§ 280F. Limitation on depreciation for luxury automobiles; limitation where certain property used for personal purposes

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Tax Reform Act of 1984

   Pub. L. 98–369 div. A title I § 179(a) · 98 Stat. 494

   Enacted · 26 U.S.C. § 280F

   Added Pub. L. 98–369, div. A, title I, § 179(a), July 18, 1984, 98 Stat. 713

   Source evidence

   Code source credit
   Added Pub. L. 98–369, div. A, title I, § 179(a), July 18, 1984, 98 Stat. 713

   Enacted provision · exact public law section
   (a) In General.— Part IX of subchapter B of chapter 1 (relating to items not deductible) is amended by adding after section 280E the following new section: “SEC. 280F. LIMITATION ON INVESTMENT TAX CREDIT AND DEPRECIATION FOR LUXURY AUTOMOBILES; LIMITATION WHERE CERTAIN PROPERTY USED FOR PERSONAL PURPOSES. “(a) Limitation on Amount of Investment Tax Credit and Depreciation for Luxury Automobiles.— “(1) Investment tax credit.— The amount of the credit determined under section 46(a) for any passenger automobile shall Post, p. 834. not exceed $1,000. “(2) Depreciation.— “(A) Limitation.— The amount of the recovery deduction for any taxable year for any passenger automobile shall not exceed— “(i) $4,000 for the first taxable year in the recovery period, and “(ii) $6,000 for each succeeding taxable year in the recovery period. “(B) Disallowed deductions allowed for years after recovery period.— “(i) In general.— Except as provided in clause (ii), the unrecovered basis of any passenger automobile shall be treated as an expense for the 1st taxable year after the recovery period. Any excess of the unrecovered basis over the limitation of clause (ii) shall be treated as an expense in the succeeding taxable year. “(ii) $6,000 limitation.— The amount treated as an expense under clause (i) for any taxable year shall not exceed $6,000. “(iii) Property must be depreciable.— No amount shall be allowable as a deduction by reason of this subparagraph with respect to any property for any taxable year unless a depreciation deduction would be allowable with respect to such property for such taxable year. “(iv) Amount treated as recovery deduction.— For purposes of this subtitle, any amount allowable as a deduction by reason of this subparagraph shall be treated as a recovery deduction allowable under section 168. “(3) Coordination with reductions in amount allowable by reason of personal use, etc.— This subsection shall be applied before— “(A) the application of subsection (b), and “(B) the application of any other reduction in the amount of the credit determined under section 46(a) or any recovery deduction allowable under section 168 by reason of any use not qualifying the property for such credit or recovery deduction. “(4) Special rule where election of reduced credit in lieu of the basis adjustment.— In the case of any election under section 48(q)(4) with respect to any passenger automobile, the limitation of paragraph (1) applicable to such passenger automobile shall be % of the amount which would be so applicable but for this paragraph. “(b) Limitation Where Business Use of Listed Property Not Greater Than 50 Percent.— “(1) Investment tax credit— For purposes of this subtitle, Post, p. 827. any listed property shall not be treated as section 38 property for any taxable year unless such property is predominantly used in a qualified business use for such taxable year. “(2) Depreciation.— If any listed property is not predominantly used in a qualified business use for any taxable year, the deduction allowed under section 168 with respect to such property for such taxable year and any subsequent taxable year shall be determined under the straight line method over the earnings and profits life for such property. “(3) Recapture.— “(A) Where business use percentage does not exceed 50 percent.— If— “(i) property is predominantly used in a qualified business use in a taxable year in which it is placed in service, and “(ii) such property is not predominantly used in a qualified business use for any subsequent taxable year, then any excess depreciation shall be included in gross income for the taxable year referred to in clause (ii), and the recovery deduction for the taxable year referred to in clause (ii) and any subsequent taxable years shall be determined under the straight line method over the earnings and profits life. “(B) Excess depreciation.— For purposes of subparagraph (A), the term ‘excess depreciation means the excess (if any) of— “(i) the amount of the recovery deductions allowable with respect to the property for taxable years before the 1st taxable year in which the property was not predominantly used in a qualified business use, over “(ii) the amount which would have been so allowable if the property had not been predominantly used in a qualified business use for the taxable year in which it was placed in service. “(4) Definitions.— For purposes of this subsection— “(A) Property predominantly used in qualified business use.— Property shall be treated as predominantly used in a qualified business use for any taxable year if the business use percentage for such taxable year exceeds 50 percent. “(B) Straight line method over earnings and profits life.— The amount determined under the straight line method over the earnings and profits life with respect to any property shall be the amount which would be determined with respect to such property under the principles of section 312(k)(3). If the recovery period applicable to any property under section 168 is longer than the recovery period applicable to such property under section 312(k)(3), such longer recovery period shall be used for purposes of the preceding sentence. “(c) Treatment of Leases.— “(1) Lessor’s credits and deductions not affected.— This section shall not apply to any listed property leased or held for leasing by any person regularly engaged in the business of leasing such property. “(2) Lessee’s deductions reduced.— For purposes of determining the amount allowable as a deduction under this chapter for rentals or other payments under a lease for a period of 30 days or more of listed property, only the allowable percentage of such payments shall be taken into account. “(3) Allowable percentage.— For purposes of paragraph (2), the allowable percentage shall be determined under tables prescribed by the Secretary. Such tables shall be prescribed so that the reduction in the deduction under paragraph (2) is substantially equivalent to the applicable restrictions contained in subsections (a) and (b). “(4) Lease term.— In determining the term of any lease for purposes of paragraph (2), the rules of section 168(j)(6)(B) shall Ante, p. 509. apply. “(5) Lessee recapture— Under regulations prescribed by the Secretary, rules similar to the rules of subsection (b)(3) shall apply to any lessee to which paragraph (2) applies. “(d) Definitions and Special Rules.— For purposes of this section— “(1) Coordination with section 179.— Any deduction allowable under section 179 with respect to any listed property shall be subject to the limitations of subsections (a) and (b) in the same manner as if it were a recovery deduction allowable under section 168. “(2) Subsequent depreciation deductions reduced for deductions allocable to personal use.— Solely for purposes of determining the amount of the recovery deduction for subsequent taxable years, if less than 100 percent of the use of any listed property during any taxable year is not use described in section 168(C)(i) (defining recovery property), all of the use of such property during such taxable year shall be treated as use so described. “(3) Deductions of employee.— “(A) In general.— Any employee use of listed property shall not be treated as use in a trade or business for purposes of determining the amount of any credit allowable under section 38 to the employee or the amount of any Post, p. 827. recovery deduction allowable to the employee unless such use is for the convenience of the employer and required as a condition of employment. “(B) Employee use.— For purposes of subparagraph (A), the term ‘employee use’ means any use in connection with the performance of services as an employee. “(4) Listed property.— “(A) In general.— Except as provided in subparagraph (B), the term ‘listed property’ means— “(i) any passenger automobile, “(ii) any other property used as a means of transportation, “(iii) any property of a type generally used for purposes of entertainment, recreation, or amusement, “(iv) any computer or peripheral equipment (as defined in section 168(j)(5)(D)), and Ante, p. 509. “(v) any other property of a type specified by the Secretary by regulations. “(B) Exception for certain computers.— The term ‘listed property’ shall not include any computer or peripheral equipment (as so defined) used exclusively at a regular business establishment. For purposes of the preceding sentence, any portion of a dwelling unit shall be treated as a regular business establishment if (and only if) the requirements of section 280A(c)(1) are met with respect to such portion. “(5) Passenger automobile.— “(A) In general.— Except as provided in subparagraph (B), the term ‘passenger automobile’ means any 4-wheeled vehicle— “(i) which is manufactured primarily for use on public streets, roads, and highways, and “(ii) which is rated at 6,000 pounds gross vehicle weight or less. “(B) Exception for certain vehicles.— The term ‘passenger automobile’ shall not include— “(i) any ambulance, hearse, or combination ambulance-hearse used by the taxpayer directly in a trade or business, “(ii) any vehicle used by the taxpayer directly in the trade or business of transporting persons or property for compensation or hire, and “(iii) under regulations, any truck or van. “(6) Business use percentage.— “(A) In general.— The term ‘business use percentage’ means the percentage of the use of any listed property during any taxable year which is a qualified business use. “(B) Qualified business use.— Except as provided in subparagraph (C), the term ‘qualified business use’ means any use in a trade or business of the taxpayer. “(C) Exception for certain use by 5-percent owners and related persons.— “(i) In general.— The term ‘qualified business use’ shall not include— “(I) leasing property to any 5-percent owner or related person, “(II) use of property provided as compensation for the performance of services by a 5-percent owner or related person, or “(III) use of property provided as compensation for the performance of services by any person not described in subclause (II) unless an amount is included in the gross income of such person with respect to such use, and, where required, there was withholding under chapter 24. “(ii) Special rule for aircraft.— Clause (i) shall not apply with respect to any aircraft if at least 25 percent of the total use of the aircraft during the taxable year consists of qualified business use not described in clause (i). “(D) Definitions.— For purposes of this paragraph— “(i) 5-percent owner.— The term ^5-percent owner’ means any person who is a 5-percent owner with re- spect to the taxpayer (as defined in section 416(i)(1)(B)(i)). “(ii) Related person.— The term ‘related person’ means any person related to the taxpayer (within the meaning of section 267(b)). “(7) Automobile price inflation adjustment.— “(A) In general.— In the case of any passenger automobile, subsection (a) shall be applied by increasing each dollar amount contained in such subsection by the automobile price inflation adjustment for the calendar year in which such automobile is placed in service. Any increase under the preceding sentence shall be rounded to the near-est multiple of $100 (or if the increase is a multiple of $50, such increase shall be increased to the next higher multiple of $100). “(B) Automobile price inflation adjustment.— For purposes of this paragraph— “(i) In general.— The automobile price inflation adjustment for any calendar year is the percentage (if any) by which— “(I) the CPI automobile component for October of the preceding calendar year, exceeds “(II) the CPI automobile component for October of 1983. In the case of calendar year 1984, the automobile price inflation adjustment shall be zero. “(ii) CPI automobile component.— The term ‘CPI automobile component’ means the automobile component of the Consumer Price Index for All Urban Consumers published by the Department of Labor. “(8) Unrecovered basis.— For purposes of subsection (a)(2), the term ‘unrecovered basis’ means the excess (if any) of— “(A) the unadjusted basis (as defined in section 168(d)(1)(A)) of the passenger automobile, over “(B) the amount of the recovery deductions which would have been allowable for taxable years in the recovery period determined after the application of subsection (a) and as if all use during the recovery period were use described in section 168(c)(1). “(9) All taxpayers holding interests in passenger automobile treated as i taxpayer.— All taxpayers holding interests in any passenger automobile shall be treated as 1 taxpayer for purposes of applying subsection (a) to such automobile, and the limitations of subsection (a) shall be allocated among such taxpayers in proportion to their interests in such automobile. “(10) Special rule for property acquired in nonrecognition transactions.— For purposes of subsection (a)(2), notwithstanding any regulations prescribed under section 168(f)(7), any property acquired in a nonrecognition transaction shall be treated as a single property originally placed in service in the taxable year in which it was placed in service after being so acquired. “(e) Regulations.— The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations with respect to items properly included in, or excluded from, the adjusted basis of any listed property.”

