26 U.S.C. § 193 | Tertiary injectants

(a)

Allowance of deduction

There shall be allowed as a deduction for the taxable year an amount equal to the qualified tertiary injectant expenses of the taxpayer for tertiary injectants injected during such taxable year.

(b)

Qualified tertiary injectant expenses

For purposes of this section—

(1)

In general

The term “qualified tertiary injectant expenses” means any cost paid or incurred (whether or not chargeable to capital account) for any tertiary injectant (other than a hydrocarbon injectant which is recoverable) which is used as a part of a tertiary recovery method.

(2)

Hydrocarbon injectant

The term “hydrocarbon injectant” includes natural gas, crude oil, and any other injectant which is comprised of more than an insignificant amount of natural gas or crude oil. The term does not include any tertiary injectant which is hydrocarbon-based, or a hydrocarbon-derivative, and which is comprised of no more than an insignificant amount of natural gas or crude oil. For purposes of this paragraph, that portion of a hydrocarbon injectant which is not a hydrocarbon shall not be treated as a hydrocarbon injectant.

(3)

Tertiary recovery method

The term “tertiary recovery method” means—

(A)

any method which is described in subparagraphs (1) through (9) of section 212.78(c) of the June 1979 energy regulations (as defined by section 4996(b)(8)(C) as in effect before its repeal), or

(B)

any other method to provide tertiary enhanced recovery which is approved by the Secretary for purposes of this section.

(c)

Application with other deductions

No deduction shall be allowed under subsection (a) with respect to any expenditure—

(1)

with respect to which the taxpayer has made an election under section 263(c), or

(2)

with respect to which a deduction is allowed or allowable to the taxpayer under any other provision of this chapter.

Pub. L. 96–223, title II, § 251(a)(1)Apr. 2, 198094 Stat. 286 Pub. L. 97–448, title II, § 202(b)Jan. 12, 198396 Stat. 2396 Pub. L. 100–418, title I, § 1941(b)(7)Aug. 23, 1988102 Stat. 1324(Added , , ; amended , , ; , , .)

Editorial Notes

References in Text

Pub. L. 100–418, title I, § 1941(a)Aug. 23, 1988102 Stat. 1322Section 4996(b)(8)(C), referred to in subsec. (b)(3)(A), was repealed by , , .

Amendments

Pub. L. 100–4181988—Subsec. (b)(3)(A). substituted “section 4996(b)(8)(C) as in effect before its repeal” for “section 4996(b)(8)(C)”.

Pub. L. 97–4481983—Subsec. (b)(1). struck out “during the taxable year” after “any cost paid or incurred”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–418Aug. 23, 1988section 1941(c) of Pub. L. 100–418 section 164 of this titleAmendment by applicable to crude oil removed from the premises on or after , see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 97–448 Pub. L. 96–223 section 203(a) of Pub. L. 97–448 section 6652 of this titleAmendment by effective, except as otherwise provided, as if it had been included in the provision of the Crude Oil Windfall Profit Tax Act of 1980, , to which such amendment relates, see , set out as a note under .

Effective Date

Pub. L. 96–223, title II, § 251(b)Apr. 2, 198094 Stat. 287

December 31, 1979“The amendments made by this section [enacting this section and amending sections 263, 1245, and 1250 of this title] shall apply to taxable years beginning after .”

, , , provided that: