26 U.S.C. § 179E | Election to expense advanced mine safety equipment

(a)

Treatment as expenses

A taxpayer may elect to treat 50 percent of the cost of any qualified advanced mine safety equipment property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified advanced mine safety equipment property is placed in service.

(b)

Election

(1)

In general

An election under this section for any taxable year shall be made on the taxpayer’s return of the tax imposed by this chapter for the taxable year. Such election shall specify the advanced mine safety equipment property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe.

(2)

Election irrevocable

Any election made under this section may not be revoked except with the consent of the Secretary.

(c)

Qualified advanced mine safety equipment property

For purposes of this section, the term “qualified advanced mine safety equipment property” means any advanced mine safety equipment property for use in any underground mine located in the United States—

(1)

the original use of which commences with the taxpayer, and

(2)

which is placed in service by the taxpayer after the date of the enactment of this section.

(d)

Advanced mine safety equipment property

For purposes of this section, the term “advanced mine safety equipment property” means any of the following:

(1)

Emergency communication technology or device which is used to allow a miner to maintain constant communication with an individual who is not in the mine.

(2)

Electronic identification and location device which allows an individual who is not in the mine to track at all times the movements and location of miners working in or at the mine.

(3)

Emergency oxygen-generating, self-rescue device which provides oxygen for at least 90 minutes.

(4)

Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner on a shift, in the event of an accident or other event which traps the miner in the mine or otherwise necessitates the use of such a self-rescue device, the ability to survive for at least 48 hours.

(5)

Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide, methane, and oxygen that are present in all areas of the mine and which can detect smoke in the case of a fire in a mine.

(e)

Coordination with section 179

No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property specified in an election under section 179.

(f)

Reporting

No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require.

(g)

Termination

December 31, 2017This section shall not apply to property placed in service after .

Pub. L. 109–432, div. A, title IV, § 404(a)Dec. 20, 2006120 Stat. 2955 Pub. L. 110–343, div. C, title III, § 311Oct. 3, 2008122 Stat. 3869 Pub. L. 111–312, title VII, § 743(a)Dec. 17, 2010124 Stat. 3319 Pub. L. 112–240, title III, § 316(a)Jan. 2, 2013126 Stat. 2331 Pub. L. 113–295, div. A, title I, § 128(a)Dec. 19, 2014128 Stat. 4018 Pub. L. 114–113, div. Q, title I, § 168(a)Dec. 18, 2015129 Stat. 3067 Pub. L. 115–123, div. D, title I, § 40307(a)Feb. 9, 2018132 Stat. 146(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 109–432Dec. 20, 2006The date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of , which was approved .

Amendments

Pub. L. 115–123December 31, 2017December 31, 20162018—Subsec. (g). substituted “” for “”.

Pub. L. 114–113December 31, 2016December 31, 20142015—Subsec. (g). substituted “” for “”.

Pub. L. 113–295December 31, 2014December 31, 20132014—Subsec. (g). substituted “” for “”.

Pub. L. 112–240December 31, 2013December 31, 20112013—Subsec. (g). substituted “” for “”.

Pub. L. 111–312December 31, 2011December 31, 20092010—Subsec. (g). substituted “” for “”.

Pub. L. 110–343December 31, 2009December 31, 20082008—Subsec. (g). substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–123, div. D, title I, § 40307(b)Feb. 9, 2018132 Stat. 146

December 31, 2016“The amendment made by this section [amending this section] shall apply to property placed in service after .”

, , , provided that:

Effective Date of 2015 Amendment

Pub. L. 114–113, div. Q, title I, § 168(b)Dec. 18, 2015129 Stat. 3067

December 31, 2014“The amendment made by this section [amending this section] shall apply to property placed in service after .”

, , , provided that:

Effective Date of 2014 Amendment

Pub. L. 113–295, div. A, title I, § 128(b)Dec. 19, 2014128 Stat. 4018

December 31, 2013“The amendment made by this section [amending this section] shall apply to property placed in service after .”

, , , provided that:

Effective Date of 2013 Amendment

Pub. L. 112–240, title III, § 316(b)Jan. 2, 2013126 Stat. 2331

December 31, 2011“The amendment made by this section [amending this section] shall apply to property placed in service after .”

, , , provided that:

Effective Date of 2010 Amendment

Pub. L. 111–312, title VII, § 743(b)Dec. 17, 2010124 Stat. 3319

December 31, 2009“The amendment made by this section [amending this section] shall apply to property placed in service after .”

, , , provided that:

Effective Date

Pub. L. 109–432, div. A, title IV, § 404(c)Dec. 20, 2006120 Stat. 2957

Dec. 20, 2006“The amendments made by this section [enacting this section and amending sections 263, 312, and 1245 of this title] shall apply to costs paid or incurred after the date of the enactment of this Act [].”

, , , provided that: