The 1.5 cent amount in subsection (a), the 8 cent amount in paragraph (1), the $4.375 amount in subsection (e)(8)(A), the $2 amount in subsection (e)(8)(D)(ii)(I), and in subsection (e)(8)(B)(i) the reference price of fuel used as a feedstock (within the meaning of subsection (c)(7)(A)) in 2002 shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.
In the case of electricity produced and sold in any calendar year after 2003 at any qualified facility described in paragraph (3), (5), (6), (7), (9), or (11) of subsection (d), the amount in effect under subsection (a)(1) for such calendar year (determined before the application of the last sentence of paragraph (2) of this subsection) shall be reduced by one-half.
Except as provided in clause (ii) or clause (iii), in the case of any facility described in paragraph (3), (4), (5), (6), or (7) of subsection (d), the 5-year period beginning on the date the facility was originally placed in service shall be substituted for the 10-year period in subsection (a)(2)(A)(ii).
In the case of any facility described in subsection (d)(3)(A)(ii) placed in service before the date of the enactment of this paragraph, the 5-year period beginning on
Clause (i) shall not apply to any facility placed in service after the date of the enactment of this clause.
The term “closed-loop biomass” means any organic material from a plant which is planted exclusively for purposes of being used at a qualified facility to produce electricity.
The term “agricultural livestock waste nutrients” means agricultural livestock manure and litter, including wood shavings, straw, rice hulls, and other bedding material for the disposition of manure.
The term “agricultural livestock” includes bovine, swine, poultry, and sheep.
The term “geothermal energy” means energy derived from a geothermal deposit (within the meaning of section 613(e)(2)).
The term “municipal solid waste” has the meaning given the term “solid waste” under section 2(27) 1
The term “qualified emission reduction” means a reduction of at least 20 percent of the emissions of nitrogen oxide and at least 40 percent of the emissions of either sulfur dioxide or mercury released when burning the refined coal (excluding any dilution caused by materials combined or added during the production process), as compared to the emissions released when burning the feedstock coal or comparable coal predominantly available in the marketplace as of
The term “coal waste sludge” means the tar decanter sludge and related byproducts of the coking process, including such materials that have been stored in ground, in tanks and in lagoons, that have been treated as hazardous wastes under applicable Federal environmental rules absent liquefaction and processing with coal into a feedstock for the manufacture of coke.
For purposes of subparagraph (A), incremental hydropower production for any taxable year shall be equal to the percentage of average annual hydropower production at the facility attributable to the efficiency improvements or additions of capacity placed in service after the date of the enactment of this paragraph, determined by using the same water flow information used to determine an historic average annual hydropower production baseline for such facility. Such percentage and baseline shall be certified by the Federal Energy Regulatory Commission.
For purposes of clause (i), the determination of incremental hydropower production shall not be based on any operational changes at such facility not directly associated with the efficiency improvements or additions of capacity.
For purposes of this paragraph, the term “Indian tribe” has the meaning given such term by section 7871(c)(3)(E)(ii).
Such term shall not include any energy which is derived from any source which utilizes a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.
In the case of a facility using wind to produce electricity, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after
Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A)(i), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.
Such term shall include a new unit placed in service after the date of the enactment of this subparagraph in connection with a facility described in subparagraph (A), but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.
In the case of any facility described in subparagraph (A), if the owner of such facility is not the producer of the electricity, the person eligible for the credit allowable under subsection (a) shall be the lessee or the operator of such facility.
In the case of a facility using small irrigation power to produce electricity, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before
In the case of a facility producing electricity from gas derived from the biodegradation of municipal solid waste, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and the construction of which begins before
In the case of a facility (other than a facility described in paragraph (6)) which uses municipal solid waste to produce electricity, the term “qualified facility” means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and the construction of which begins before
In the case of a qualified facility described in subparagraph (A), the 10-year period referred to in subsection (a) shall be treated as beginning on the date the efficiency improvements or additions to capacity are placed in service.
For purposes of subparagraph (A)(i), an efficiency improvement or addition to capacity shall be treated as placed in service before
The term “Indian coal production facility” means a facility that produces Indian coal.
The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor and the reference price for such calendar year in accordance with this paragraph.
The term “inflation adjustment factor” means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for the calendar year 1992. The term “GDP implicit price deflator” means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year.
The term “reference price” means, with respect to a calendar year, the Secretary’s determination of the annual average contract price per kilowatt hour of electricity generated from the same qualified energy resource and sold in the previous year in the United States. For purposes of the preceding sentence, only contracts entered into after
In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility.
Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling electricity to an unrelated person if such electricity is sold to such a person by another member of such group.
Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply.
Rules similar to the rules of the subsection (b)(3) and paragraphs (1) through (5) of this subsection shall apply for purposes of determining the amount of any increase under this paragraph.
Subparagraph (A) shall be applied by substituting “$2 per barrel-of-oil equivalent” for “$4.375 per ton”.
In lieu of the 10-year period referred to in clauses (i) and (ii)(II) of subparagraph (A), the credit period shall be the period beginning on the later of the date such facility was originally placed in service, the date the modifications described in clause (iii) were placed in service, or
Subparagraph (B) shall not apply.
The modifications described in this clause are modifications to an existing facility which allow such facility to produce steel industry fuel.
For purposes of this subparagraph, a barrel-of-oil equivalent is the amount of steel industry fuel that has a Btu content of 5,800,000 Btus.
The term “qualified facility” shall not include any facility which produces electricity from gas derived from the biodegradation of municipal solid waste if such biodegradation occurred in a facility (within the meaning of section 45K) the production from which is allowed as a credit under section 45K for the taxable year or any prior taxable year.
The term “refined coal production facility” shall not include any facility the production from which is allowed as a credit under section 45K for the taxable year or any prior taxable year (or under section 29,1 as in effect on the day before the date of enactment of the Energy Tax Incentives Act of 2005, for any prior taxable year).
In the case of a facility producing steel industry fuel, clause (i) shall not apply to so much of the refined coal produced at such facility as is steel industry fuel.
In the case of any calendar year after 2006, each of the dollar amounts under clause (i) shall be equal to the product of such dollar amount and the inflation adjustment factor determined under paragraph (2)(B) for the calendar year, except that such paragraph shall be applied by substituting “2005” for “1992”.
Rules similar to the rules of the subsection (b)(3) and paragraphs (1), (3), (4), and (5) of this subsection shall apply for purposes of determining the amount of any increase under this paragraph.
In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year.
An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d).
For purposes of this section the term “eligible cooperative” means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers.
For inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table below.
The date of the enactment of this paragraph, the date of the enactment of this clause, the date of the enactment of this subclause, and the date of the enactment of the American Jobs Creation Act of 2004, referred to in subsecs. (b)(4)(B)(ii) and (d)(2)(C)(i), (3)(A)(i), (4) to (8), is the date of enactment of Pub. L. 108–357, which was approved
The date of the enactment of this clause and the date of the enactment of this paragraph, referred to in subsecs. (b)(4)(B)(iii), (c)(8), and (d)(9)(A), are the date of enactment of Pub. L. 109–58, which was approved
Section 2(27) of the Solid Waste Disposal Act, referred to in subsec. (c)(6), probably should be section 1004(27) of such Act which is classified to section 6903(27) of Title 42, The Public Health and Welfare.
The Federal Power Act, referred to in subsec. (c)(8)(C), is act June 10, 1920, ch. 285, 41 Stat. 1063. Part I of the Act is classified generally to subchapter I (§ 791a et seq.) of chapter 12 of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.
The date of the enactment of this subparagraph and the date of the enactment of this paragraph, referred to in subsec. (d)(2)(B), (3)(B), (11), are the date of enactment of Pub. L. 110–343, which was approved
Section 29, referred to in subsec. (e)(9)(B)(i), was redesignated section 45K of this title by Pub. L. 109–58, title XIII, § 1322(a)(1),
The date of enactment of the Energy Tax Incentives Act of 2005, referred to in subsec. (e)(9)(B)(i), is the date of enactment of title XIII of Pub. L. 109–58, which was approved
A prior section 45 was renumbered section 37 of this title.
2018—Subsec. (d). Pub. L. 115–123, § 40409(a), substituted “
Subsec. (e)(10)(A)(i), (ii)(II). Pub. L. 115–123, § 40408(a), substituted “12-year period” for “11-year period”.
2015—Subsec. (b)(5). Pub. L. 114–113, § 301(a)(2), added par. (5).
Subsec. (d)(1). Pub. L. 114–113, § 301(a)(1), substituted “
Subsec. (d)(2)(A). Pub. L. 114–113, § 187(a)(1), substituted “
Subsec. (d)(3)(A)(i)(I), (ii). Pub. L. 114–113, § 187(a)(2), substituted “
Subsec. (d)(4)(B). Pub. L. 114–113, § 187(a)(3), substituted “
Subsec. (d)(6). Pub. L. 114–113, § 187(a)(4), substituted “
Subsec. (d)(7). Pub. L. 114–113, § 187(a)(5), substituted “
Subsec. (d)(9)(A)(i), (ii), (C). Pub. L. 114–113, § 187(a)(6), substituted “
Subsec. (d)(10). Pub. L. 114–113, § 186(b), amended par. (10) generally. Prior to amendment, text read as follows: “In the case of a facility that produces Indian coal, the term ‘Indian coal production facility’ means a facility which is placed in service before
Subsec. (d)(11)(B). Pub. L. 114–113, § 187(a)(7), substituted “
Subsec. (e)(10)(A)(i). Pub. L. 114–113, § 186(a), substituted “11-year period” for “9-year period”.
Subsec. (e)(10)(A)(ii)(I). Pub. L. 114–113, § 186(c), inserted “(either directly by the taxpayer or after sale or transfer to one or more related persons)” after “unrelated person”.
Subsec. (e)(10)(A)(ii)(II). Pub. L. 114–113, § 186(a), substituted “11-year period” for “9-year period”.
Subsec. (e)(10)(D). Pub. L. 114–113, § 186(d)(2), struck out subpar. (D). Text read as follows: “The increase in the credit determined under subsection (a) by reason of this paragraph with respect to any facility shall be treated as a specified credit for purposes of section 38(c)(4)(A) during the 4-year period beginning on the later of
2014—Subsec. (b)(2). Pub. L. 113–295, § 210(g)(1), substituted “$2 amount” for “$3 amount”.
Subsec. (d). Pub. L. 113–295, § 155(a), substituted “
Subsec. (e)(10)(A)(i), (ii)(II). Pub. L. 113–295, § 154(a), substituted “9-year period” for “8-year period”.
2013—Subsec. (c)(6). Pub. L. 112–240, § 407(a)(2), inserted “, except that such term does not include paper which is commonly recycled and which has been segregated from other solid waste (as so defined)” after “(42 U.S.C. 6903)”.
Subsec. (d)(1). Pub. L. 112–240, § 407(a)(3)(A)(i), substituted “the construction of which begins before
Pub. L. 112–240, § 407(a)(1), substituted “
Subsec. (d)(2)(A). Pub. L. 112–240, § 407(a)(3)(B), inserted concluding provisions.
Subsec. (d)(2)(A)(i). Pub. L. 112–240, § 407(a)(3)(A)(ii), substituted “the construction of which begins before
Subsec. (d)(3)(A)(i)(I). Pub. L. 112–240, § 407(a)(3)(A)(iii), substituted “the construction of which begins before
Subsec. (d)(3)(A)(ii). Pub. L. 112–240, § 407(a)(3)(C), substituted “the construction of which begins” for “is originally placed in service”.
Subsec. (d)(4). Pub. L. 112–240, § 407(a)(3)(D)(i), substituted “and which—”, subpars. (A) and (B), and concluding provisions for “and before
Subsec. (d)(6). Pub. L. 112–240, § 407(a)(3)(A)(iv), substituted “the construction of which begins before
Subsec. (d)(7). Pub. L. 112–240, § 407(a)(3)(A)(v), substituted “the construction of which begins before
Subsec. (d)(9). Pub. L. 112–240, § 407(a)(3)(E), designated introductory provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), realigned margins, added subpar. (C), and redesignated former subpar. (C) as (B).
Subsec. (d)(9)(B). Pub. L. 112–240, § 407(a)(3)(A)(vi), substituted “the construction of which begins before
Subsec. (d)(11)(B). Pub. L. 112–240, § 407(a)(3)(A)(vii), substituted “the construction of which begins before
Subsec. (e)(10)(A)(i), (ii)(II). Pub. L. 112–240, § 406(a), substituted “8-year period” for “7-year period”.
2010—Subsec. (d)(8)(B). Pub. L. 111–312 substituted “
2009—Subsec. (d)(1). Pub. L. 111–5, § 1101(a)(1), substituted “2013” for “2010”.
Subsec. (d)(2)(A)(i), (ii), (3)(A)(i)(I), (ii), (4). Pub. L. 111–5, § 1101(a)(2), substituted “2014” for “2011”.
Subsec. (d)(5). Pub. L. 111–5, § 1101(b), substituted “and before
Subsec. (d)(6), (7), (9)(A), (B). Pub. L. 111–5, § 1101(a)(2), substituted “2014” for “2011”.
Subsec. (d)(11)(B). Pub. L. 111–5, § 1101(a)(3), substituted “2014” for “2012”.
2008—Subsec. (b)(2). Pub. L. 110–343, § 108(b)(2), inserted “the $3 amount in subsection (e)(8)(D)(ii)(I),” after “subsection (e)(8)(A),”.
Subsec. (b)(4)(A). Pub. L. 110–343, § 102(d), substituted “(9), or (11)” for “or (9)”.
Subsec. (c)(1)(I). Pub. L. 110–343, § 102(a), added subpar. (I).
Subsec. (c)(7)(A). Pub. L. 110–343, § 108(a)(1), reenacted heading without change and amended text generally. Prior to amendment, subpar. (A) defined “refined coal”.
Subsec. (c)(7)(A)(i). Pub. L. 110–343, § 101(b)(1), amended subsec. (c)(7)(A)(i) as amended by Pub. L. 110–348, § 108(a)(1), by inserting “and” at end of subcl. (II), substituting period for “, and” at end of subcl. (III), and striking out subcl. (IV) which read as follows: “is produced in such a manner as to result in an increase of at least 50 percent in the market value of the refined coal (excluding any increase caused by materials combined or added during the production process), as compared to the value of the feedstock coal, or”.
Subsec. (c)(7)(B). Pub. L. 110–343, § 101(b)(2), inserted “at least 40 percent of the emissions of” after “nitrogen oxide and”.
Subsec. (c)(7)(C). Pub. L. 110–343, § 108(a)(2), added subpar. (C).
Subsec. (c)(8)(C). Pub. L. 110–343, § 101(e), reenacted heading without change and amended text generally. Prior to amendment, subpar. (C) described a nonhydroelectric dam facility for purposes of subpar. (A).
Subsec. (c)(10). Pub. L. 110–343, § 102(b), added par. (10).
Subsec. (d)(1). Pub. L. 110–343, § 106(c)(3)(B), inserted at end “Such term shall not include any facility with respect to which any qualified small wind energy property expenditure (as defined in subsection (d)(4) of section 25D) is taken into account in determining the credit under such section.”
Pub. L. 110–343, § 101(a)(1), substituted “
Subsec. (d)(2)(A). Pub. L. 110–343, § 101(a)(2)(A), substituted “
Subsec. (d)(2)(B), (C). Pub. L. 110–343, § 101(d)(2), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (d)(3)(A). Pub. L. 110–343, § 101(a)(2)(B), substituted “
Subsec. (d)(3)(B), (C). Pub. L. 110–343, § 101(d)(1), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (d)(4). Pub. L. 110–343, § 101(a)(2)(C), substituted “
Subsec. (d)(5). Pub. L. 110–343, § 102(e), which directed amendment of par. (5) by substituting “the date of the enactment of paragraph (11)” for “
Pub. L. 110–343, § 101(a)(2)(D), substituted “
Subsec. (d)(6). Pub. L. 110–343, § 101(a)(2)(E), substituted “
Subsec. (d)(7). Pub. L. 110–343, § 101(c), struck out “combustion” before “facilities” in heading and substituted “facility (other than a facility described in paragraph (6)) which uses” for “facility which burns”.