2. 1985

   Pub. L. 99–44 § 4(a)(1) · 99 Stat. 77

   Substituted · 26 U.S.C. § 280F(a)(1)

   Pub. L. 99–44, § 4(a)(1), substituted “$675” for “$1,000”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–44, § 4(a)(1), substituted “$675” for “$1,000”.

   Enacted provision · exact public law section
   (1) Investment tax credit.— Paragraph (1) of section 280F(a) 98 Stat. 713. 26 USC 280F. of the Internal Revenue Code of 1954 (relating to investment tax credit) is amended by striking out “$1,000” and inserting in lieu thereof “$675”.

3. 1985

   Pub. L. 99–44 § 4(a)(2)(A) · 99 Stat. 77

   Substituted · 26 U.S.C. § 280F(a)(2)(A)(i)

   Pub. L. 99–44, § 4(a)(2)(A), substituted “$3,200” for “$4,000”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A)(i). Pub. L. 99–44, § 4(a)(2)(A), substituted “$3,200” for “$4,000”.

   Enacted provision · exact public law section
   (A) by striking out “$4,000” in subparagraph (A)(i) and inserting in lieu thereof “$3,200”, and

4. 1985

   Pub. L. 99–44 § 4(a)(2)(B) · 99 Stat. 77

   Substituted · 26 U.S.C. § 280F(a)(2)(A)(ii); 26 U.S.C. § 280F(a)(2)(B)(ii)

   Pub. L. 99–44, § 4(a)(2)(B), substituted “$4,800” for “$6,000” wherever appearing in text and heading

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A)(ii), (B)(ii). Pub. L. 99–44, § 4(a)(2)(B), substituted “$4,800” for “$6,000” wherever appearing in text and heading.

