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26 U.S.C. § 178Amortization 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

in plain englishAI-generated · not legal advice

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.

(a) General rule. Say a business (the lessee) buys a lease and wants to deduct its cost over time — for wear, obsolescence, or amortization. Normally that deduction is spread over the years left on the lease. But if less than 75 percent of what the business paid for the lease is tied to the years remaining on the original lease term (as of the day the business acquired it), then the law treats the lease term as if it also includes all renewal options — and any other period the parties reasonably expect the lease to be renewed for. This can stretch the deduction over more years. (b) Certain periods excluded. When figuring out, for purposes of (a), how many years are left on the original lease term as of the acquisition date, the law says: do not count any period the lessee could later add by exercising an option to renew, extend, or continue the lease. Only the years already fixed in the original term count for that calculation.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

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.

(b) Certain periods excluded

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.)

history & why it existsrecord from the source credit
  • 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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