. (g)(3)(B). , inserted table item relating to subpar. (B)(vii).

Pub. L. 110–343, § 305(c)(4), inserted table item relating to subpar. (E)(ix).

Pub. L. 110–343, § 317(a)December 31, 2009December 31, 2007Subsec. (i)(15)(D). , substituted “” for “”.

Pub. L. 110–343, § 306(b)Subsec. (i)(18), (19). , added pars. (18) and (19).

Pub. L. 110–343, § 315(a)December 31, 2009December 31, 2007Subsec. (j)(8). , substituted “” for “”.

Pub. L. 110–185, § 103(c)(11)December 31, 2007September 10, 2001January 1, 2009January 1, 2005Subsec. (k). , substituted “” for “” and “” for “” in heading.

Pub. L. 110–185, § 103(a)(1)December 31, 2007September 10, 2001January 1, 2009January 1, 2005, (3), substituted “” for “” and “” for “” wherever appearing in text.

Pub. L. 110–185, § 103(b)Subsec. (k)(1)(A). , substituted “50 percent” for “30 percent”.

Pub. L. 110–185, § 103(a)(2)January 1, 2008September 11, 2001Subsec. (k)(2)(A)(iii)(I). , substituted “” for “”.

Pub. L. 110–185, § 103(a)(4)January 1, 2010January 1, 2006Subsec. (k)(2)(A)(iv). , substituted “” for “”.

Pub. L. 110–185, § 103(c)(1)Subsec. (k)(2)(B)(i)(I). , substituted “(iii), and (iv)” for “and (iii)”.

Pub. L. 110–185, § 103(c)(2)Subsec. (k)(2)(B)(i)(IV). , which directed substitution of “clause (iii)” for “clauses (ii) and (iii)”, was executed by substituting “clause (iii)” for “clause (ii) or (iii)” to reflect the probable intent of Congress.

Pub. L. 110–185, § 103(c)(12)January 1, 2009January 1, 2005Subsec. (k)(2)(B)(ii). , substituted “pre-” for “pre-” in heading.

Pub. L. 110–185, § 103(c)(3)Subsec. (k)(2)(C)(i). , substituted “, (iii), and (iv)” for “and (iii)”.

Pub. L. 110–185, § 103(c)(5)(B)Subsec. (k)(2)(D)(iii). , struck out last sentence which read as follows: “The preceding sentence shall be applied separately with respect to property treated as qualified property by paragraph (4) and other qualified property.”

Pub. L. 110–185, § 103(c)(4)Subsec. (k)(2)(F)(i). , substituted “$8,000” for “$4,600”.

Pub. L. 110–289Subsec. (k)(4). added par. (4).

Pub. L. 110–185, § 103(c)(5)(A), struck out par. (4) which related to treatment of 50-percent bonus depreciation for certain property.

Pub. L. 110–185, § 103(a)(4)January 1, 2010January 1, 2006Subsec. (k)(4)(B)(iii). , substituted “” for “”.

lPub. L. 110–343, § 201(b)(1)Subsec. (). , (2), substituted “cellulosic biofuel” for “cellulosic biomass ethanol” in heading and wherever appearing in text.

lPub. L. 110–343, § 201(b)(3)Subsec. ()(2). , substituted “cellulosic biofuel” for “cellulosic biomass ethanol” in heading.

lPub. L. 110–343, § 201(a)Subsec. ()(3). , amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “For purposes of this subsection, the term ‘cellulosic biomass ethanol’ means ethanol produced by hydrolysis of any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis.”

lPub. L. 110–185, § 103(c)(6)Subsec. ()(4). , added subpar. (A) and redesignated former subpars. (A) to (C) as (B) to (D), respectively.

lPub. L. 110–185, § 103(c)(7)(A)December 31, 2007September 10, 2001Subsec. ()(5)(A). , substituted “” for “”.

lPub. L. 110–185, § 103(c)(7)(B)January 1, 2009January 1, 2005Subsec. ()(5)(B). , substituted “” for “”.

Pub. L. 110–343, § 308(a)Subsec. (m). , added subsec. (m).

Pub. L. 110–343, § 710(a)Subsec. (n). , added subsec. (n).

lPub. L. 110–1722007—Subsec. ()(3). struck out “enzymatic” before “hydrolysis”.

Pub. L. 109–432, § 113(a)2006—Subsec. (e)(3)(E)(iv), (v). , substituted “2008” for “2006”.

Pub. L. 109–432, § 112(a)Subsec. (j)(8). , substituted “2007” for “2005”.

lPub. L. 109–432, § 209(a)lSubsec. (). , added subsec. ().

Pub. L. 109–135, § 410(a)2005—Subsec. (e)(3)(B)(vi)(I). , substituted “if ‘solar or wind energy’ were substituted for ‘solar energy’ in clause (i) thereof” for “if ‘solar and wind’ were substituted for ‘solar’ in clause (i) thereof”.

Pub. L. 109–58, § 1301(f)(5), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “is described in subparagraph (A) of section 48(a)(3) (or would be so described if ‘solar and wind’ were substituted for ‘solar’ in clause (i) thereof),”.

Pub. L. 109–58, § 1326(a)Subsec. (e)(3)(C)(iv), (v). , added cl. (iv) and redesignated former cl. (iv) as (v).

Pub. L. 109–58, § 1308(a)Subsec. (e)(3)(E)(vii). , added cl. (vii).

Pub. L. 109–58, § 1325(a)Subsec. (e)(3)(E)(viii). , added cl. (viii).

Pub. L. 109–58, § 1326(c)Subsec. (g)(3)(B). , inserted table item relating to subpar. (C)(iv).

Pub. L. 109–58, § 1325(b), inserted table item relating to subpar. (E)(viii).

Pub. L. 109–58, § 1308(b), inserted table item relating to subpar. (E)(vii).

Pub. L. 109–135, § 412(s)Subsec. (i)(15)(D). , substituted “Such term shall not include” for “This paragraph shall not apply to”.

Pub. L. 109–58, § 1326(b)Subsec. (i)(17). , added par. (17).

Pub. L. 109–135, § 403(j)(1)Subsec. (k)(2)(A)(iv). , substituted “subparagraph (B) or (C)” for “subparagraphs (B) and (C)”.

Pub. L. 109–135, § 405(a)(1)May 5, 2003January 1, 2005May 6, 2003Subsec. (k)(4)(B)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “which is acquired by the taxpayer after , and before , but only if no written binding contract for the acquisition was in effect before , and”.

Pub. L. 109–135, § 403(j)(2)Subsec. (k)(4)(B)(iii). , substituted “or paragraph (2)(C) (as so modified)” for “and paragraph (2)(C)”.

Pub. L. 108–357, § 211(d)(2)2004—Subsec. (b)(2)(A). , inserted “not referred to in paragraph (3)” before comma at end.

Pub. L. 108–357, § 211(d)(1)Subsec. (b)(3)(G), (H). , added subpars. (G) and (H).

Pub. L. 108–357, § 704(a)Subsec. (e)(3)(C)(ii). , added cl. (ii). Former cl. (ii) redesignated (iii).

Pub. L. 108–357, § 706(a)Subsec. (e)(3)(C)(iii). , added cl. (iii). Former cl. (iii) redesignated (iv).

Pub. L. 108–357, § 704(a), redesignated cl. (ii) as (iii).

Pub. L. 108–357, § 706(a)Subsec. (e)(3)(C)(iv). , redesignated cl. (iii) as (iv).

Pub. L. 108–357, § 211(a)Subsec. (e)(3)(E)(iv), (v). , added cls. (iv) and (v).

Pub. L. 108–357, § 901(a)Subsec. (e)(3)(E)(vi). , added cl. (vi).

Pub. L. 108–357, § 901(b)Subsec. (e)(3)(F). , added subpar. (F).

Pub. L. 108–357, § 211(b)Subsec. (e)(6), (7). , (c), added pars. (6) and (7).

Pub. L. 108–357, § 847(a)Subsec. (g)(3)(A). , inserted “(notwithstanding any other subparagraph of this paragraph)” after “shall”.

Pub. L. 108–357, § 901(c)Subsec. (g)(3)(B). , inserted table items relating to subpars. (E)(vi) and (F).

Pub. L. 108–357, § 706(c), which directed amendment of table by inserting item relating to subpar. (C)(iii) after item relating to subpar. (C)(ii), was executed by making the insertion after item relating to subpar. (C)(i) to reflect the probable intent of Congress.

Pub. L. 108–357, § 211(e), inserted table items relating to subpars. (E)(iv) and (E)(v).

Pub. L. 108–357, § 847(e)Subsec. (h)(2)(A). , added cl. (iv) and concluding provisions.

Pub. L. 108–357, § 847(d)Subsec. (h)(3)(A). , inserted at end “Notwithstanding subsection (i)(3)(A)(i), in determining a lease term for purposes of the preceding sentence, there shall not be taken into account any option of the lessee to renew at the fair market value rent determined at the time of renewal; except that the aggregate period not taken into account by reason of this sentence shall not exceed 24 months.”

Pub. L. 108–357, § 847(c)Subsec. (i)(3)(A)(ii), (iii). , added cl. (ii) and redesignated former cl. (ii) as (iii).