   Enacted provision · exact public law section
   (B) by striking out “$6,000” each place it appears in subparagraphs (A)(ii) and (B)(ii) and inserting in lieu thereof “$4,800”.

5. 1985

   Pub. L. 99–44 § 4(b)(1) · 99 Stat. 77

   Inserted · 26 U.S.C. § 280F(d)(7)(A)

   Pub. L. 99–44, § 4(b)(1), inserted “placed in service after 1988” after “passenger automobile”

   Source evidence

   Code amendment note
   Subsec. (d)(7)(A). Pub. L. 99–44, § 4(b)(1), inserted “placed in service after 1988” after “passenger automobile”.

   Enacted provision · exact public law section
   (1) Adjustment after 1988.— Subparagraph (A) of section 280F(d)(7) of such Code (relating to automobile price inflation adjustment) is amended by striking out “passenger automobile” and inserting in lieu thereof “passenger automobile placed in service after 1988”.

6. 1985

   Pub. L. 99–44 § 4(b)(3) · 99 Stat. 77

   Struck · 26 U.S.C. § 280F(d)(7)(B)(i)

   Pub. L. 99–44, § 4(b)(3), struck out last sentence which directed that in the case of calendar year 1984, the automobile price inflation adjustment would be zero

   Source evidence

   Code amendment note
   Subsec. (d)(7)(B)(i). Pub. L. 99–44, § 4(b)(3), struck out last sentence which directed that in the case of calendar year 1984, the automobile price inflation adjustment would be zero.

   Enacted provision · exact public law section
   (3) Technical amendment.— Clause (i) of section 280F(d)(7)(B) of such Code is amended by striking out the last sentence.

7. 1985

   Pub. L. 99–44 § 4(b)(2) · 99 Stat. 77

   Substituted · 26 U.S.C. § 280F(d)(7)(B)(i)(II)

   Pub. L. 99–44, § 4(b)(2), substituted “1987” for “1983”

   Source evidence

   Code amendment note
   Subsec. (d)(7)(B)(i)(II). Pub. L. 99–44, § 4(b)(2), substituted “1987” for “1983”.

   Enacted provision · exact public law section
   (2) 1987 base period.— Subclause (ID of section 280F(d)(7)(B)(i) of such Code is amended by striking out “1983” and inserting in lieu thereof “1987”.

8. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 201(d)(4)(A)(i) · 100 Stat. 2085

   1. Substituted · 26 U.S.C. § 280F(a)(2)(A)

      Pub. L. 99–514, § 201(d)(4)(A)(i), (K), substituted “depreciation deduction” for “recovery deduction” in introductory provisions

   2. Substituted · 26 U.S.C. § 280F(a)(2)(A)

      Pub. L. 99–514, § 201(d)(4)(A)(i), (K), substituted cls. (i) to (iv) for former cls. (i) and (ii) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 99–514, § 201(d)(4)(A)(i), (K), substituted “depreciation deduction” for “recovery deduction” in introductory provisions and substituted cls. (i) to (iv) for former cls. (i) and (ii) which read as follows:

   “(i) $3,200 for the first taxable year in the recovery period, and “(ii) $4,800 for each succeeding taxable year in the recovery period.”

   Enacted provision · exact public law section
   (i) by striking out clauses (i) and (ii) of subparagraph (A) thereof and inserting in lieu thereof the following new clauses: “(i) $2,560 for the 1st taxable year in the recovery period, “(ii) $4,100 for the 2nd taxable year in the recovery period, “(iii) $2,450 for the 3rd taxable year in the recovery period, and “(iv) $1,475 for each succeeding taxable year in the recovery period.”, and (ii) by striking out “$4,800” each place it appears in subparagraph (B) thereof and inserting in lieu thereof “$1,475”.

9. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 201(d)(4)(A)(ii) · 100 Stat. 2085

   1. Substituted · 26 U.S.C. § 280F(a)(2)(B)

      Pub. L. 99–514, § 201(d)(4)(A)(ii), (K), substituted “$1,475” for “$4,800” in heading and text of cl. (iv)

   2. Substituted · 26 U.S.C. § 280F(a)(2)(B)

      Pub. L. 99–514, § 201(d)(4)(A)(ii), (K), substituted “depreciation deduction” for “recovery deduction” in heading and text of cl. (iv)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 99–514, § 201(d)(4)(A)(ii), (K), substituted “$1,475” for “$4,800” in heading and text of cl. (ii), and “depreciation deduction” for “recovery deduction” in heading and text of cl. (iv).

   Enacted provision · exact public law section
   (A) Paragraph (2) of section 280F(a) (relating to depreciation) is amended— (i) by striking out clauses (i) and (ii) of subparagraph (A) thereof and inserting in lieu thereof the following new clauses: “(i) $2,560 for the 1st taxable year in the recovery period, “(ii) $4,100 for the 2nd taxable year in the recovery period, “(iii) $2,450 for the 3rd taxable year in the recovery period, and “(iv) $1,475 for each succeeding taxable year in the recovery period.”, and (ii) by striking out “$4,800” each place it appears in subparagraph (B) thereof and inserting in lieu thereof “$1,475”.

10. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(K) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 280F(a)(3)(B)

    Pub. L. 99–514, § 201(d)(4)(K), substituted “depreciation deduction” for “recovery deduction” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 99–514, § 201(d)(4)(K), substituted “depreciation deduction” for “recovery deduction” in two places.

    Enacted provision · exact public law section
    (K) Subsections (a) and (b) of section 280F are amended by striking out “recovery deduction” each place it appears and inserting in lieu thereof “depreciation deduction”.

11. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(J) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 280F(b)(2)

    Pub. L. 99–514, § 201(d)(4)(J), substituted “section 168(g) (relating to alternative depreciation system)” for “the straight line method over the earnings and profits life for such property”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 99–514, § 201(d)(4)(J), substituted “section 168(g) (relating to alternative depreciation system)” for “the straight line method over the earnings and profits life for such property”.

    Enacted provision · exact public law section
    (J) Paragraph (2) of section 280F(b) is amended by striking out “the straight line method over the earnings and profits life for such property” and inserting in lieu thereof “section 168(g) (relating to alternative depreciation system)”.

12. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(B) · 100 Stat. 2085

    1. Substituted · 26 U.S.C. § 280F(b)(3)(A)

       Pub. L. 99–514, § 201(d)(4)(B), (K), substituted “depreciation deduction” for “recovery deduction” in closing provisions

    2. Substituted · 26 U.S.C. § 280F(b)(3)(A)

       Pub. L. 99–514, § 201(d)(4)(B), (K), substituted “section 168(g) (relating to alternative depreciation system)” for “the straight line method over the earnings and profits life” in closing provisions

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 99–514, § 201(d)(4)(B), (K), substituted “depreciation deduction” for “recovery deduction” and “section 168(g) (relating to alternative depreciation system)” for “the straight line method over the earnings and profits life” in closing provisions.

    Enacted provision · exact public law section
    (B) Subparagraph (A) of section 280F(b)(3) (relating to recapture) is amended by striking out “the straight line method over the earnings and profits life” and inserting in lieu thereof “section 168(g) (relating to alternative depreciation system)”.

13. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(C) · 100 Stat. 2085

    1. Changed · 26 U.S.C. § 280F(b)(4)

       Pub. L. 99–514, § 201(d)(4)(C), in amending par. (4) generally

    2. Struck · 26 U.S.C. § 280F(b)(4)

       Pub. L. 99–514, § 201(d)(4)(C), in struck out heading “Definitions”

    3. Redesignated · 26 U.S.C. § 280F(b)(4)

       Pub. L. 99–514, § 201(d)(4)(C), in redesignated as par. (4) former subpar. (A) heading and text

    4. Substituted · 26 U.S.C. § 280F(b)(4)

       Pub. L. 99–514, § 201(d)(4)(C), in substituted “For purposes of this section, property” for “Property”

    5. Struck · 26 U.S.C. § 280F(b)(4)

       Pub. L. 99–514, § 201(d)(4)(C), in struck out former subpar. (B) definition of straight line method over earnings and profits life

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 99–514, § 201(d)(4)(C), in amending par. (4) generally, struck out heading “Definitions”, redesignated as par. (4) former subpar. (A) heading and text, substituted “For purposes of this section, property” for “Property”, and struck out former subpar. (B) definition of straight line method over earnings and profits life.

    Enacted provision · exact public law section
    (C) Paragraph (4) of section 280F(b) (relating to definitions) is amended to read as follows: “(4) Property predominantly used in qualified business use.— For purposes of this subsection, property shall be treated as predominantly used in a qualified business use for any taxable year if the business use percentage for such taxable year exceeds 50 percent.”

14. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(D) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 280F(c)(4)

    Pub. L. 99–514, § 201(d)(4)(D), substituted “section 168(i)(3)(A)” for “section 168(j)(6)(B)”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 99–514, § 201(d)(4)(D), substituted “section 168(i)(3)(A)” for “section 168(j)(6)(B)”.

    Enacted provision · exact public law section
    (D) Paragraph (4) of section 280F(c) is amended by striking out “section 168(j)(6)(B)” and inserting in lieu thereof “section 168(i)(3)(A)”.

15. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(E) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 280F(d)(1)

    Pub. L. 99–514, § 201(d)(4)(E), substituted “depreciation deduction” for “recovery deduction”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 99–514, § 201(d)(4)(E), substituted “depreciation deduction” for “recovery deduction”.

    Enacted provision · exact public law section
    (E) Paragraph (1) of section 280F(d) is amended by striking out “recovery deduction” and inserting in lieu thereof “depreciation deduction”.

16. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1812(e)(5) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 280F(d)(2)

    Pub. L. 99–514, § 1812(e)(5), substituted “is use described in” for “is not use described in”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 99–514, § 1812(e)(5), substituted “is use described in” for “is not use described in”.

    Enacted provision · exact public law section
    (5) Clerical amendment.— Paragraph (2) of section 280F(d) (relating to subsequent depreciation deductions reduced for deductions allocable to personal use) is amended by striking out “is not use described in” and inserting in lieu thereof “is use described in”.

17. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(F) · 100 Stat. 2085

    1. Substituted · 26 U.S.C. § 280F(d)(2)

       Pub. L. 99–514, § 201(d)(4)(F), substituted “depreciation deduction” for “recovery deduction”

    2. Substituted · 26 U.S.C. § 280F(d)(2)

       Pub. L. 99–514, § 201(d)(4)(F), substituted “use in a trade or business (including the holding for the production of income)” for “use described in section 168(c)(1) (defining recovery property)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–514, § 201(d)(4)(F), substituted “depreciation deduction” for “recovery deduction” and “use in a trade or business (including the holding for the production of income)” for “use described in section 168(c)(1) (defining recovery property)”.

    Enacted provision · exact public law section
    (F) Paragraph (2) of section 280F(d) is amended— (i) by striking out “recovery deduction” and inserting in lieu thereof “depreciation deduction”, and (ii) by striking out “use described in section 168(c)(1) (defining recovery property)” and inserting in lieu thereof “use in a trade or business (including the holding for the production of income)”.

18. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1812(e)(2) · 100 Stat. 2085

    Inserted · 26 U.S.C. § 280F(d)(3)(A)

    Pub. L. 99–514, § 1812(e)(2), inserted “(or the amount of any deduction allowable to the employee for rentals or other payments under a lease of listed property)”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 99–514, § 1812(e)(2), inserted “(or the amount of any deduction allowable to the employee for rentals or other payments under a lease of listed property)”.

    Enacted provision · exact public law section
    (2) Deductions of employee for use of listed property.— Subparagraph (A) of section 280F(d)(3) (relating to deductions of employee) is amended by striking out “recovery deduction allowable to the employee” and inserting in lieu thereof “recovery deduction allowable to the employee (or the amount of any deduction allowable to the employee for rentals or other payments under a lease of listed property)”.

19. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(G) · 100 Stat. 2085

    Substituted · 26 U.S.C. § 280F(d)(4)(A)(iv)

    Pub. L. 99–514, § 201(d)(4)(G), substituted “section 168(i)(2)(B)” for “section 168(j)(5)(D)”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(iv). Pub. L. 99–514, § 201(d)(4)(G), substituted “section 168(i)(2)(B)” for “section 168(j)(5)(D)”.

    Enacted provision · exact public law section
    (G) Clause (iv) of section 280F(d)(4)(A) is amended by striking out “section 168(i)(5)(D)” and inserting in lieu thereof “section 168(i)(2)(B)”.

20. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1812(e)(3) · 100 Stat. 2085

    Inserted · 26 U.S.C. § 280F(d)(4)(B)

    Pub. L. 99–514, § 1812(e)(3), inserted “and owned or leased by the person operating such establishment”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B). Pub. L. 99–514, § 1812(e)(3), inserted “and owned or leased by the person operating such establishment”.