Pub. L. 110–343, § 101(a)(2)(F), substituted “
Subsec. (d)(8). Pub. L. 110–343, § 108(c), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “In the case of a facility that produces refined coal, the term ‘refined coal production facility’ means a facility which is placed in service after the date of the enactment of this paragraph and before
Pub. L. 110–343, § 101(a)(1), substituted “
Subsec. (d)(9)(A), (B). Pub. L. 110–343, § 101(a)(2)(G), substituted “
Subsec. (d)(11). Pub. L. 110–343, § 102(c), added par. (11).
Subsec. (e)(8)(D). Pub. L. 110–343, § 108(b)(1), added subpar. (D).
Subsec. (e)(9)(B). Pub. L. 110–343, § 108(d)(1), designated existing provisions as cl. (i), inserted heading, and added cl. (ii).
2007—Subsec. (c)(3)(A)(ii). Pub. L. 110–172, § 7(b)(1), struck out “which is segregated from other waste materials and” after “lignin material”.
Subsec. (d)(2)(B)(i) to (iii). Pub. L. 110–172, § 7(b)(2), inserted “and” at the end of cl. (i), redesignated cl. (iii) as (ii), and struck out former cl. (ii) which read as follows: “the amount of the credit determined under subsection (a) with respect to the facility shall be an amount equal to the amount determined without regard to this clause multiplied by the ratio of the thermal content of the closed-loop biomass used in such facility to the thermal content of all fuels used in such facility, and”.
Subsec. (e)(7)(A)(i). Pub. L. 110–172, § 9(a), substituted “originally placed in service” for “placed in service by the taxpayer”.
2006—Subsec. (d)(1) to (7), (9). Pub. L. 109–432 substituted “
2005—Subsec. (b)(4)(A). Pub. L. 109–58, § 1301(c)(2), substituted “(7), or (9)” for “or (7)”.
Subsec. (b)(4)(B)(i). Pub. L. 109–58, § 1301(b)(1), inserted “or clause (iii)” after “clause (ii)”.
Subsec. (b)(4)(B)(ii). Pub. L. 109–58, § 1301(f)(1), substituted “
Subsec. (b)(4)(B)(iii). Pub. L. 109–58, § 1301(b)(2), added cl. (iii).
Subsec. (c). Pub. L. 109–58, § 1301(d)(4), substituted “Resources” for “Qualified energy resources and refined coal” in heading.
Subsec. (c)(1)(H). Pub. L. 109–58, § 1301(c)(1), added subpar. (H).
Subsec. (c)(3)(A)(ii). Pub. L. 109–135, § 402(b), substituted “lignin material” for “nonhazardous lignin waste material”.
Pub. L. 109–58, § 1301(f)(2), inserted “or any nonhazardous lignin waste material” after “cellulosic waste material”.
Subsec. (c)(7)(A)(i). Pub. L. 109–135, § 403(t), struck out “synthetic” after “solid”.
Subsec. (c)(8). Pub. L. 109–58, § 1301(c)(3), added par. (8).
Subsec. (c)(9). Pub. L. 109–58, § 1301(d)(2), added par. (9).
Subsec. (d)(1) to (3). Pub. L. 109–58, § 1301(a)(1), substituted “
Subsec. (d)(4). Pub. L. 109–58, § 1301(a)(2), substituted “
Subsec. (d)(5), (6). Pub. L. 109–58, § 1301(a)(1), substituted “
Subsec. (d)(7). Pub. L. 109–58, § 1301(e), inserted at end “Such term shall include a new unit placed in service in connection with a facility placed in service on or before the date of the enactment of this paragraph, but only to the extent of the increased amount of electricity produced at the facility by reason of such new unit.”