Pub. L. 108–357, § 704(b)Subsec. (i)(15). , added par. (15).

Pub. L. 108–357, § 706(b)Subsec. (i)(16). , added par. (16).

Pub. L. 108–311, § 316Subsec. (j)(8). , substituted “2005” for “2004”.

Pub. L. 108–357, § 336(a)(2)Subsec. (k)(2)(A)(iv). , substituted “subparagraphs (B) and (C)” for “subparagraph (B)”.

Pub. L. 108–311, § 403(a)(1)Subsec. (k)(2)(B)(i). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualified property’ includes property—

“(I) which meets the requirements of clauses (i), (ii), and (iii) of subparagraph (A),

“(II) which has a recovery period of at least 10 years or is transportation property, and

“(III) which is subject to section 263A by reason of clause (ii) or (iii) of subsection (f)(1)(B) thereof.”

Pub. L. 108–357, § 336(b)(1)Subsec. (k)(2)(B)(iv). , added cl. (iv).

Pub. L. 108–357, § 336(a)(1)Subsec. (k)(2)(C). , added subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 108–357, § 336(a)(1)Subsec. (k)(2)(D). , redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).

Pub. L. 108–311, § 408(a)(6)(A)Subsec. (k)(2)(D)(ii). , inserted “is” after “if property” in introductory provisions.

Pub. L. 108–311, § 403(a)(2)(B), inserted “clause (iii) and” before “subparagraph (A)(ii)” in introductory provisions.

Pub. L. 108–311, § 408(a)(6)(B)Subsec. (k)(2)(D)(ii)(I). , struck out “is” before “originally”.

Pub. L. 108–311, § 403(a)(2)(A)Subsec. (k)(2)(D)(iii), (iv). , added cls. (iii) and (iv).

Pub. L. 108–357, § 336(a)(1)Subsec. (k)(2)(E). , redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F).

Pub. L. 108–357, § 337(a)Subsec. (k)(2)(E)(iii)(II). , which directed amendment of subcl. (II) by inserting before comma at end “(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)”, was executed by making the insertion before “, and” to reflect the probable intent of Congress.

Pub. L. 108–357, § 336(a)(1)Subsec. (k)(2)(F). , redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G).

Pub. L. 108–311, § 408(a)(8), substituted “minimum” for “miniumum” in heading.

Pub. L. 108–357, § 336(a)(1)Subsec. (k)(2)(G). , redesignated subpar. (F) as (G).

Pub. L. 108–357, § 336(b)(2)Subsec. (k)(4)(A)(ii). , substituted “paragraph (2)(D)” for “paragraph (2)(C)”.

Pub. L. 108–357, § 336(b)(3)Subsec. (k)(4)(B)(iii). , inserted “and paragraph (2)(C)” after “of this paragraph)”.

Pub. L. 108–357, § 336(b)(4)Subsec. (k)(4)(C). , substituted “subparagraphs (B), (C), and (E)” for “subparagraphs (B) and (D)”.

Pub. L. 108–357, § 336(b)(5)Subsec. (k)(4)(D). , substituted “Paragraph (2)(F)” for “Paragraph (2)(E)”.

Pub. L. 108–27, § 201(c)(1)January 1, 2005September 11, 20042003—Subsec. (k). , substituted “” for “” in heading.

Pub. L. 108–27, § 201(b)(2)January 1, 2005September 11, 2004Subsec. (k)(2)(A)(iii). , substituted “” for “” in subcls. (I) and (II).

Pub. L. 108–27, § 201(b)(1)January 1, 2005September 11, 2004January 1, 2005September 11, 2004Subsec. (k)(2)(B)(ii). , substituted “pre-” for “pre-” in heading and “” for “” in text.

Pub. L. 108–27, § 201(b)(3)Subsec. (k)(2)(C)(iii). , inserted at end “The preceding sentence shall be applied separately with respect to property treated as qualified property by paragraph (4) and other qualified property.”

Pub. L. 108–27, § 201(b)(1)(A)January 1, 2005September 11, 2004Subsec. (k)(2)(D)(i). , substituted “” for “”.

Pub. L. 108–27, § 201(a)Subsec. (k)(4). , added par. (4).

Pub. L. 107–147, § 613(b)December 31, 2004December 31, 20032002—Subsec. (j)(8). , substituted “” for “”.

Pub. L. 107–147, § 101(a)Subsec. (k). , added subsec. (k).

Pub. L. 105–206, § 6006(b)(2)1998—Subsec. (c). , reenacted subsec. heading without change and substituted “For purposes of this section, the applicable recovery period shall be determined in accordance with the following table:” for “For purposes of this section—

In general“(1) .—Except as provided in paragraph (2), the applicable recovery period shall be determined in accordance with the following table:”.

Pub. L. 105–206, § 6006(b)(1)Subsec. (c)(2). , struck out heading and text of par. (2). Text read as follows: “In the case of property to which an election under subsection (b)(2)(C) applies, the applicable recovery period shall be determined under the table contained in subsection (g)(2)(C).”

Pub. L. 105–34, § 1086(b)(1)1997—Subsec. (e)(3)(A)(iii). , added cl. (iii).

Pub. L. 105–34, § 1086(b)(2)Subsec. (g)(3)(B). , inserted table item relating to subpar. (A)(iii).

Pub. L. 105–34, § 1213(c)Subsec. (i)(8)(C). , added subpar. (C).

Pub. L. 105–34, § 1086(b)(3)Subsec. (i)(14). , added par. (14).

Pub. L. 105–34, § 1604(c)(1)Subsec. (j)(6). , inserted concluding provisions “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).”

Pub. L. 104–188, § 1613(b)(1)1996—Subsec. (b)(3)(F). , added subpar. (F).

Pub. L. 104–188, § 1613(b)(2)Subsec. (c)(1). , inserted table item relating to water utility property.

Pub. L. 104–188, § 1702(h)(1)(B)Subsec. (e)(3)(B). , inserted closing provisions.

Pub. L. 104–188, § 1704(t)(54)section 11813(b)(9)(A)(i) of Pub. L. 101–508Subsec. (e)(3)(B)(vi)(I). , provided that shall be applied as if a comma appeared after “(3)(A)(ix)” in the material proposed to be stricken. See 1990 Amendment note below.

Pub. L. 104–188, § 1702(h)(1)(A)Subsec. (e)(3)(B)(vi)(III). , added subcl. (III).

Pub. L. 104–188, § 1120(a)Subsec. (e)(3)(E)(iii). , added cl. (iii).

Pub. L. 104–188, § 1613(b)(3)(B)(i)year propertySubsec. (e)(3)(F). , struck out subpar. (F) which read as follows: “20-.—The term ‘20-year property’ includes any municipal sewers.”

Pub. L. 104–188, § 1613(b)(3)(A)Subsec. (e)(5). , added par. (5).

Pub. L. 104–188, § 1613(b)(4)Subsec. (g)(2)(C)(iv). , inserted “or water utility property” after “tunnel bore”.

Pub. L. 104–188, § 1120(b)Subsec. (g)(3)(B). , inserted table item relating to subpar. (E)(iii).

Pub. L. 104–188, § 1613(b)(3)(B)(ii), struck out table item relating to subpar. (F) for which the class life was 50.

Pub. L. 104–188, § 1702(h)(1)(C)lSubsec. (g)(4)(K). , substituted “section 48()(3)(A)(ix) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)” for “section 48(a)(3)(A)(iii)”.

Pub. L. 104–188, § 1121(a)Subsec. (i)(8). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “In the case of any building erected (or improvements made) on leased property, if such building or improvement is property to which this section applies, the depreciation deduction shall be determined under the provisions of this section.”

Pub. L. 104–881995—Subsec. (g)(4)(B)(i). substituted “rail carrier subject to part A of subtitle IV” for “domestic railroad corporation providing transportation subject to subchapter I of chapter 105”.

Pub. L. 103–66, § 13151(a)1993—Subsec. (c)(1). , substituted “39 years” for “31.5 years” in table item relating to nonresidential real property.

Pub. L. 103–66, § 13321(a)Subsec. (j). , added subsec. (j).

Pub. L. 101–508, § 11812(b)(2)(A)1990—Subsec. (e)(2)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The term ‘residential rental property’ has the meaning given such term by section 167(j)(2)(B).”

Pub. L. 101–508, § 11813(b)(9)(A)(i)llSubsec. (e)(3)(B)(vi)(I). , which directed the substitution of “subparagraph (A) of section 48(a)(3) (or would be so described if ‘solar and wind’ were substituted for ‘solar’ in clause (i) thereof)” for “paragraph (3)(A)(viii), (3)(A)(ix) or (4) of section 48()” was executed by making the substitution for “paragraph (3)(A)(viii), (3)(A)(ix), or (4) of section 48()”. See 1996 Amendment note above.

Pub. L. 101–508, § 11813(b)(9)(A)(ii)lSubsec. (e)(3)(B)(vi)(II). , inserted “(as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)” after “48()”.

Pub. L. 101–508, § 11813(b)(9)(B)(i)Subsec. (e)(3)(D)(i). , substituted “subsection (i)(13)” for “section 48(p)”.

Pub. L. 101–508, § 11812(b)(2)(C)lSubsec. (f)(2). , substituted “subsection (i)(10)” for “section 167()(3)(A).”

Pub. L. 101–508, § 11813(b)(9)(C)Subsec. (g)(4). , substituted heading for one which read: “Property used predominantly outside the United States” and amended text generally. Prior to amendment, text read as follows: “For purposes of this subsection, rules similar to the rules under section 48(a)(2) (including the exceptions contained in subparagraph (B) thereof) shall apply in determining whether property is used predominantly outside the United States. In addition to the exceptions contained in such subparagraph (B), there shall be excepted any satellite or other spacecraft (or any interest therein) held by a United States person if such satellite or spacecraft was launched from within the United States.”

Pub. L. 101–508, § 11812(b)(2)(D)Subsec. (i)(1). , inserted at end “The reference in this paragraph to subsection (m) of section 167 shall be treated as a reference to such subsection as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990.”

Pub. L. 101–508, § 11801(c)(8)(B)Subsec. (i)(7)(B)(i). , struck out, “371(a), 374(a),” after “361,”.

Pub. L. 101–508, § 11812(b)(2)(E)lSubsec. (i)(9)(A)(ii). , struck out “(determined without regard to section 167())” after “section 167”.

Pub. L. 101–508, § 11812(b)(2)(B)lSubsec. (i)(10). , amended par. (10) generally. Prior to amendment, par. (10) read as follows: “The term ‘public utility property’ has the meaning given such term by section 167()(3)(A).”

Pub. L. 101–508, § 11813(b)(9)(B)(ii)Subsec. (i)(13). , added par. (13).

Pub. L. 101–239, § 7816(f)1989—Subsec. (b)(3)(D), (E). , redesignated subpar. (D), relating to property described in subsec. (e)(3)(D)(ii), as (E).

Pub. L. 101–239, § 7816(e)(1)Subsec. (b)(5). , substituted “paragraph (2)(C)” for “paragraph (2)(B)”.

Pub. L. 101–239, § 7816(e)(2)Subsec. (c)(2). , substituted “subsection (b)(2)(C)” for “subsection (b)(2)(B)”.

Pub. L. 101–239, § 7816(w)Pub. L. 100–647, § 6253Subsec. (i)(1). , made clarifying amendment to directory language of , see 1988 Amendment note below.

Pub. L. 100–647, § 1002(a)(11)(A)1988—Subsec. (b)(2). , substituted “150 percent declining balance method in certain cases” for “15-year and 20-year property” in heading and amended text generally. Prior to amendment, text read as follows: “In the case of 15-year and 20-year property, paragraph (1) shall be applied by substituting ‘150 percent’ for ‘200 percent’.”

Pub. L. 100–647, § 6028(a)Subsec. (b)(2)(B), (C). , added subpar. (B) and redesignated former subpar. (B) as (C).

Pub. L. 100–647, § 1002(i)(2)(B)(i)Subsec. (b)(3)(C). , added subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 100–647, § 6029(b)Subsec. (b)(3)(D). , added subpar. (D) relating to property described in subsec. (e)(3)(D)(ii).

Pub. L. 100–647, § 1002(i)(2)(B)(i), redesignated subpar. (C), relating to property with respect to which the taxpayer elects under par. (5), as (D).

Pub. L. 100–647, § 1002(i)(2)(B)(ii)Subsec. (b)(5). , substituted “paragraph (3)(D)” for “paragraph (3)(C)”.

Pub. L. 100–647, § 1002(a)(11)(B), substituted “paragraph (2)(B) or (3)(C)” for “paragraph (3)(C)”.

Pub. L. 100–647, § 1002(a)(11)(C)Subsec. (c). , amended subsec. (c) generally, designating existing provisions as par. (1) and adding par. (2).

Pub. L. 100–647, § 1002(i)(2)(A)Subsec. (c)(1). , inserted table item relating to any railroad grading or tunnel bore.

Pub. L. 100–647, § 1002(i)(2)(D)Subsec. (d)(2)(C). , added subpar. (C).

Pub. L. 100–647, § 1002(a)(5)Subsec. (d)(3)(A)(i). , struck out “and which are” after “this section applies”.

Pub. L. 100–647, § 1002(a)(23)(A)Subsec. (d)(3)(B). , struck out “real” after “Certain” in heading and amended text generally. Prior to amendment, text read as follows: “For purposes of subparagraph (A), nonresidential real property and residential rental property shall not be taken into account.”

Pub. L. 100–647, § 1002(i)(2)(E)Subsec. (d)(3)(B)(i). , substituted “residential rental property, and railroad grading or tunnel bore” for “and residential rental property”.

Pub. L. 100–647, § 1002(a)(21)Subsec. (e)(3)(B)(v). , substituted “any section 1245 property” for “any property”.

Pub. L. 100–647, § 6027(b)(1)(C)Subsec. (e)(3)(C). , redesignated cl. (iii) as (ii), and struck out former cl. (ii) which read as follows: “any single-purpose agricultural or horticultural structure (within the meaning of section 48(p)), and”.

Pub. L. 100–647, § 6029(a)Subsec. (e)(3)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “The term ‘10-year property’ includes any single purpose agricultural or horticultural structure (within the meaning of section 48(p)).”

Pub. L. 100–647, § 6027(a), added subpar. (D). Former subpar. (D) redesignated (E).

Pub. L. 100–647, § 6027(a)Subsec. (e)(3)(E), (F). , redesignated former subpars. (D) and (E) as (E) and (F), respectively.

Pub. L. 100–647, § 1002(i)(2)(C)Subsec. (e)(4). , added par. (4).

Pub. L. 100–647, § 1002(a)(16)(B)Subsec. (f)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Any sound recording described in section 48(r)(5).”

Pub. L. 100–647, § 1002(a)(6)(A)(i)Subsec. (f)(5)(B)(ii). , substituted “1st taxable year” for “1st full taxable year”.

Pub. L. 100–647, § 1002(a)(6)(A)(ii)Subsec. (f)(5)(B)(iii). , added cl. (iii).

Pub. L. 100–647, § 100–647Subsec. (f)(5)(C). , § 1002(a)(6)(B), added subpar. (C).

Pub. L. 100–647, § 1002(i)(2)(F)Subsec. (g)(2)(C). , added item (iv) in table.

Pub. L. 100–647, § 6029(c)Subsec. (g)(3)(B). , substituted “(D)(i)” for “(D)” and added item for “(D)(ii)” in table.

Pub. L. 100–647, § 6027(b)(2), substituted “(D)” for “(C)(ii)”, “(E)(i)” for “(D)(i)”, “(E)(ii)” for “(D)(ii)”, and “(F)” for “(E)” in table.

Pub. L. 100–647, § 1002(a)(8)Subsec. (h)(2)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:

Income from property subject to United States tax“(i) .—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.

Movies and sound recordings“(ii) .—Clause (iii) of subparagraph (A) shall not apply with respect to any qualified film (as defined in section 48(k)(1)(B)) or any sound recording (as defined in section 48(r)(5)).”

Pub. L. 100–647, § 6253Pub. L. 101–239, § 7816(w)January 1, 1992Subsec. (i)(1). , as amended by , amended par. (1) generally, substituting a single par. relating to class life for former subpar. (A) relating to class life generally, (B) relating to Secretarial authority, (C) relating to effect of modification, (D) prohibiting modification of assigned property before , and (E) relating to assigned property and item.

Pub. L. 100–647, § 1002(i)(2)(G)Special rule for railroad grading or tunnel boresSubsec. (i)(1)(E)(iii). , added cl. (iii), which provided: “.—In the case of any property which is a railroad grading or tunnel bore—

“(I) such property shall be treated as an assigned property,

“(II) the recovery period applicable to such property shall be treated as an assigned item, and

“(III) clause (ii) of subparagraph (D) shall not apply.”

Pub. L. 100–647, § 1002(a)(7)(A)Subsec. (i)(7)(A). , inserted at end “In any case where this section as in effect before the amendments made by section 201 of the Tax Reform Act of 1986 applied to the property in the hands of the transferor, the reference in the preceding sentence to this section shall be treated as a reference to this section as so in effect.”

Pub. L. 100–647, § 1002(a)(7)(B)Subsec. (i)(7)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The transactions described in this subparagraph are any transaction described in section 332, 351, 361, 371(a), 374(a), 721, or 731. Subparagraph (A) shall not apply in the case of a termination of a partnership under section 708(b)(1)(B).”

Pub. L. 100–647, § 1002(a)(7)(C)Subsec. (i)(7)(D). , struck out subpar. (D) which read as follows: “This paragraph shall not apply to any transaction to which subsection (f)(5) applies (relating to churning transactions).”