    Enacted provision · exact public law section
    (3) Treatment of certain computers.— Subparagraph (B) of section 28OF(d)(4) (relating to exception for certain computers) is amended by striking out “at a regular business establishment” and inserting in lieu thereof “at a regular business establishment and owned or leased by the person operating such establishment”.

21. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1812(e)(4) · 100 Stat. 2085

    Added · 26 U.S.C. § 280F(d)(4)(C)

    Pub. L. 99–514, § 1812(e)(4), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (d)(4)(C). Pub. L. 99–514, § 1812(e)(4), added subpar. (C).

    Enacted provision · exact public law section
    (4) Exception for property used in business of transporting persons or property.— Paragraph (4) of section 280F(d) (defining listed property) is amended by adding at the end thereof the following new subparagraph: “(C) Exception for property used in business of transporting persons or property.— Except to the extent provided in regulations, clause (ii) of subparagraph (A) shall not apply to any property substantially all of the use of which is in a trade or business of providing to unrelated persons services consisting of the transportation of persons or property for compensation or hire.”

22. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1812(e)(1)(A) · 100 Stat. 2085

    1. Substituted · 26 U.S.C. § 280F(d)(5)(A)

       Pub. L. 99–514, § 1812(e)(1)(A), (C), substituted “unloaded gross vehicle weight” for “gross vehicle weight” in cl. (ii)

    2. Substituted · 26 U.S.C. § 280F(d)(5)(A)

       Pub. L. 99–514, § 1812(e)(1)(A), (C), inserted at end “In the case of a truck or van, clause (ii) shall be applied by substituting ‘gross vehicle weight’ for ‘unloaded gross vehicle weight’.”

    Source evidence

    Code amendment note
    Subsec. (d)(5)(A). Pub. L. 99–514, § 1812(e)(1)(A), (C), substituted “unloaded gross vehicle weight” for “gross vehicle weight” in cl. (ii) and inserted at end “In the case of a truck or van, clause (ii) shall be applied by substituting ‘gross vehicle weight’ for ‘unloaded gross vehicle weight’.”

    Enacted provision · exact public law section
    (A) Section 280f.— Clause (ii) of section 280F(d)(5)(A) (defining passenger automobile) is amended by striking out “gross vehicle weight” and inserting in lieu thereof “unloaded gross vehicle weight”.

23. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(H) · 100 Stat. 2085

    Amended · 26 U.S.C. § 280F(d)(8)

    Pub. L. 99–514, § 201(d)(4)(H), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “For purposes of subsection (a)(2), the term ‘unrecovered basis’ means the excess (if any) of—

    Source evidence

    Code amendment note
    Subsec. (d)(8). Pub. L. 99–514, § 201(d)(4)(H), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “For purposes of subsection (a)(2), the term ‘unrecovered basis’ means the excess (if any) of—

    “(A) the unadjusted basis (as defined in section 168(d)(1)(A)) of the passenger automobile, over “(B) the amount of the recovery deductions which would have been allowable for taxable years in the recovery period determined after the application of subsection (a) and as if all use during the recovery period were use described in section 168(c)(1).”

    Enacted provision · exact public law section
    (H) Paragraph (8) of section 280F(d) (defining unrecovered basis) is amended to read as follows: “(8) Unrecovered basis.— For purposes of subsection (a)(2), the term ‘unrecovered basis’ means the adjusted basis of the passenger automobile determined after the application of subsection (a) and as if all use during the recovery period were use in a trade or business (including the holding of property for the production of income).”

24. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 201(d)(4)(I) · 100 Stat. 2085

    Struck · 26 U.S.C. § 280F(d)(10)

    Pub. L. 99–514, § 201(d)(4)(I), struck out “, notwithstanding any regulations prescribed under section 168(f)(7),” after “For purposes of subsection (a)(2)”

    Source evidence

    Code amendment note
    Subsec. (d)(10). Pub. L. 99–514, § 201(d)(4)(I), struck out “, notwithstanding any regulations prescribed under section 168(f)(7),” after “For purposes of subsection (a)(2)”.

    Enacted provision · exact public law section
    (I) Paragraph (10) of section 280F(d) is amended by striking out , notwithstanding any regulations prescribed under section 168(f)(7),”.

25. 1988

    Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 § 1018(u)(3) · 102 Stat. 3342

    Substituted · 26 U.S.C. § 280F(b)(3)(B)(i)

    Pub. L. 100–647, § 1018(u)(3), substituted “depreciation deductions” for “recovery deductions”

    Source evidence

    Code amendment note
    Subsec. (b)(3)(B)(i). Pub. L. 100–647, § 1018(u)(3), substituted “depreciation deductions” for “recovery deductions”.

    Enacted provision · exact public law section
    (3) Clause (i) of section 280F(b)(3)(B) of the 1986 Code is amended by striking out “recovery deductions” and inserting in lieu thereof “depreciation deductions”.

26. 1988

    Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 § 1002(b)(2) · 102 Stat. 3342

    Substituted · 26 U.S.C. § 280F(d)(1)

    Pub. L. 100–647, § 1002(b)(2), substituted “subsections (a) and (b), and the limitation of paragraph (3) of this subsection,” for “subsections (a) and (b)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 100–647, § 1002(b)(2), substituted “subsections (a) and (b), and the limitation of paragraph (3) of this subsection,” for “subsections (a) and (b)”.

    Enacted provision · exact public law section
    (2) Paragraph (1) of section 280F(d) of the 1986 Code is amended by striking out “subsections (a) and (b)” and inserting in lieu thereof “subsections (a) and (b), and the limitation of paragraph (3) of this subsection,”,

27. 1988

    Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 § 1002(a)(10) · 102 Stat. 3342

    Substituted · 26 U.S.C. § 280F(d)(3)(A)

    Pub. L. 100–647, § 1002(a)(10), substituted “depreciation deduction” for “recovery deduction”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 100–647, § 1002(a)(10), substituted “depreciation deduction” for “recovery deduction”.

    Enacted provision · exact public law section
    (10) Subparagraph (A) of section 280F(d)(3) of the 1986 Code is amended by striking out “any recovery deduction” and inserting in lieu thereof “any depreciation deduction”.

