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26 U.S.C. § 1397DQualified zone property defined

submitted 33 years ago by Pub. L. 103-66 to r/title-26-INTERNAL-REVENUE-CODE · 272 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines “qualified zone property” for this part. It covers certain property acquired and used in an empowerment zone for a qualified business, with special rules for substantially renovated property and sale-leasebacks.

(a) General rule. For this part: (1) In general. “Qualified zone property” means property to which section 168 applies, or would apply but for section 179, if all of the following are true: (A) The taxpayer acquired the property by purchase, as “purchase” is defined in section 179(d)(2), after the date the empowerment zone designation took effect. (B) The taxpayer is the first user of the property in an empowerment zone. (C) Substantially all use of the property is in an empowerment zone and in the active conduct of a qualified business by the taxpayer in that zone. This section does not define “qualified business,” “empowerment zone,” “substantially all,” or “active conduct.” (2) Special rule for substantial renovations. For property the taxpayer substantially renovates, the requirements in paragraph (1)(A) and (B) are treated as satisfied. Property is treated as substantially renovated by the taxpayer if, during any 24-month period that begins after the empowerment-zone designation took effect, additions to the property’s basis in the taxpayer’s hands exceed the greater of— (i) an amount equal to the property’s adjusted basis in the taxpayer’s hands at the beginning of that 24-month period; or (ii) $5,000. (b) Special rules for sale-leasebacks. For subsection (a)(1)(B), if the taxpayer sells property and leases it back within 3 months after the date the property was originally placed in service, the property is treated as originally placed in service no earlier than the date the taxpayer uses it under the leaseback.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

For purposes of this part—

(1) In general

The term “qualified zone property” means any property to which section 168 applies (or would apply but for section 179) if—

(A)

such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after the date on which the designation of the empowerment zone took effect,

(B)

the original use of which in an empowerment zone commences with the taxpayer, and

(C)

substantially all of the use of which is in an empowerment zone and is in the active conduct of a qualified business by the taxpayer in such zone.

(2) Special rule for substantial renovations

In the case of any property which is substantially renovated by the taxpayer, the requirements of subparagraphs (A) and (B) of paragraph (1) shall be treated as satisfied. For purposes of the preceding sentence, property shall be treated as substantially renovated by the taxpayer if, during any 24-month period beginning after the date on which the designation of the empowerment zone took effect, additions to basis with respect to such property in the hands of the taxpayer exceed the greater of (i) an amount equal to the adjusted basis at the beginning of such 24-month period in the hands of the taxpayer, or (ii) $5,000.

(b) Special rules for sale-leasebacks

For purposes of subsection (a)(1)(B), if property is sold and leased back by the taxpayer within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback.

Source credit: (Added Pub. L. 103–66, title XIII, § 13301(a), Aug. 10, 1993, 107 Stat. 554, § 1397C; renumbered § 1397D, Pub. L. 106–554, § 1(a)(7) [title I, § 116(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–602.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-66 · 107 Stat. 554
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-66 on 1993-08-10.

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