Pub. L. 100–647, § 1018(b)(2)section 1802(a)(2) of Pub. L. 99–514section 201(a) of Pub. L. 99–514Tax-exempt controlled entity.—Subsec. (j)(9)(E). , amended subpar. (E), as amended by and as in effect before the general amendment by , by substituting “this paragraph and paragraph (8)” for “this paragraph” in cls. (i) and (ii)(I) and by striking out cl. (iii) and inserting a new cl. (iii) which read as follows: “

In general“(I) .—The term ‘tax-exempt controlled entity’ means any corporation (which is not a tax-exempt entity determined without regard to this subparagraph and paragraph (4)(E)) if 50 percent or more (in value) of the stock in such corporation is held by 1 or more tax-exempt entities (other than a foreign person or entity).

Only 5-percent shareholders taken into account in case of publicly traded stock“(II) .—For purposes of subclause (I), in the case of a corporation the stock of which is publicly traded on an established securities market, stock held by a tax-exempt entity shall not be taken into account unless such entity holds at least 5 percent (in value) of the stock in such corporation. For purposes of this subclause, related entities (within the meaning of paragraph (7)) shall be treated as 1 entity.

Section 318 to apply“(III) .—For purposes of this clause, a tax-exempt entity shall be treated as holding stock which it holds through application of section 318 (determined without regard to the 50-percent limitation contained in subsection (a)(2)(C) thereof).”

Pub. L. 99–514, § 201(a)Pub. L. 99–514section 46 of this titleDec. 31, 1986Pub. L. 99–5141986—, amended section generally, applicable, with exceptions enumerated in sections 203, 204, and 251(d) of [set out as notes below and under ], to property placed in service after , modifying existing accelerated cost recovery system by substituting new subsecs. (a) to (i) for former subsecs. (a) to (k). See following paragraphs of 1986 Amendment note for amendments to former text by sections 1802 and 1809 of .

Pub. L. 99–514, § 1809(a)(2)(A)(i)(I)Subsec. (b)(2)(A). , struck out closing provisions relating to determination, in the case of 19-year real property, of applicable percentage in taxable year in which the property is placed in service.

Pub. L. 99–514, § 1809(a)(2)(A)(i)(II)Subsec. (b)(2)(B). , substituted “Mid-month convention for 19-year real property” for “Special rule for year of disposition” in heading and amended text generally, substituting “In the case of 19-year real property, the amount of the deduction determined under any provision of this section (or for purposes of section 57(a)(12)(B) or 312(k)) for any taxable year shall be determined on the basis of the number of months (using a mid-month convention) in which the property is in service.” for prior provisions.

Pub. L. 99–514, § 1809(a)(1)(A)Subsec. (b)(3)(A). , which directed that the table be amended by striking “and low-income housing” in last item, was executed by striking “and low-income housing” after “19-year real property” in next-to-the-last item, to reflect the probable intent of Congress, because that phrase did not appear in last item.

Pub. L. 99–514, § 1809(a)(1)(B), inserted at the end item for low-income housing with recovery periods of 15, 35, or 45 years.

Pub. L. 99–514, § 1809(a)(2)(B)Subsec. (b)(4)(B). , substituted “Monthly convention” for “Special rule for year of disposition” in heading and amended text generally, substituting “In the case of low-income housing, the amount of the deduction determined under any provision of this section (or for purposes of section 57(a)(12)(B) or 312(k)) for any taxable year shall be determined on the basis of the number of months (treating all property placed in service or disposed of during any month as placed in service or disposed of on the first day of such month) in which the property is in service.” for prior provisions.

Pub. L. 99–514, § 1809(a)(2)(A)(ii)Subsec. (f)(2)(B). , redesignated existing provisions as entire subpar. (B), struck out “(i) In general”, redesignated subcls. (I) and (II) as cls. (i) and (ii), and in cl. (ii) struck out “(taking into account the next to the last sentence of subsection (b)(2)(A))” after “assign percentages” and struck out heading, “(ii) Special rule for disposition” and text, “In the case of a disposition of 19-year real property or low-income housing described in clause (i), subsection (b)(2)(B) shall apply.”

Pub. L. 99–514, § 1809(b)(1)Subsec. (f)(10)(A). , amended subpar. (A) generally, substituting “In the case of recovery property transferred in a transaction described in subparagraph (B), for purposes of computing the deduction allowable under subsection (a) with respect to so much of the basis in the hands of the transferee as does not exceed the adjusted basis in the hands of the transferor—

“(i) if the transaction is described in subparagraph (B)(i), the transferee shall be treated in the same manner as the transferor, or

“(ii) if the transaction is described in clause (ii) or (iii) of subparagraph (B) and the transferor made an election with respect to such property under subsection (b)(3) or (f)(2)(C), the transferee shall be treated as having made the same election (or its equivalent).”

for prior provisions.

Pub. L. 99–514, § 1809(b)(2)Subsec. (f)(10)(B). , inserted at end “Clause (i) shall not apply in the case of the termination of a partnership under section 708(b)(1)(B).”

Pub. L. 99–514, § 1809(a)(4)(A)Subsec. (f)(12)(B)(ii). , amended cl. (ii) generally, substituting “In the case of 19-year real property, the amount of the deduction allowed shall be determined by using the straight-line method (without regard to salvage value) and a recovery period of 19 years.” for prior provisions.

Pub. L. 99–514, § 1809(a)(4)(B)Subsec. (f)(12)(C). , substituted “Exception for low- and moderate-income housing” for “Exception for projects for residential rental property” in heading and amended text generally, substituting “Subparagraph (A) shall not apply to—

“(i) any low-income housing, and

“(ii) any other recovery property which is placed in service in connection with projects for residential rental property financed by the proceeds of obligations described in section 103(b)(4)(A).”

for prior provisions.

Pub. L. 99–514, § 1802(b)(1)Subsec. (f)(14), (15). , redesignated the par. (13) relating to motor vehicle operating leases as (14) and redesignated former par. (14) as (15).

Pub. L. 99–514, § 1809(a)(2)(C)(i)Subsec. (j)(2)(B)(ii). , substituted “Cross reference” for “19-year real property” in heading and amended text generally, substituting “For other applicable conventions, see paragraphs (2)(B) and (4)(B) of subsection (b).” for prior provisions.

Pub. L. 99–514, § 1802(a)(1)Subsec. (j)(3)(D). , inserted at end “For purposes of subparagraph (B)(iii), any portion of a property so used shall not be treated as leased to a tax-exempt entity in a disqualified lease.”

Pub. L. 99–514, § 1802(a)(2)(A)Subsec. (j)(4)(E)(i). , (G), substituted “any property (other than property held by such organization)” for “any property of which such organization is the lessee”, “first used by” for “first leased to”, and “preceding sentence and subparagraph (D)(ii)” for “preceding sentence”.

Pub. L. 99–514, § 1802(a)(2)(B)Subsec. (j)(4)(E)(ii). , (C), struck out “of which such organization is the lessee” after “respect to any property” in subcl. (I) and substituted “is first used by the organization” for “is placed in service under the lease” in subcl. (II).

Pub. L. 99–514, § 1802(a)(2)(D)Subsec. (j)(4)(E)(iv). , added cl. (iv), first used, which read as follows: “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.”

Pub. L. 99–514, § 1802(a)(3)Subsec. (j)(5)(C)(iv). , struck out cl. (iv), relating to exclusion of property not subject to rapid obsolescence.

Pub. L. 99–514, § 1802(a)(4)(A)Subsec. (j)(8), (9)(A). , (B)(i), struck out “and paragraphs (4) and (5) of section 48(a)” after “For purposes of this subsection” in introductory provisions.

Pub. L. 99–514, § 1802(a)(4)(B)(ii)Subsec. (j)(9)(B)(i). , inserted a comma between “loss” and “deduction”.

Pub. L. 99–514, § 1802(a)(7)(A)Subsec. (j)(9)(D). , added subpar. (D), determination of whether property used in unrelated trade or business, which read as follows: “For purposes of this subsection, in the case of any property which is owned by a partnership which has both a tax-exempt entity and a person who is not a tax-exempt entity as partners, the determination of whether such property is used in an unrelated trade or business of such an entity shall be made without regard to section 514.” Former subpar. (D) was redesignated (E).

Pub. L. 99–514, § 1802(a)(7)Subsec. (j)(9)(E). , redesignated subpar. (D) as (E) and substituted “(C), and (D)” for “and (C)”. Former subpar. (E) redesignated (F).

Pub. L. 99–514, § 1802(a)(2)(E)(i), added subpar. (E), treatment of certain taxable entities, consisting of cl. (i), in general, which read: “For purposes of this paragraph, except as otherwise provided in this subparagraph, any tax-exempt controlled entity shall be treated as a tax-exempt entity.”, cl. (ii), election, which read: “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

“(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.”, and cl. (iii), tax-exempt controlled entity, which read “The term ‘tax-exempt controlled entity’ means any corporation (which is not a tax-exempt entity determined without regard to this subparagraph and paragraph (4)(E)) if 50 percent or more (by value) of the stock in such corporation is held (directly or through the application of section 318 determined without regard to the 50-percent limitation contained in subsection (a)(2)(C) thereof) by 1 or more tax-exempt entities.” Former subpar. (E) was redesignated (F).

Pub. L. 99–514, § 1802(a)(7)(A)Subsec. (j)(9)(F). , redesignated subpar. (E) as (F). Former subpar. (F) redesignated (G).

Pub. L. 99–514, § 1802(a)(2)(E)(i), redesignated former subpar. (E) as (F).