28. 1989

    Revenue Reconciliation Act of 1989

    Pub. L. 101–239 title VII § 7643(a) · 103 Stat. 2106

    1. Added · 26 U.S.C. § 280F(d)(4)(A)(v); 26 U.S.C. § 280F(d)(4)(A)(vi)

       Pub. L. 101–239 added cl. (v)

    2. Redesignated · 26 U.S.C. § 280F(d)(4)(A)(v); 26 U.S.C. § 280F(d)(4)(A)(vi)

       Pub. L. 101–239 redesignated former cl. (v) as (vi)

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(v), (vi). Pub. L. 101–239 added cl. (v) and redesignated former cl. (v) as (vi).

    Enacted provision · exact public law section
    (a) General Rule.— Subparagraph (A) of section 280F(d)(4) (defining listed property) is amended by striking “and” at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: “(v) any cellular telephone (or other similar telecommunications equipment), and”.

29. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(E) · 104 Stat. 1388

    Struck · 26 U.S.C. § 280F

    Pub. L. 101–508, § 11813(b)(13)(E), struck out “investment tax credit and” after “Limitation on” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 101–508, § 11813(b)(13)(E), struck out “investment tax credit and” after “Limitation on” in section catchline.

    Enacted provision · exact public law section
    (E) The section heading of section 280F is amended by striking “INVESTMENT TAX CREDIT AND”.

30. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(A)(i) · 104 Stat. 1388

    1. Redesignated · 26 U.S.C. § 280F(a)(1)

       Pub. L. 101–508, § 11813(b)(13)(A)(i), redesignated par. (2) as (1)

    2. Struck · 26 U.S.C. § 280F(a)(1)

       Pub. L. 101–508, § 11813(b)(13)(A)(i), struck out former par. (1) “Investment tax credit” which read as follows: “The amount of the credit determined under section 46(a) for any passenger automobile shall not exceed $675.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–508, § 11813(b)(13)(A)(i), redesignated par. (2) as (1) and struck out former par. (1) “Investment tax credit” which read as follows: “The amount of the credit determined under section 46(a) for any passenger automobile shall not exceed $675.”

    Enacted provision · exact public law section
    (i) by striking paragraphs (1) and (4) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and

31. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(A)(i) · 104 Stat. 1388

    Redesignated · 26 U.S.C. § 280F(a)(2)

    Pub. L. 101–508, § 11813(b)(13)(A)(i), redesignated par. (3) as (2). Former par. (2) redesignated (1)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 101–508, § 11813(b)(13)(A)(i), redesignated par. (3) as (2). Former par. (2) redesignated (1).

    Enacted provision · exact public law section
    (i) by striking paragraphs (1) and (4) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and

32. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(A)(ii) · 104 Stat. 1388

    Struck · 26 U.S.C. § 280F(a)(2)(B)

    Pub. L. 101–508, § 11813(b)(13)(A)(ii), struck out “the credit determined under section 46(a) or” after “the amount of”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 101–508, § 11813(b)(13)(A)(ii), struck out “the credit determined under section 46(a) or” after “the amount of”.

    Enacted provision · exact public law section
    (ii) by striking “the credit determined under section 46(a) or” in paragraph (2)(B) (as redesignated by clause (i)).

33. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(A)(i) · 104 Stat. 1388

    Redesignated · 26 U.S.C. § 280F(a)(3)

    Pub. L. 101–508, § 11813(b)(13)(A)(i), redesignated par. (3) as (2)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–508, § 11813(b)(13)(A)(i), redesignated par. (3) as (2).

    Enacted provision · exact public law section
    (i) by striking paragraphs (1) and (4) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and

34. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(A)(i) · 104 Stat. 1388

    Struck · 26 U.S.C. § 280F(a)(4)

    Pub. L. 101–508, § 11813(b)(13)(A)(i), struck out par. (4) “Special rule where election of reduced credit in lieu of the basis adjustment” which read as follows: “In the case of any election under section 48(q)(4) with respect to any passenger automobile, the limitation of paragraph (1) applicable to such passenger automobile shall be ⅔ of the amount which would be so applicable but for this paragraph.”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–508, § 11813(b)(13)(A)(i), struck out par. (4) “Special rule where election of reduced credit in lieu of the basis adjustment” which read as follows: “In the case of any election under section 48(q)(4) with respect to any passenger automobile, the limitation of paragraph (1) applicable to such passenger automobile shall be ⅔ of the amount which would be so applicable but for this paragraph.”

    Enacted provision · exact public law section
    (i) by striking paragraphs (1) and (4) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and

35. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(B) · 104 Stat. 1388

    1. Redesignated · 26 U.S.C. § 280F(b)

       Pub. L. 101–508, § 11813(b)(13)(B), redesignated pars. (2) to (4) as (1) to (3), respectively

    2. Struck · 26 U.S.C. § 280F(b)

       Pub. L. 101–508, § 11813(b)(13)(B), struck out former par. (1) “Investment tax credit” which read as follows: “For purposes of this subtitle, any listed property shall not be treated as section 38 property for any taxable year unless such property is predominantly used in a qualified business use for such taxable year.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–508, § 11813(b)(13)(B), redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) “Investment tax credit” which read as follows: “For purposes of this subtitle, any listed property shall not be treated as section 38 property for any taxable year unless such property is predominantly used in a qualified business use for such taxable year.”

    Enacted provision · exact public law section
    (B) Subsection (b) of section 280F is amended by striking paragraph (1) and redesignating the following paragraphs accordingly.

36. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(C) · 104 Stat. 1388

    Struck · 26 U.S.C. § 280F(c)(1)

    Pub. L. 101–508, § 11813(b)(13)(C), struck out “credits and” after “Lessor’s” in heading

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 101–508, § 11813(b)(13)(C), struck out “credits and” after “Lessor’s” in heading.

    Enacted provision · exact public law section
    (C) The paragraph heading for paragraph (1) of section 280F(c) is amended by striking “credits and”.

37. 1990

    Revenue Reconciliation Act of 1990

    Pub. L. 101–508 § 11813(b)(13)(D) · 104 Stat. 1388

    Struck · 26 U.S.C. § 280F(d)(3)(A)

    Pub. L. 101–508, § 11813(b)(13)(D), struck out “the amount of any credit allowable under section 38 to the employee or” after “of determining”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(A). Pub. L. 101–508, § 11813(b)(13)(D), struck out “the amount of any credit allowable under section 38 to the employee or” after “of determining”.

    Enacted provision · exact public law section
    (D) Subparagraph (A) of section 280F(d)(3) is amended by striking “the amount of any credit allowable under section 38 to the employee or”.

