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26 U.S.C. § 193Tertiary injectants

submitted 46 years ago by Pub. L. 96-223 to r/title-26-INTERNAL-REVENUE-CODE · 292 words · no verdicts yet

in plain englishAI-generated · not legal advice

Taxpayers can deduct the cost of qualified tertiary injectants used in oil or gas recovery. This doesn't include recoverable hydrocarbons like natural gas or crude oil. This deduction can't be combined with certain other deductions for the same cost.

(a) Allowance of deduction. A taxpayer can deduct, for the tax year, an amount equal to the qualified tertiary injectant expenses for injectants used that year. (b) Qualified tertiary injectant expenses. (1) "Qualified tertiary injectant expenses" means any cost — whether or not normally chargeable to capital account — paid or incurred for a tertiary injectant used as part of a tertiary recovery method. This doesn't include a "hydrocarbon injectant" that can be recovered. (2) A "hydrocarbon injectant" includes natural gas, crude oil, and anything made up of more than a small amount of natural gas or crude oil. It does not include an injectant that is hydrocarbon-based or a hydrocarbon-derivative but has only a small amount of natural gas or crude oil in it. The part of a hydrocarbon injectant that isn't itself a hydrocarbon doesn't count as a hydrocarbon injectant. (3) "Tertiary recovery method" means either (A) a method described in paragraphs (1) through (9) of a specific 1979 energy regulation (section 212.78(c), as defined by former section 4996(b)(8)(C) before its repeal), or (B) any other method the Secretary approves for enhanced tertiary recovery. (c) Application with other deductions. No deduction is allowed under this section for an expense if: (1) the taxpayer already elected to treat it under section 263(c), or (2) a deduction for it is allowed or allowable under any other provision of this chapter.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 96–223, title II, § 251(a)(1), Apr. 2, 1980, 94 Stat. 286; amended Pub. L. 97–448, title II, § 202(b), Jan. 12, 1983, 96 Stat. 2396; Pub. L. 100–418, title I, § 1941(b)(7), Aug. 23, 1988, 102 Stat. 1324.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-223 · 94 Stat. 286
  • 1983Amended · Pub. L. 97-448 · 96 Stat. 2396
  • 1988Amended · Pub. L. 100-418 · 102 Stat. 1324

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-223 on 1980-04-02.

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