Pub. L. 99–514, § 1802(a)(7)(A)Subsec. (j)(9)(G). , redesignated subpar. (F) as (G).

Pub. L. 99–121, § 103(b)(1)(A)1985—Subsec. (b)(2). , substituted “19-year real property” for “18-year real property” in heading and wherever appearing in text.

Pub. L. 99–121, § 103(a)Subsec. (b)(2)(A)(i). , substituted “19-year recovery period” for “18-year recovery period”.

Pub. L. 99–121, § 103(b)(1)(A)Subsec. (b)(3)(A). , substituted “19-year real property” for “18-year real property” in table.

Pub. L. 99–121, § 103(b)(2), substituted “19, 35, or 45 years” for “18, 35, or 45” in table.

Pub. L. 99–121, § 103(b)(1)(A)Subsec. (b)(3)(B)(ii), (iii). , substituted “19-year real property” for “18-year real property” wherever appearing.

Pub. L. 99–121, § 103(b)(1)(A)Subsec. (c)(2)(D). , substituted “19-year real property” for “18-year real property” in heading and in text.

Pub. L. 99–121, § 103(b)(1)(A)Subsec. (d)(2)(B). , substituted “19-year real property” for “18-year real property”.

Pub. L. 99–121, § 103(b)(3)(B)March 15, 1984March 15, 1984Subsec. (f)(1)(B)(ii). , substituted “, and before May, 9, 1985, the” for “, the”.

Pub. L. 99–121, § 103(b)(3)(A)Subsec. (f)(1)(B)(iii), (iv). , (C), added cl. (iii), redesignated former cl. (iii) as (iv), and in cl. (iv) substituted “, (ii), or (iii)” for “or (ii)”.

Pub. L. 99–121, § 103(b)(1)(A)Subsec. (f)(2), (5). , substituted “19-year real property” for “18-year real property” wherever appearing.

Pub. L. 99–121, § 103(b)(4)Subsec. (f)(12)(B)(ii). , substituted “19-year real property” for “15-year real property” in heading and wherever appearing in text, and substituted “19 years” for “15 years”.

Pub. L. 99–121, § 103(b)(1)(A)Subsec. (j). , substituted “19-year real property” for “18-year real property” wherever appearing in headings, table, and text.

Pub. L. 98–369, § 111(a)(1)1984—Subsec. (b)(2). , substituted “18-year real property” for “15-year real property” in heading and wherever appearing in text.

Pub. L. 98–369, § 111(d), inserted in provision following cl. (ii) “(using a mid-month convention)”.

Pub. L. 98–369, § 111(b)(3)(A)Subsec. (b)(2)(A). , struck out in text following cl. (ii) provision that for purposes of this subparagraph “low-income housing” means property described in section 1250(a)(1)(B)(i), (ii), (iii), or (iv).

Pub. L. 98–369, § 111(a)(2)Subsec. (b)(2)(A)(i). , substituted “18-year recovery period” for “15-year recovery period”.

Pub. L. 98–369, § 111(a)(3)Subsec. (b)(2)(A)(ii). , struck out “(200 percent declining balance method in the case of low-income housing)” after “declining balance method”.

Pub. L. 98–369, § 111(d)Subsec. (b)(2)(B). , inserted “(using a mid-month convention)”.

Pub. L. 98–369, § 111(e)(9)(A)Subsec. (b)(3)(A). , substituted “under paragraph (1), (2), or (4)” for “under paragraphs (1) and (2)”.

Pub. L. 98–369, § 111(e)(9)(B), substituted in table “18-year real property and low-income housing” for “15-year real property” and “18” for “15” and struck out “years” after “45”.

Pub. L. 98–369, § 111(e)(2)Subsec. (b)(3)(B)(ii). , substituted “18-year real property or low-income housing,” for “15-year real property”.

Pub. L. 98–369, § 111(e)(1)Subsec. (b)(3)(B)(iii). , substituted “18-year real property or low-income housing” for “15-year real property”.

Pub. L. 98–369, § 111(b)(1)Subsec. (b)(4). , added par. (4).

Pub. L. 98–369, § 111(b)(3)(B)Subsec. (c)(2)(D). , amended subpar. (D) generally, substituting “18-year real property” for “15-year real property” in heading and text and including within such definition section 1250 property which is not low-income housing.

Pub. L. 98–369, § 111(b)(2)Subsec. (c)(2)(F), (G). , added subpar. (F) and redesignated former subpar. (F) as (G).

Pub. L. 98–369, § 111(e)(3)Subsec. (d)(2)(B). , substituted “18-year real property or low-income housing” for “15-year real property”.

Pub. L. 98–369, § 113(b)(2)(A)Subsec. (e). , substituted “title” for “section” in provision preceding par. (1).

Pub. L. 98–369, § 113(b)(1)Subsec. (e)(5). , added par. (5).

Pub. L. 98–369, § 111(c)March 16, 1984Subsec. (f)(1)(B). , designated existing provision as cl. (i), inserted heading, inserted “, and before ,” and struck out provision that for the purposes of the preceding sentence, the method of computing the deduction allowable with respect to such first component be determined as if it were a separate building, which provision is covered in cl. (iii), and added cls. (ii) and (iii).

Pub. L. 98–369, § 111(e)(1)Subsec. (f)(2)(B). , substituted “18-year real property or low-income housing” for “15-year real property” wherever appearing.

Pub. L. 98–369, § 111(e)(4)Subsec. (f)(2)(C)(i). , substituted in table “18-year real property or low-income housing” for “15-year real property”.

Pub. L. 98–369, § 111(e)(1)Subsec. (f)(2)(C)(ii)(II), (E), (5). , substituted “18-year real property or low-income housing” for “15-year real property”.

Pub. L. 98–369, § 12(a)(3)(A)section 209(a) of Pub. L. 97–248Subsec. (f)(8)(B)(ii)(I). , in par. (8) as amended by , substituted “1990” for “1986”.

Pub. L. 98–369, § 628(b)(1)Subsec. (f)(12)(C). , designated provisions preceding cl. (i) and cl. (i) as subpar. (C), and struck out cls. (ii), (iii), and (iv) which dealt with the application of subpar. (A) to a sewage or solid waste disposal facility, an air or water pollution control facility or a facility which has received an urban development action grant under section 119 of the Housing and Community Development Act of 1974.

Pub. L. 98–369, § 628(b)(2)July 1, 1982Subsec. (f)(12)(D), (E). , redesignated subpar. (E) as (D) and struck out former subpar. (D) which read as follows: “For purposes of this paragraph, the term ‘existing facility’ means a plant or property in operation before .”

Pub. L. 98–369, § 32(a)Subsec. (f)(13). , added second par. (13) relating to motor vehicle operating leases.

Pub. L. 98–369, § 113(a)(2)Subsec. (f)(14). , added par. (14).

Pub. L. 98–369, § 31(d)Subsec. (g)(2). , inserted “If any property (other than section 1250 class property) does not have a present class life within the meaning of the preceding sentence, the Secretary may prescribe a present class life for such property which reasonably reflects the anticipated useful life of such property to the industry or other group.”

Pub. L. 98–369, § 474(r)(7)(D)section 209(b) of Pub. L. 97–248Subsec. (i)(1)(D)(i). , in subsec. (i) as amended by , substituted “subparts A, B, and D of part IV” for “subpart A of part IV”.

Pub. L. 98–369, § 474(r)(7)(A)section 208(a)(1) of Pub. L. 97–248, in subsec. (i) as added by , substituted “subparts A, B, and D of part IV” for “subpart A of part IV”.

Pub. L. 98–369, § 612(e)(5)section 209(b) of Pub. L. 97–248Subsec. (i)(1)(D)(iii). , in subsec. (i) as amended by , substituted “section 26(b)(2)” for “section 25(b)(2)”.

Pub. L. 98–369, § 612(e)(4)section 208(a)(1) of Pub. L. 97–248, in subsec. (i) as added by , substituted “section 26(b)(2)” for “section 25(b)(2)”.

Pub. L. 98–369, § 474(r)(7)(E)section 209(b) of Pub. L. 97–248, in subsec. (i) as amended by , substituted “section 25(b)(2)” for “the last sentence of section 53(a)”.

Pub. L. 98–369, § 474(r)(7)(B)section 208(a)(1) of Pub. L. 97–248, in subsec. (i) as added by , substituted “section 25(b)(2)” for “the last sentence of section 53(a)”.

Pub. L. 98–369, § 12(a)(3)(B)section 209(b) of Pub. L. 97–248Subsec. (i)(4)(A). , in subsec. (i) as amended by , substituted “1989” for “1985” in cls. (i) and (ii).

Pub. L. 98–369, § 474(r)(7)(C)section 208(a)(1) of Pub. L. 97–248, in subsec. (i) as added by , substituted “section 38” for “subpart A of part IV of subchapter A of this chapter”.

Pub. L. 98–369, § 31(a)Subsecs. (j), (k). , added subsec. (j) and redesignated former subsec. (j) as (k).

Pub. L. 97–448, § 102(a)(5)1983—Subsec. (b)(2)(A). , substituted “In the case of 15-year real property” for “For purposes of this subparagraph” in third sentence.

