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26 U.S.C. § 45OAgricultural chemicals security credit

submitted 18 years ago by Pub. L. 110-234 to r/title-26-INTERNAL-REVENUE-CODE · 557 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law gives a tax credit to agricultural businesses that secure certain farm chemicals. The credit is 30 percent of qualified security spending, capped at $100,000 per facility. It's also capped at $2,000,000 per taxpayer each year, and it ends for costs paid after 2012.

(a) In general For the general business credit, an "eligible agricultural business" gets a credit equal to 30 percent of its qualified chemical security spending (as subsection (d) defines it) for the year. (b) Facility limitation The credit for any one facility, for any one year, can't be more than $100,000 minus whatever credits that same facility already got under subsection (a) in the previous 5 tax years. (c) Annual limitation No taxpayer can claim more than $2,000,000 of this credit in any one year, no matter how many facilities it has. (d) Qualified chemical security expenditure This means money an eligible agricultural business paid or spent during the year for: (1) training employees on security and running background checks; (2) limiting and preventing access to the controls for stored farm chemicals; (3) tagging and locking tank valves, or adding chemicals that stop the farm chemicals from being stolen or used illegally; (4) protecting the perimeter around the farm chemicals; (5) installing security lighting, cameras, recording equipment, and intrusion sensors; (6) improving computer or network security; (7) doing a security vulnerability assessment; (8) putting a site security plan in place; and (9) any other protective measure the Secretary identifies by regulation. Only spending that's actually for protecting these specified chemicals counts. (e) Eligible agricultural business This means anyone in the business of either (1) retailing farm products, including specified agricultural chemicals, mainly to farmers and ranchers, or (2) manufacturing, formulating, distributing, or aerially applying specified agricultural chemicals. (f) Specified agricultural chemical This means: (1) any fertilizer commonly used in farming that's listed under specific federal chemical-hazard rules — the Emergency Planning and Community Right-to-Know Act section 302(a)(2), section 101 of part 172 of title 49 of the Code of Federal Regulations, or part 126, 127, or 154 of title 33 of the Code of Federal Regulations; and (2) any pesticide, as the Federal Insecticide, Fungicide, and Rodenticide Act defines it, including all its active and inert ingredients, that's normally used on crops grown for food, feed, or fiber. (g) Controlled groups Rules like those in section 41(f)(1) and (2) — for combining related companies — apply here too. (h) Regulations The Secretary may write regulations needed for this section, including rules on how to properly treat spending that's partly for protecting chemicals and partly for something else, and rules for treating related properties as one single facility for the $100,000 cap in subsection (b). (i) Termination This credit does not apply to any amount paid or spent after December 31, 2012.
the actual law source: uscode.house.gov ↗public domain
(a) In general

For purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 30 percent of the qualified security expenditures for the taxable year.

(b) Facility limitation

The amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed—

(1)

$100,000, reduced by

(2)

the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years.

(c) Annual limitation

The amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000.

(d) Qualified chemical security expenditure

For purposes of this section, the term “qualified chemical security expenditure” means, with respect to any eligible agricultural business for any taxable year, any amount paid or incurred by such business during such taxable year for—

(1)

employee security training and background checks,

(2)

limitation and prevention of access to controls of specified agricultural chemicals stored at the facility,

(3)

tagging, locking tank valves, and chemical additives to prevent the theft of specified agricultural chemicals or to render such chemicals unfit for illegal use,

(4)

protection of the perimeter of specified agricultural chemicals,

(5)

installation of security lighting, cameras, recording equipment, and intrusion detection sensors,

(6)

implementation of measures to increase computer or computer network security,

(7)

conducting a security vulnerability assessment,

(8)

implementing a site security plan, and

(9)

such other measures for the protection of specified agricultural chemicals as the Secretary may identify in regulation.

Amounts described in the preceding sentence shall be taken into account only to the extent that such amounts are paid or incurred for the purpose of protecting specified agricultural chemicals.

(e) Eligible agricultural business

For purposes of this section, the term “eligible agricultural business” means any person in the trade or business of—

(1)

selling agricultural products, including specified agricultural chemicals, at retail predominantly to farmers and ranchers, or

(2)

manufacturing, formulating, distributing, or aerially applying specified agricultural chemicals.

(f) Specified agricultural chemical

For purposes of this section, the term “specified agricultural chemical” means—

(1)

any fertilizer commonly used in agricultural operations which is listed under—

(A)

section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986,

(B)

section 101 of part 172 of title 49, Code of Federal Regulations, or

(C)

part 126, 127, or 154 of title 33, Code of Federal Regulations, and

(2)

any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on crops grown for food, feed, or fiber.

(g) Controlled groups

Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section.

(h) Regulations

The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which—

(1)

provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified agricultural chemical and for other purposes, and

(2)

provide for the treatment of related properties as one facility for purposes of subsection (b).

(i) Termination

This section shall not apply to any amount paid or incurred after December 31, 2012.

Source credit: (Added Pub. L. 110–234, title XV, § 15343(a), May 22, 2008, 122 Stat. 1518, and Pub. L. 110–246, § 4(a), title XV, § 15343(a), June 18, 2008, 122 Stat. 1664, 2280.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-234 · 122 Stat. 1518

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-234 on 2008-05-22.

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