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26 U.S.C. § 266Carrying charges

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 50 words · no verdicts yet

in plain englishAI-generated · not legal advice

Taxpayers normally can deduct certain taxes and carrying charges on property. This section blocks that deduction if the taxpayer instead elects to add those costs to the property's capital account. The election must follow the Secretary's regulations.

This section is about a choice taxpayers can make for certain property costs. Normally, a taxpayer might deduct taxes and "carrying charges" — costs of holding property — in the year they are paid or accrued. This section takes away that deduction in one specific case. The taxpayer must elect, following regulations written by the Secretary, to treat those taxes or carrying charges as "chargeable to capital account." That means treating the cost as part of the property's cost, not as a current expense. If the taxpayer makes that election, no deduction is allowed for those amounts. The taxpayer effectively trades an immediate deduction for adding the cost to the property's basis instead.
the actual law source: uscode.house.gov ↗public domain

No deduction shall be allowed for amounts paid or accrued for such taxes and carrying charges as, under regulations prescribed by the Secretary, are chargeable to capital account with respect to property, if the taxpayer elects, in accordance with such regulations, to treat such taxes or charges as so chargeable.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 78; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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