Pub. L. 97–448, § 102(a)(8)Subsec. (c)(2)(F). , added subpar. (F).

Pub. L. 97–448, § 102(a)(2)Subsec. (d)(2)(B). , substituted “paragraph (7) or (10) of subsection (f)” for “subsection (f)(7)”.

Pub. L. 97–424, § 541(a)(1)Subsec. (e)(3)(C), (D). , added subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 97–448, § 102(a)(9)(A)Subsec. (e)(4)(D). , inserted provision that, in the case of the acquisition of property by any partnership which results from the termination of another partnership under section 708(b)(1)(B), the determination of whether the acquiring partnership is related to the other partnership shall be made immediately before the event resulting in such termination occurs.

Pub. L. 97–448, § 102(a)(9)(B)Subsec. (e)(4)(H), (I). , added subpars. (H) and (I).

Pub. L. 97–448, § 102(f)(4)Subsec. (f)(4)(B). , substituted “Election made on return” for “Made on return” as the subpar. (B) heading, designated existing provisions as cl. (i), added heading for cl. (i), substituted “Except as provided in clause (ii), any election” for “Any election”, in cl. (i) as so designated, and added cl. (ii).

Pub. L. 97–448, § 102(a)(1)Subsec. (f)(5). , inserted provision that, in the case of 15-year real property, the first sentence of this paragraph shall not apply to the taxable year in which the property is placed in service or disposed of.

Pub. L. 97–448, § 102(a)(10)(A)Pub. L. 97–248Subsec. (f)(8)(D). , amended subpar. (D), as in effect before the amendments made by the Tax Equity and Fiscal Responsibility Act of 1982 [], by inserting at end thereof the following new sentence: “Under regulations prescribed by the Secretary, public utility property shall not be treated as qualified leased property unless the requirements of rules similar to the rules of subsection (e)(3) of this section and section 46(f) are met with respect to such property.” See 1982 Amendment note below for subsec. (f)(8)(D).

Pub. L. 97–448, § 102(a)(3)Subsec. (f)(13). , added par. (13).

Pub. L. 97–448, § 102(a)(4)(B)Subsec. (g)(8)(A). , substituted “Qualified coal utilization property” for “In general” in heading.

Pub. L. 97–448, § 102(a)(4)(C)Subsec. (g)(8)(B). , substituted “Coal utilization property” for “In general” in heading.

Pub. L. 97–448, § 102(a)(4)(A)Subsec. (h)(4). , substituted “coal utilization property which would otherwise be 15-year public utility property” for “coal utilization property which is not 3-year property, 5-year property, or 10-year property (determined without regard to this paragraph)”.

Pub. L. 97–248, § 206(a)Dec. 31, 1980Jan. 1, 1985Dec. 31, 19851982—Subsec. (b)(1). , substituted “table” for “tables” in introductory provisions, struck out designation “(A)” preceding the table and struck out subpar. (A) heading which had limited the application of the table to property placed in service after , and before , and struck out subpars. (B) and (C), which had provided tables, respectively, for property placed in service in 1985 and for property placed in service after .

Pub. L. 97–248Subsec. (e)(4). , §§ 206(b), 224(c)(1), substituted “1981” for “1986” in heading, in subpar. (E) inserted provision that a similar rule shall apply in the case of a deemed liquidation under section 338, and struck out former subpar. (H) which had provided for special rules for property placed in service before certain percentages took effect.

Pub. L. 97–248, § 209(a)Subsec. (f)(8). , amended par. (8) generally, substituting provisions relating to special rules for finance leases for provisions relating to special rule for leases.

Pub. L. 97–248, § 208(a)(2)(A)Subsec. (f)(8)(A). , inserted “except as provided in subsection (i),” before “for purposes of this subtitle”.

Pub. L. 97–354, § 5(a)(19)Pub. L. 97–248Subsec. (f)(8)(B)(i)(I). , substituted “an S corporation” for “an electing small business corporation (within the meaning of section 1371(b))” in subsec. (f)(8)(B)(i)(I) as in effect before the enactment of the Tax Equity and Fiscal Responsibility Act of 1982 [].

Pub. L. 97–248, § 208(b)(1), inserted “which is not a related person with respect to the lessee”.

Pub. L. 97–248, § 208(b)(2)Subsec. (f)(8)(B)(iii). , in subcl. (I) substituted “120 percent of the present class life of the property, or” for “90 percent of the useful life of such property for purposes of section 167, or”, and in subcl. II substituted “the period equal to the recovery period determined with respect to such property under subsection (i)(2)” for “150 percent of the present class life of such property”.

Pub. L. 97–354, § 5(a)(20)section 209(a) of Pub. L. 97–248Subsec. (f)(8)(C)(i). , in par. (8) as amended by , substituted “an S corporation” for “an electing small business corporation within the meaning of section 1371(b)”.

Pub. L. 97–248, § 208(b)(3)Subsec. (f)(8)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows:

“(D) Qualified leased property defined.—For purposes of subparagraph (A), the term ‘qualified leased property’ means recovery property (other than a qualified rehabilitated building within the meaning of section 48(g)(1)) which is—

“(i) new section 38 property (as defined in section 48(b)) of the lessor which is leased within 3 months after such property was placed in service and which, if acquired by the lessee, would have been new section 38 property of the lessee,

“(ii) property—

“(I) which was new section 38 property of the lessee,

“(II) which was leased within 3 months after such property was placed in service by the lessee, and

“(III) with respect to which the adjusted basis of the lessor does not exceed the adjusted basis of the lessee at the time of the lease, or

“(iii) property which is a qualified mass commuting vehicle (as defined in section 103(b)(9)) and which is financed in whole or in part by obligations the interest on which is excludable from income under section 103(a).

December 31, 1980For purposes of this title (other than this subparagraph), any property described in clause (i) or (ii) to which subparagraph (A) applies shall be deemed originally placed in service not earlier than the date such property is used under the lease. In the case of property placed in service after , and before the date of the enactment of this subparagraph, this subparagraph shall be applied by submitting ‘the date of the enactment of this subparagraph’ for ‘such property was placed in service’.” See 1983 Amendment note above for subsec. (f)(8)(D).

Pub. L. 97–248, § 208(b)(4)Subsec. (f)(8)(H) to (K). , added subpars. (H) to (J) and redesignated former subpar. (H) as (K).

Pub. L. 97–248, § 224(c)(2)Subsec. (f)(10)(B)(i). , struck out “(other than a transaction with respect to which the basis is determined under section 334(b)(2))” after “section 332”.

Pub. L. 97–248, § 216(a)Subsec. (f)(12). , added par. (12).

Pub. L. 97–248, § 209(b)Subsec. (i). , amended subsec. (i) generally, substituting provisions concerning limitations relating to leases of finance lease property for provisions concerning limitations relating to lease of qualified leased property.

Pub. L. 97–248, § 208(a)(1), added subsec. (i). Former subsec. (i) redesignated (j).

Pub. L. 97–248, § 208(a)(1)Subsec. (j). , redesignated former subsec. (i) as (j).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 119–21, title VII, § 70301(c)July 4, 2025139 Stat. 189

Pub. L. 119–21, title VII, § 70307(c)July 4, 2025139 Stat. 201

Pub. L. 119–21, title VII, § 70434(i)July 4, 2025139 Stat. 245

Pub. L. 119–21, title VII, § 70509(b)July 4, 2025139 Stat. 252

Effective Date of 2022 Amendment

Pub. L. 117–169, title I, § 13703(b)Aug. 16, 2022136 Stat. 1997

Effective Date of 2020 Amendment

Pub. L. 116–260, div. EE, title I, § 115(b)Dec. 27, 2020134 Stat. 3050

Pub. L. 116–260, div. EE, title I, § 137(b)Dec. 27, 2020134 Stat. 3053

Pub. L. 116–260, div. EE, title I, § 138(b)Dec. 27, 2020134 Stat. 3054

Pub. L. 116–136, div. A, title II, § 2307(b)Mar. 27, 2020134 Stat. 359

Effective Date of 2019 Amendment

Pub. L. 116–94, div. Q, title I, § 114(b)Dec. 20, 2019133 Stat. 3229

Pub. L. 116–94, div. Q, title I, § 115(b)Dec. 20, 2019133 Stat. 3229

Pub. L. 116–94, div. Q, title I, § 116(b)Dec. 20, 2019133 Stat. 3229

Pub. L. 116–94, div. Q, title I, § 130(b)Dec. 20, 2019133 Stat. 3232

Effective Date of 2018 Amendment

Pub. L. 115–141, div. U, title I, § 101(d)(3)Mar. 23, 2018132 Stat. 1160

Pub. L. 115–141Pub. L. 114–113section 101(s) of Pub. L. 115–141section 24 of this titleAmendment by section 101(d)(1), (2), (e) of effective as if included in the provision of the Protecting Americans from Tax Hikes Act of 2015, div. Q of , to which such amendment relates, see , set out as a note under .