38. 1996

    Small Business Job Protection Act of 1996

    Pub. L. 104–188 title I § 1702(h)(5) · 110 Stat. 1755

    Struck · 26 U.S.C. § 280F(a)

    Pub. L. 104–188 struck out “investment tax credit and” after “amount of” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–188 struck out “investment tax credit and” after “amount of” in heading.

    Enacted provision · exact public law section
    (5) The subsection heading for subsection (a) of section 280F is amended by striking “Investment Tax credit and”.

39. 1997

    Pub. L. 105–34 title IX § 971(a) · 111 Stat. 788

    Added · 26 U.S.C. § 280F(a)(1)(C)

    Pub. L. 105–34 added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 105–34 added subpar. (C).

    Enacted provision · exact public law section
    (a) In General.— Section 280F(a)(1) (relating to limiting depreciation on luxury automobiles) is amended by adding at the end the following new subparagraph: “(C) Special rule for certain clean-fuel passenger automobiles.— “(i) Modified automobiles.— In the case of a passenger automobile which is propelled by a fuel which is not a clean-burning fuel and to which is installed qualified clean-fuel vehicle property (as defined in section 179A(c)(1)(A)) for purposes of permitting such vehicle to be propelled by a clean burning fuel (as defined in section 179A(e)(1)), subparagraph (A) shall not apply to the cost of the installed qualified clean burning vehicle property. “(ii) Purpose built passenger vehicles.— In the case of a purpose built passenger vehicle (as defined in section 4001(a)(2)(C)(ii)), each of the annual limitations specified in subparagraph (A) shall be tripled.”.

40. 1998

    Internal Revenue Service Restructuring and Reform Act of 1998

    Pub. L. 105–206 title VI § 6009(c) · 112 Stat. 685

    Substituted · 26 U.S.C. § 280F(a)(1)(C)(ii)

    Pub. L. 105–206 substituted “subparagraphs (A) and (B)” for “subparagraph (A)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C)(ii). Pub. L. 105–206 substituted “subparagraphs (A) and (B)” for “subparagraph (A)”.

    Enacted provision · exact public law section
    (c) Amendment Related to Section 971 of 1997 Act.— Clause (ii) of section 280F(a)(1)(C) is amended by striking “subparagraph (A)” and inserting “subparagraphs (A) and (B)”.

41. 2002

    Job Creation and Worker Assistance Act of 2002

    Pub. L. 107–147 title VI § 602(b)(1) · 116 Stat. 21

    Added · 26 U.S.C. § 280F(a)(1)(C)(iii)

    Pub. L. 107–147 added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C)(iii). Pub. L. 107–147 added cl. (iii).

    Enacted provision · exact public law section
    (1) Subparagraph (C) of section 280F(a)(1) is amended by adding at the end the following new clause: “(iii) Application of subparagraph.— This subparagraph shall apply to property placed in service after August 5, 1997, and before January 1, 2007.”.

42. 2010

    Creating Small Business Jobs Act of 2010

    Pub. L. 111–240 title II § 2043(a) · 124 Stat. 2504

    1. Inserted · 26 U.S.C. § 280F(d)(4)(A)

       Pub. L. 111–240 inserted “ ‘and’ ” at end of clause (iv)

    2. Redesignated · 26 U.S.C. § 280F(d)(4)(A)

       Pub. L. 111–240 redesignated clause (vi) as (v)

    3. Struck · 26 U.S.C. § 280F(d)(4)(A)

       Pub. L. 111–240 struck out former cl. (v) which read as follows: “any cellular telephone (or other similar telecommunications equipment), and”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A). Pub. L. 111–240 inserted “ ‘and’ ” at end of clause (iv), redesignated clause (vi) as (v), and struck out former cl. (v) which read as follows: “any cellular telephone (or other similar telecommunications equipment), and”.

    Enacted provision · exact public law section
    (a) In General.— Subparagraph (A) of section 280F(d)(4) of the Internal Revenue Code of 1986 26 USC 280F. (defining listed property) is amended by adding “ ‘and’ ” at the end of clause (iv), by striking clause (v), and by redesignating clause (vi) as clause (v).

43. 2014

    Tax Technical Corrections Act of 2014

    Pub. L. 113–295 § 221(a)(34)(E) · 128 Stat. 4010

    Struck · 26 U.S.C. § 280F(a)(1)(C)

    Pub. L. 113–295, § 221(a)(34)(E), struck out subpar. (C) which related to special rules for certain automobiles modified to be propelled by a clean burning fuel and for purpose built passenger vehicles that were placed in service between Aug. 5, 1997, and Jan. 1, 2007

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 113–295, § 221(a)(34)(E), struck out subpar. (C) which related to special rules for certain automobiles modified to be propelled by a clean burning fuel and for purpose built passenger vehicles that were placed in service between Aug. 5, 1997, and Jan. 1, 2007.

    Enacted provision · exact public law section
    (E) Section 280F(a)(1) is amended by striking subparagraph (C).

44. 2014

    Tax Technical Corrections Act of 2014

    Pub. L. 113–295 § 220(j) · 128 Stat. 4010

    Substituted · 26 U.S.C. § 280F(d)(8); 26 U.S.C. § 280F(d)(10)

    Pub. L. 113–295, § 220(j), substituted “subsection (a)(1)” for “subsection (a)(2)”

    Source evidence

    Code amendment note
    Subsec. (d)(8), (10). Pub. L. 113–295, § 220(j), substituted “subsection (a)(1)” for “subsection (a)(2)”.

    Enacted provision · exact public law section
    (j) Paragraphs (8) and (10) of section 280F(d) are each amended by striking “subsection (a)(2)” and inserting “subsection (a)(1)”.

45. 2017

    Pub. L. 115–97 § 13202(a)(1)(A) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 280F(a)(1)(A)(i)

    Pub. L. 115–97, § 13202(a)(1)(A), substituted “$10,000” for “$2,560”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i). Pub. L. 115–97, § 13202(a)(1)(A), substituted “$10,000” for “$2,560”.

    Enacted provision · exact public law section
    (A) in clause (i), by striking “$2,560” and inserting “$10,000”,

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

46. 2017

    Pub. L. 115–97 § 13202(a)(1)(B) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 280F(a)(1)(A)(ii)

    Pub. L. 115–97, § 13202(a)(1)(B), substituted “$16,000” for “$4,100”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(ii). Pub. L. 115–97, § 13202(a)(1)(B), substituted “$16,000” for “$4,100”.