Pub. L. 109–58, § 1301(a)(1), substituted “
Subsec. (d)(8). Pub. L. 109–135, § 412(j)(1), substituted “In the case of a facility that produces refined coal, the term” for “The term”.
Subsec. (d)(9). Pub. L. 109–58, § 1301(c)(4), added par. (9).
Subsec. (d)(10). Pub. L. 109–135, § 412(j)(2), substituted “In the case of a facility that produces Indian coal, the term” for “The term”.
Pub. L. 109–58, § 1301(d)(3), added par. (10).
Subsec. (e)(6). Pub. L. 109–58, § 1301(f)(3), struck out heading and text of par. (6). Text read as follows: “In the case of a facility using poultry waste to produce electricity and owned by a governmental unit, the person eligible for the credit under subsection (a) is the lessee or the operator of such facility.”
Subsec. (e)(8)(C). Pub. L. 109–58, § 1301(f)(4)(B), struck out “and (9)” after “paragraphs (1) through (5)”.
Subsec. (e)(9). Pub. L. 109–58, § 1322(a)(3)(C)(i), substituted “section 45K” for “section 29” wherever appearing.
Pub. L. 109–58, § 1301(f)(4)(A), reenacted heading without change and amended text of par. (9) generally. Prior to amendment, text read as follows: “The term ‘qualified facility’ shall not include any facility the production from which is allowed as a credit under section 29 for the taxable year or any prior taxable year.”
Subsec. (e)(9)(B). Pub. L. 109–58, § 1322(a)(3)(C)(ii), inserted “(or under section 29, as in effect on the day before the date of enactment of the Energy Tax Incentives Act of 2005, for any prior taxable year)” before period at end.
Subsec. (e)(10). Pub. L. 109–58, § 1301(d)(1), added par. (10).
Subsec. (e)(11). Pub. L. 109–58, § 1302(a), added par. (11).
2004—Pub. L. 108–357, § 710(b)(3)(B), inserted “, etc” after “resources” in section catchline.
Subsec. (b)(2). Pub. L. 108–357, § 710(b)(3)(C), substituted “The 1.5 cent amount in subsection (a), the 8 cent amount in paragraph (1), the $4.375 amount in subsection (e)(8)(A), and in subsection (e)(8)(B)(i) the reference price of fuel used as a feedstock (within the meaning of subsection (c)(7)(A)) in 2002” for “The 1.5 cent amount in subsection (a) and the 8 cent amount in paragraph (1)”.
Subsec. (b)(3). Pub. L. 108–357, § 710(f), inserted “the lesser of ½ or” before “a fraction” in introductory provisions and “This paragraph shall not apply with respect to any facility described in subsection (d)(2)(A)(ii)” in concluding provisions.
Subsec. (b)(4). Pub. L. 108–357, § 710(c), added par. (4).
Subsec. (c). Pub. L. 108–357, § 710(a), amended heading and text of subsec. (c) generally. Prior to amendment, subsec. (c) defined “qualified energy resources”, “closed-loop biomass”, “qualified facility”, and “poultry waste” for purposes of this section.
Subsec. (c)(3). Pub. L. 108–311 substituted “
Subsec. (d). Pub. L. 108–357, § 710(b)(1), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 108–357, § 710(b)(1), redesignated subsec. (d) as (e).
Subsec. (e)(7)(A)(i). Pub. L. 108–357, § 710(b)(3)(A), substituted “subsection (d)(1)” for “subsection (c)(3)(A)”.
Subsec. (e)(8). Pub. L. 108–357, § 710(b)(2), added par. (8).
Subsec. (e)(9). Pub. L. 108–357, § 710(d), added par. (9).
2002—Subsec. (c)(3). Pub. L. 107–147 substituted “2004” for “2002” in subpars. (A) to (C).