Pub. L. 115–141, div. U, title III, § 302(b)Mar. 23, 2018132 Stat. 1184

Pub. L. 115–141, div. U, title IV, § 401(b)(13)(B)Mar. 23, 2018132 Stat. 1202

Pub. L. 115–123, div. D, title I, § 40304(b)Feb. 9, 2018132 Stat. 146

Pub. L. 115–123, div. D, title I, § 40305(b)Feb. 9, 2018132 Stat. 146

Pub. L. 115–123, div. D, title I, § 40306(b)Feb. 9, 2018132 Stat. 146

Pub. L. 115–123, div. D, title I, § 40412(b)Feb. 9, 2018132 Stat. 151

Effective Date of 2017 Amendment

section 12001(b)(13) of Pub. L. 115–97Dec. 31, 2017section 12001(c) of Pub. L. 115–97section 11 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Pub. L. 115–97, title I, § 13201(h)Dec. 22, 2017131 Stat. 2108

Pub. L. 115–97, title I, § 13203(c)Dec. 22, 2017131 Stat. 2109

Pub. L. 115–97, title I, § 13204(b)Dec. 22, 2017131 Stat. 2111Pub. L. 116–260, div. EE, title II, § 202Dec. 27, 2020134 Stat. 3056

Pub. L. 115–97, title I, § 13205(b)Dec. 22, 2017131 Stat. 2111

Pub. L. 115–97, title I, § 13504(c)Dec. 22, 2017131 Stat. 2142

Effective Date of 2015 Amendment

Pub. L. 114–113, div. Q, title I, § 123(c)Dec. 18, 2015129 Stat. 3052

Pub. L. 114–113, div. Q, title I, § 143(a)(5)Dec. 18, 2015129 Stat. 3057

Pub. L. 114–113, div. Q, title I, § 143(b)(7)Dec. 18, 2015129 Stat. 3064

Pub. L. 114–113, div. Q, title I, § 165(b)Dec. 18, 2015129 Stat. 3067

Pub. L. 114–113, div. Q, title I, § 166(b)Dec. 18, 2015129 Stat. 3067

Pub. L. 114–113, div. Q, title I, § 167(c)Dec. 18, 2015129 Stat. 3067

Pub. L. 114–113, div. Q, title I, § 189(b)Dec. 18, 2015129 Stat. 3075

Effective Date of 2014 Amendment

Pub. L. 113–295, div. A, title I, § 121(b)Dec. 19, 2014128 Stat. 4015

Pub. L. 113–295, div. A, title I, § 122(b)Dec. 19, 2014128 Stat. 4015

Pub. L. 113–295, div. A, title I, § 123(b)Dec. 19, 2014128 Stat. 4015

Pub. L. 113–295, div. A, title I, § 124(b)Dec. 19, 2014128 Stat. 4016

Pub. L. 113–295, div. A, title I, § 125(e)Dec. 19, 2014128 Stat. 4017

Pub. L. 113–295, div. A, title I, § 157(b)Dec. 19, 2014128 Stat. 4022

section 202(e) of Pub. L. 113–295Pub. L. 112–240section 202(f) of Pub. L. 113–295section 55 of this titleAmendment by effective as if included in the provision of the American Taxpayer Relief Act of 2012, , to which such amendment relates, see , set out as a note under .

Pub. L. 113–295Pub. L. 110–343, div. Bsection 210(h) of Pub. L. 113–295section 45 of this titleAmendment by section 210(c), (d), (g)(2) of effective as if included in the provisions of the Energy Improvement and Extension Act of 2008, , to which such amendment relates, see , set out as a note under .

section 211(b) of Pub. L. 113–295Pub. L. 110–343, div. Csection 211(d) of Pub. L. 113–295section 143 of this titleAmendment by effective as if included in the provisions of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, , to which such amendment relates, see , set out as a note under .

section 212(b) of Pub. L. 113–295Pub. L. 110–289, div. Csection 212(d) of Pub. L. 113–295section 42 of this titleAmendment by effective as if included in the provisions of the Housing Assistance Tax Act of 2008, , to which such amendment relates, see , set out as a note under .

Pub. L. 113–295, div. A, title II, § 214(c)Dec. 19, 2014128 Stat. 4034

Effective Date of 2013 Amendment

Pub. L. 112–240, title III, § 311(b)Jan. 2, 2013126 Stat. 2330

Pub. L. 112–240, title III, § 312(b)Jan. 2, 2013126 Stat. 2330

Pub. L. 112–240, title III, § 313(b)Jan. 2, 2013126 Stat. 2330

Pub. L. 112–240, title III, § 331(f)Jan. 2, 2013126 Stat. 2337

Pub. L. 112–240, title IV, § 410(a)(2)Jan. 2, 2013126 Stat. 2342

Pub. L. 112–240, title IV, § 410(b)(3)Jan. 2, 2013126 Stat. 2343

Effective Date of 2010 Amendment

Pub. L. 111–312, title IV, § 401(e)Dec. 17, 2010124 Stat. 3306

Pub. L. 111–312, title VII, § 737(c)Dec. 17, 2010124 Stat. 3318

Pub. L. 111–312, title VII, § 738(b)Dec. 17, 2010124 Stat. 3318

Pub. L. 111–312, title VII, § 739(b)Dec. 17, 2010124 Stat. 3319

Pub. L. 111–240, title II, § 2022(c)Sept. 27, 2010124 Stat. 2559

Effective Date of 2009 Amendment

Pub. L. 111–5, div. B, title I, § 1201(c)Feb. 17, 2009123 Stat. 334

Effective Date of 2008 Amendment

Pub. L. 110–343, div. B, title II, § 201(c)Oct. 3, 2008122 Stat. 3832

Pub. L. 110–343, div. B, title III, § 306(d)Oct. 3, 2008122 Stat. 3849

Pub. L. 110–343, div. B, title III, § 308(b)Oct. 3, 2008122 Stat. 3851

Pub. L. 110–343, div. C, title III, § 305(a)(2)Oct. 3, 2008122 Stat. 3867

Pub. L. 110–343, div. C, title III, § 305(b)(2)Oct. 3, 2008122 Stat. 3867

Pub. L. 110–343, div. C, title III, § 305(c)(5)Oct. 3, 2008122 Stat. 3868

Pub. L. 110–343, div. C, title III, § 315(b)Oct. 3, 2008122 Stat. 3872

Pub. L. 110–343, div. C, title III, § 317(b)Oct. 3, 2008122 Stat. 3873

Pub. L. 110–343, div. C, title V, § 505(c)Oct. 3, 2008122 Stat. 3880

Pub. L. 110–343, div. C, title VII, § 710(b)Oct. 3, 2008122 Stat. 3928

Pub. L. 110–289, div. C, title III, § 3081(d)July 30, 2008122 Stat. 2907

Pub. L. 110–234Pub. L. 110–246May 22, 2008Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.

Pub. L. 110–234, title XV, § 15344(b)May 22, 2008122 Stat. 1520Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246section 8701 of Title 7[ and enacted identical provisions. was repealed by , set out as a note under , Agriculture.]

Pub. L. 110–185, title I, § 103(d)Feb. 13, 2008122 Stat. 619

Effective Date of 2007 Amendment

Pub. L. 110–172, § 11(b)(3)Dec. 29, 2007121 Stat. 2488

Effective Date of 2006 Amendment

Pub. L. 109–432, div. A, title I, § 112(b)Dec. 20, 2006120 Stat. 2940

Pub. L. 109–432, div. A, title I, § 113(b)Dec. 20, 2006120 Stat. 2940

Pub. L. 109–432, div. A, title II, § 209(b)Dec. 20, 2006120 Stat. 2947

Effective Date of 2005 Amendments

section 403(j) of Pub. L. 109–135Pub. L. 108–357section 403(nn) of Pub. L. 109–135section 26 of this titleAmendment by effective as if included in the provision of the American Jobs Creation Act of 2004, , to which such amendment relates, see , set out as a note under .

Pub. L. 109–135, title IV, § 405(b)Dec. 21, 2005119 Stat. 2634

Pub. L. 109–135, title IV, § 410(b)Dec. 21, 2005119 Stat. 2636

section 1301(f)(5) of Pub. L. 109–58Pub. L. 108–357section 1301(g) of Pub. L. 109–58section 45 of this titleAmendment by effective as if included in the amendments made by section 710 of the American Jobs Creation Act of 2004, , see , set out as a note under .

Pub. L. 109–58, title XIII, § 1308(c)Aug. 8, 2005119 Stat. 1006

Pub. L. 109–58, title XIII, § 1325(c)Aug. 8, 2005119 Stat. 1016

Pub. L. 109–58Apr. 11, 2005Apr. 11, 2005section 1326(e) of Pub. L. 109–58section 56 of this titleAmendment by section 1326(a)–(c) of applicable to property placed in service after , with exception for property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before , or, in the case of self-constructed property, has started construction on or before such date, see , set out as a note under .