    Enacted provision · exact public law section
    (B) in clause (ii), by striking “$4,100” and inserting “$16,000”,

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

47. 2017

    Pub. L. 115–97 § 13202(a)(1)(C) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 280F(a)(1)(A)(iii)

    Pub. L. 115–97, § 13202(a)(1)(C), substituted “$9,600” for “$2,450”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(iii). Pub. L. 115–97, § 13202(a)(1)(C), substituted “$9,600” for “$2,450”.

    Enacted provision · exact public law section
    (C) in clause (iii), by striking “$2,450” and inserting “$9,600”, and

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

48. 2017

    Pub. L. 115–97 § 13202(a)(1)(D) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 280F(a)(1)(A)(iv)

    Pub. L. 115–97, § 13202(a)(1)(D), substituted “$5,760” for “$1,475”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(iv). Pub. L. 115–97, § 13202(a)(1)(D), substituted “$5,760” for “$1,475”.

    Enacted provision · exact public law section
    (D) in clause (iv), by striking “$1,475” and inserting “$5,760”.

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

49. 2017

    Pub. L. 115–97 § 13202(a)(2)(A) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 280F(a)(1)(B)(ii)

    Pub. L. 115–97, § 13202(a)(2)(A), substituted “$5,760” for “$1,475” in heading and text

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B)(ii). Pub. L. 115–97, § 13202(a)(2)(A), substituted “$5,760” for “$1,475” in heading and text.

    Enacted provision · exact public law section
    (A) Clause (ii) of section 280F(a)(1)(B) 26 USC 280F. is amended by striking “$1,475” in the text and heading and inserting “$5,760”.

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

50. 2017

    Pub. L. 115–97 § 13202(b)(1) · 131 Stat. 2054

    1. Redesignated · 26 U.S.C. § 280F(d)(4)(A)(iv); 26 U.S.C. § 280F(d)(4)(A)(v)

       Pub. L. 115–97, § 13202(b)(1), redesignated cl. (v) as (iv)

    2. Struck · 26 U.S.C. § 280F(d)(4)(A)(iv); 26 U.S.C. § 280F(d)(4)(A)(v)

       Pub. L. 115–97, § 13202(b)(1), struck out former cl. (iv) which read as follows: “any computer or peripheral equipment (as defined in section 168(i)(2)(B)), ‘and’ ”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(iv), (v). Pub. L. 115–97, § 13202(b)(1), redesignated cl. (v) as (iv) and struck out former cl. (iv) which read as follows: “any computer or peripheral equipment (as defined in section 168(i)(2)(B)), ‘and’ ”.

    Enacted provision · exact public law section
    (1) In general.— Section 280F(d)(4)(A) is amended— (A) by inserting “and” at the end of clause (iii), (B) by striking clause (iv), and (C) by redesignating clause (v) as clause (iv).

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

51. 2017

    Pub. L. 115–97 § 13202(b)(2) · 131 Stat. 2054

    1. Redesignated · 26 U.S.C. § 280F(d)(4)(B); 26 U.S.C. § 280F(d)(4)(C)

       Pub. L. 115–97, § 13202(b)(2), redesignated subpar. (C) as (B)

    2. Struck · 26 U.S.C. § 280F(d)(4)(B); 26 U.S.C. § 280F(d)(4)(C)

       Pub. L. 115–97, § 13202(b)(2), struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “The term ‘listed property’ shall not include any computer or peripheral equipment (as so defined) used exclusively at a regular business establishment and owned or leased by the person operating such establishment. For purposes of the preceding sentence, any portion of a dwelling unit shall be treated as a regular business establishment if (and only if) the requirements of section 280A(c)(1) are met with respect to such portion.”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B), (C). Pub. L. 115–97, § 13202(b)(2), redesignated subpar. (C) as (B) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “The term ‘listed property’ shall not include any computer or peripheral equipment (as so defined) used exclusively at a regular business establishment and owned or leased by the person operating such establishment. For purposes of the preceding sentence, any portion of a dwelling unit shall be treated as a regular business establishment if (and only if) the requirements of section 280A(c)(1) are met with respect to such portion.”

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 280F(d)(4) is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B).

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

52. 2017

    Pub. L. 115–97 § 13202(a)(2)(B)(i) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 280F(d)(7)(A)

    Pub. L. 115–97, § 13202(a)(2)(B)(i), substituted “2018” for “1988”

    Source evidence

    Code amendment note
    Subsec. (d)(7)(A). Pub. L. 115–97, § 13202(a)(2)(B)(i), substituted “2018” for “1988”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “1988” and inserting “2018”, and

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

53. 2017

    Pub. L. 115–97 § 11002(d)(8) · 131 Stat. 2054

    Amended · 26 U.S.C. § 280F(d)(7)(B)

    Pub. L. 115–97, § 11002(d)(8), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to automobile price inflation adjustment

    Source evidence

    Code amendment note
    Subsec. (d)(7)(B). Pub. L. 115–97, § 11002(d)(8), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to automobile price inflation adjustment.

    Enacted provision · exact public law section
    (8) Subparagraph (B) of section 280F(d)(7) is amended to read as follows: “(B) Automobile price inflation adjustment.— For purposes of this paragraph— “(i) In general.— The automobile price inflation adjustment for any calendar year is the percentage (if any) by which— “(I) the C-CPI-U automobile component for October of the preceding calendar year, exceeds “(II) the automobile component of the CPI (as defined in section 1(f)(4)) for October of 1987, multiplied by the amount determined under 1(f)(3)(B). “(ii) C-CPI-U automobile component.— The term ‘C-CPI-U automobile component’ means the automobile component of the Chained Consumer Price Index for All Urban Consumers (as described in section 1(f)(6)).” .

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

54. 2017

    Pub. L. 115–97 § 13202(a)(2)(B)(ii) · 131 Stat. 2054

    Substituted · 26 U.S.C. § 280F(d)(7)(B)(i)(II)

    Pub. L. 115–97, § 13202(a)(2)(B)(ii), substituted “2017” for “1987”

    Source evidence

    Code amendment note
    Subsec. (d)(7)(B)(i)(II). Pub. L. 115–97, § 13202(a)(2)(B)(ii), substituted “2017” for “1987”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B)(i)(II), by striking “1987” and inserting “2017”.

    Effective date note
    Amendment by section 11002(d)(8) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title. Pub. L. 115–97, title I, § 13202(c), Dec. 22, 2017, 131 Stat. 2109, provided that: “The amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2017, in taxable years ending after such date.”

70 of 70 references resolved to an enrolled provision