2000—Subsec. (d)(7)(A)(i). Pub. L. 106–554 substituted “subsection (c)(3)(A)” for “paragraph (3)(A)”.
1999—Subsec. (c)(1)(C). Pub. L. 106–170, § 507(b)(1), added subpar. (C).
Subsec. (c)(3). Pub. L. 106–170, § 507(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The term ‘qualified facility’ means any facility owned by the taxpayer which is originally placed in service after
Subsec. (c)(4). Pub. L. 106–170, § 507(b)(2), added par. (4).
Subsec. (d)(6), (7). Pub. L. 106–170, § 507(c), added pars. (6) and (7).
Pub. L. 115–123, div. D, title I, § 40408(b),
Pub. L. 115–123, div. D, title I, § 40409(c),
Pub. L. 114–113, div. P, title III, § 301(b),
Pub. L. 114–113, div. Q, title I, § 186(e)(1), (2),
Amendment by section 186(d)(2) of Pub. L. 114–113 applicable to credits determined for taxable years beginning after
Pub. L. 114–113, div. Q, title I, § 187(c),
Pub. L. 113–295, div. A, title I, § 154(b),
Pub. L. 113–295, div. A, title I, § 155(c),
Pub. L. 113–295, div. A, title II, § 210(h),
Pub. L. 112–240, title IV, § 406(b),
Pub. L. 112–240, title IV, § 407(d),
Pub. L. 111–312, title VII, § 702(b),
Pub. L. 111–5, div. B, title I, § 1101(c),
Pub. L. 110–343, div. B, title I, § 101(f),
Pub. L. 110–343, div. B, title I, § 102(f),
Amendment by section 106(c)(3)(B) of Pub. L. 110–343 applicable to taxable years beginning after
Pub. L. 110–343, div. B, title I, § 108(e),
Amendment by section 7(b) of Pub. L. 110–172 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 7(e) of Pub. L. 110–172, set out as a note under section 1092 of this title.
Pub. L. 110–172, § 9(c),
Amendment by section 402(b) of Pub. L. 109–135 effective as if included in the provision of the Energy Policy Act of 2005, Pub. L. 109–58, to which such amendment relates, see section 402(m)(1) of Pub. L. 109–135, set out as an Effective and Termination Dates of 2005 Amendments note under section 23 of this title.
Amendment by section 403(t) of Pub. L. 109–135 effective as if included in the provisions of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title.
Pub. L. 109–58, title XIII, § 1301(g),
Pub. L. 109–58, title XIII, § 1302(c),
Amendment by section 1322(a)(3)(C) of Pub. L. 109–58 applicable to credits determined under the Internal Revenue Code of 1986 for taxable years ending after
Pub. L. 108–357, title VII, § 710(g),
Pub. L. 108–311, title III, § 313(b),
Pub. L. 107–147, title VI, § 603(b),
Pub. L. 106–170, title V, § 507(d),
Section applicable to taxable years ending after
Provisions relating to inflation adjustment of items in this section for certain years were contained in the following:
2017—Internal Revenue Notice 2017–33.
2016—Internal Revenue Notice 2016–34.
2015—Internal Revenue Notice 2015–32.
2014—Internal Revenue Notice 2014–36.
2013—Internal Revenue Notice 2013–33.
2012—Internal Revenue Notice 2012–35.
2011—Internal Revenue Notice 2011–40.
2010—Internal Revenue Notice 2010–37.
2009—Internal Revenue Notice 2009–40.
2008—Internal Revenue Notice 2008–48.
2007—Internal Revenue Notice 2007–40.
2006—Internal Revenue Notice 2006–51.
2005—Internal Revenue Notice 2005–37.
2004—Internal Revenue Notice 2004–29.
2003—Internal Revenue Notice 2003–29.
2002—Internal Revenue Notice 2002–39.
2001—Internal Revenue Notice 2001–33.
2000—Internal Revenue Notice 2000–52.
1999—Internal Revenue Notice 99–26.
1998—Internal Revenue Notice 98–27.
1997—Internal Revenue Notice 97–30.
1996—Internal Revenue Notice 96–25.