Effective Date of 2004 Amendments

Pub. L. 108–357, title II, § 211(f)Oct. 22, 2004118 Stat. 1430

Pub. L. 108–357, title III, § 336(c)Oct. 22, 2004118 Stat. 1480

Pub. L. 108–357, title III, § 337(b)Oct. 22, 2004118 Stat. 1480

Pub. L. 108–357, title VII, § 704(c)Oct. 22, 2004118 Stat. 1548

Pub. L. 108–357, title VII, § 706(d)Oct. 22, 2004118 Stat. 1550

Pub. L. 108–357Mar. 12, 2004section 847(e) of Pub. L. 108–357Oct. 3, 2004section 849 of Pub. L. 108–357section 470 of this titleAmendment by section 847(a), (c), (d) of applicable to leases entered into after , and amendment by applicable to leases entered into after , except that such amendments inapplicable to qualified transportation property, see , set out as an Effective Date note under .

Pub. L. 108–357, title VIII, § 901(d)Oct. 22, 2004118 Stat. 1651

section 403(a) of Pub. L. 108–311Pub. L. 107–147section 403(f) of Pub. L. 108–311section 56 of this titleAmendment by effective as if included in the provisions of the Job Creation and Worker Assistance Act of 2002, , to which such amendment relates, see , set out as a note under .

Effective Date of 2003 Amendment

Pub. L. 108–27, title II, § 201(d)May 28, 2003117 Stat. 757

Effective Date of 2002 Amendment

Pub. L. 107–147, title I, § 101(b)Mar. 9, 2002116 Stat. 25

Effective Date of 1998 Amendment

Pub. L. 105–206Pub. L. 105–34section 6024 of Pub. L. 105–206section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see , set out as a note under .

Effective Date of 1997 Amendment

section 1086(b) of Pub. L. 105–34Aug. 5, 1997section 1086(c) of Pub. L. 105–34section 167 of this titleAmendment by applicable to property placed in service after , see , set out as a note under .

section 1213(c) of Pub. L. 105–34Aug. 5, 1997section 1213(e) of Pub. L. 105–34section 110 of this titleAmendment by applicable to leases entered into after , see , set out as an Effective Date note under .

Pub. L. 105–34, title XVI, § 1604(c)(2)Aug. 5, 1997111 Stat. 1098

Effective Date of 1996 Amendment

Pub. L. 104–188, title I, § 1120(c)Aug. 20, 1996110 Stat. 1765

Pub. L. 104–188, title I, § 1121(b)Aug. 20, 1996110 Stat. 1766

Pub. L. 104–188, title I, § 1613(b)(5)Aug. 20, 1996110 Stat. 1850

section 1702(h)(1) of Pub. L. 104–188Pub. L. 101–508, title XIsection 1702(i) of Pub. L. 104–188section 38 of this titleAmendment by effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, , to which such amendment relates, see , set out as a note under .

Effective Date of 1995 Amendment

Pub. L. 104–88Jan. 1, 1996section 2 of Pub. L. 104–88section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.

Effective Date of 1993 Amendment

Pub. L. 103–66, title XIII, § 13151(b)Aug. 10, 1993107 Stat. 448

Pub. L. 103–66, title XIII, § 13321(b)Aug. 10, 1993107 Stat. 559

Effective Date of 1990 Amendment

section 11812(b)(2) of Pub. L. 101–508Nov. 5, 1990section 168 of this titlesection 252(f)(5) of Pub. L. 99–514section 11812(c) of Pub. L. 101–508section 42 of this titleAmendment by applicable to property placed in service after , but not applicable to any property to which does not apply by reason of subsec. (f)(5) of section 168, and not applicable to rehabilitation expenditures described in , see , set out as a note under .

section 11813(b)(9) of Pub. L. 101–508Dec. 31, 1990section 49(e) of this titlesection 46(d) of this titlesection 46(b)(2)(C) of this titleNov. 4, 1990section 11813(c) of Pub. L. 101–508section 45K of this titleAmendment by applicable to property placed in service after , but not applicable to any transition property (as defined in ), any property with respect to which qualified progress expenditures were previously taken into account under , and any property described in , as such sections were in effect on , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239Pub. L. 100–647section 7817 of Pub. L. 101–239section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, , to which such amendment relates, see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–647, title I, § 1002(a)(23)(B)Nov. 10, 1988102 Stat. 3356

Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by sections 1002(a)(5)–(8), (11), (16)(B), (21), (i)(2)(A)–(G), and 1018(b)(2) of effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

Pub. L. 100–647, title VI, § 6027(c)Nov. 10, 1988102 Stat. 3693

Pub. L. 100–647, title VI, § 6028(b)Nov. 10, 1988102 Stat. 3694

Pub. L. 100–647, title VI, § 6029(d)Nov. 10, 1988102 Stat. 3694

Effective Date of 1986 Amendment; Transitional Rules

Pub. L. 99–514, title IIOct. 22, 1986100 Stat. 2143Pub. L. 99–509, title VIII, § 8071Oct. 21, 1986100 Stat. 1964Pub. L. 100–647, title I, § 1002(c)(1)Nov. 10, 1988102 Stat. 3358–3367

Pub. L. 100–647, title I, § 1002(c)(3)Nov. 10, 1988102 Stat. 3358

section 201(a) of Pub. L. 99–514Jan. 1, 1994Pub. L. 99–514section 46 of this titleAmendment by not applicable to any property placed in service before , if such property placed in service as part of specified rehabilitations, and not applicable to certain additional rehabilitations, see section 251(d)(2), (3) of , set out as a note under .

Pub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 48 of this titleAmendment by sections 1802(a)(1)–(2)(D), (G), (3), (4)(A), (B), (7), (b)(1), 1809(a)(1)–(2)(B), (4)(A), (B) of effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .

Pub. L. 99–514, title XVIII, § 1802(a)(2)(E)(ii)Oct. 22, 1986100 Stat. 2788

Pub. L. 99–514, title XVIII, § 1809(a)(2)(C)(i)Oct. 22, 1986100 Stat. 2819section 1809(a)(2)(C)(i) of Pub. L. 99–514Oct. 22, 1986, , , provided in part that amendment by is effective on and after .

Pub. L. 99–514, title XVIII, § 1809(b)(3)Oct. 22, 1986100 Stat. 2821

Effective Date of 1985 Amendment

Pub. L. 99–121, title I, § 105(b)Oct. 11, 198599 Stat. 510Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

Effective Date of 1984 Amendment

section 12 of Pub. L. 98–369Dec. 31, 1983section 18(a) of Pub. L. 98–369section 48 of this titleAmendment by applicable to taxable years ending after , see , set out as a note under .

Pub. L. 98–369, div. A, title I, § 31(g)July 18, 198498 Stat. 521Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095Pub. L. 100–647, title I, § 1018(b)(1)Nov. 10, 1988102 Stat. 3577

Pub. L. 99–514, title XVIII, § 1802(a)(10)(B)Oct. 22, 1986100 Stat. 2790section 1802(a)(10)(B) of Pub. L. 99–514section 31(g)(15)(D)(ii) of Pub. L. 98–369July 18, 1984[, , , provided in part that amendment by , amending , set out above, is effective with respect to property placed in service by the taxpayer after .]

Pub. L. 99–514, title XVIII, § 1802(a)(10)(D)(ii)Oct. 22, 1986100 Stat. 2790

Pub. L. 98–369, div. A, title I, § 32(c)July 18, 198498 Stat. 531Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

Pub. L. 98–369, div. A, title I, § 111(g)July 18, 198498 Stat. 634Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

section 113(a)(2) of Pub. L. 98–369Mar. 15, 1984section 113(c)(1) of Pub. L. 98–369section 48 of this titleAmendment by applicable to property placed in service after , in taxable years ending after such date, see , set out as a note under .

Pub. L. 98–369, div. A, title I, § 113(c)(2)July 18, 198498 Stat. 637Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

section 474(r)(7) of Pub. L. 98–369Dec. 31, 1983section 475(a) of Pub. L. 98–369section 21 of this titleAmendment by applicable to taxable years beginning after , and to carrybacks from such years, see , set out as a note under .

section 612(e) of Pub. L. 98–369Dec. 31, 1984Dec. 31, 1984section 612(g) of Pub. L. 98–369section 25 of this titleAmendment by applicable to interest paid or accrued after , on indebtedness incurred after , see , set out as an Effective Date note under .

section 628(b) of Pub. L. 98–369Dec. 31, 1983section 631(b) of Pub. L. 98–369section 103 of this titleAmendment by applicable to property placed in service after , with certain conditions and exceptions, see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 97–448Pub. L. 97–34section 109 of Pub. L. 97–448section 1 of this titleAmendment by title I of effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, , to which such amendment relates, see , set out as a note under .

Pub. L. 97–448, title I, § 102(a)(10)(B)Jan. 12, 198396 Stat. 2369Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

section 541 of Pub. L. 97–424Dec. 31, 1979Mar. 1, 1980section 541(c) of Pub. L. 97–424section 46 of this titleAmendment by applicable to taxable years beginning after , with a special rule for periods beginning before , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–354Dec. 31, 1982section 6(a) of Pub. L. 97–354section 1361 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective Date note under .

Pub. L. 97–248, title II, § 208(d)Sept. 3, 198296 Stat. 439Pub. L. 97–448, title III, § 306(a)(4)Jan. 12, 198396 Stat. 2400Pub. L. 98–369, div. A, title X, § 1067(a)July 18, 198498 Stat. 1048Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095