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26 U.S.C. § 179EElection to expense advanced mine safety equipment

submitted 20 years ago by Pub. L. 109-432 to r/title-26-INTERNAL-REVENUE-CODE · 492 words · no verdicts yet

in plain englishAI-generated · not legal advice

A taxpayer may deduct 50 percent of the cost of certain advanced mine safety equipment right away. The equipment must be new and used in an underground U.S. mine. This deduction ended for equipment placed in service after 2017.

(a) Treatment as expenses A taxpayer may choose to treat 50 percent of the cost of "qualified advanced mine safety equipment property" as an expense, not a capital cost. The deduction is allowed in the year the property is placed in service. (b) Election (1) In general: the election is made on the tax return for that year, must name the specific equipment covered, and must follow the Secretary's rules. (2) Election irrevocable: once made, it cannot be canceled without the Secretary's consent. (c) Qualified advanced mine safety equipment property This means advanced mine safety equipment used in an underground U.S. mine that (1) is used by the taxpayer for the first time, and (2) is placed in service by the taxpayer after this section became law. (d) Advanced mine safety equipment property This covers five kinds of equipment: (1) Emergency communication technology letting a miner stay in constant contact with someone outside the mine. (2) Electronic tracking devices that let someone outside the mine track miners' locations and movements at all times. (3) Emergency oxygen-generating self-rescue devices that supply oxygen for at least 90 minutes. (4) Pre-positioned oxygen supplies that, combined with self-rescue devices, let every miner on a shift survive at least 48 hours if trapped or otherwise in need. (5) Comprehensive air-monitoring systems that check carbon monoxide, methane, and oxygen levels everywhere in the mine and can detect smoke from a fire. (e) Coordination with section 179 Costs already counted under a section 179 election cannot also be expensed under this section. (f) Reporting No deduction is allowed unless the taxpayer files a report with the Secretary giving the required information about its mine operations. (g) Termination This section does not apply to property placed in service after December 31, 2017.
the actual law source: uscode.house.gov ↗public domain
(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

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

Source credit: (Added Pub. L. 109–432, div. A, title IV, § 404(a), Dec. 20, 2006, 120 Stat. 2955; amended Pub. L. 110–343, div. C, title III, § 311, Oct. 3, 2008, 122 Stat. 3869; Pub. L. 111–312, title VII, § 743(a), Dec. 17, 2010, 124 Stat. 3319; Pub. L. 112–240, title III, § 316(a), Jan. 2, 2013, 126 Stat. 2331; Pub. L. 113–295, div. A, title I, § 128(a), Dec. 19, 2014, 128 Stat. 4018; Pub. L. 114–113, div. Q, title I, § 168(a), Dec. 18, 2015, 129 Stat. 3067; Pub. L. 115–123, div. D, title I, § 40307(a), Feb. 9, 2018, 132 Stat. 146.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-432 · 120 Stat. 2955
  • 2008Amended · Pub. L. 110-343 · 122 Stat. 3869
  • 2010Amended · Pub. L. 111-312 · 124 Stat. 3319
  • 2013Amended · Pub. L. 112-240 · 126 Stat. 2331
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4018
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 3067
  • 2018Amended · Pub. L. 115-123 · 132 Stat. 146

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-432 on 2006-12-20.

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