26 U.S.C. § 178 — Amortization of cost of acquiring a lease
submitted 68 years ago by Pub. L. 85-866 to r/title-26-INTERNAL-REVENUE-CODE · 138 words · no verdicts yet
The law adds likely renewal periods to the lease term in some cases. This happens when under 75% of the purchase cost covers the lease's remaining original years. A separate rule limits which renewal periods count when making that 75% calculation.
In determining the amount of the deduction allowable to a lessee for exhaustion, wear and tear, obsolescence, or amortization in respect of any cost of acquiring the lease, the term of the lease shall be treated as including all renewal options (and any other period for which the parties reasonably expect the lease to be renewed) if less than 75 percent of such cost is attributable to the period of the term of the lease remaining on the date of its acquisition.
For purposes of subsection (a), in determining the period of the term of the lease remaining on the date of acquisition, there shall not be taken into account any period for which the lease may subsequently be renewed, extended, or continued pursuant to an option exercisable by the lessee.
Source credit: (Added Pub. L. 85–866, title I, § 15(a), Sept. 2, 1958, 72 Stat. 1612; amended Pub. L. 99–514, title II, § 201(d)(2)(A), title XVIII, § 1812(c)(4)(B), Oct. 22, 1986, 100 Stat. 2139, 2835; Pub. L. 100–647, title I, § 1002(a)(9), Nov. 10, 1988, 102 Stat. 3354.)
- 1958Enacted · Pub. L. 85-866 · 72 Stat. 1612
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2139, 2835
- 1988Amended · Pub. L. 100-647 · 102 Stat. 3354
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-866 on 1958-09-02.
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