Statutes, codes, and regulations
United States Code
Title 26 - INTERNAL REVENUE CODESubtitle A - INCOME TAXESChapter 1 - NORMAL TAXES AND SURTAXESSubchapter B - COMPUTATION OF TAXABLE INCOME
Part VI - ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS
Section 179E - Election to expense advanced mine safety equipment

26 U.S.C. § 179E

Download
PDF
Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 179E - Election to expense advanced mine safety equipment
(a) Treatment as expenses

A taxpayer may elect to treat 50 percent of the cost of any qualified advanced mine safety equipment property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified advanced mine safety equipment property is placed in service.

(b) Election
(1) In general

An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall specify the advanced mine safety equipment property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe.

(2) Election irrevocable

Any election made under this section may not be revoked except with the consent of the Secretary.

(c) Qualified advanced mine safety equipment property

For purposes of this section, the term "qualified advanced mine safety equipment property" means any advanced mine safety equipment property for use in any underground mine located in the United States-

(1) the original use of which commences with the taxpayer, and
(2) which is placed in service by the taxpayer after the date of the enactment of this section.
(d) Advanced mine safety equipment property

For purposes of this section, the term "advanced mine safety equipment property" means any of the following:

(1) Emergency communication technology or device which is used to allow a miner to maintain constant communication with an individual who is not in the mine.
(2) Electronic identification and location device which allows an individual who is not in the mine to track at all times the movements and location of miners working in or at the mine.
(3) Emergency oxygen-generating, self-rescue device which provides oxygen for at least 90 minutes.
(4) Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner on a shift, in the event of an accident or other event which traps the miner in the mine or otherwise necessitates the use of such a self-rescue device, the ability to survive for at least 48 hours.
(5) Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide, methane, and oxygen that are present in all areas of the mine and which can detect smoke in the case of a fire in a mine.
(e) Coordination with section 179

No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property specified in an election under section 179.

(f) Reporting

No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require.

(g) Termination

This section shall not apply to property placed in service after December 31, 2017.

26 U.S.C. § 179E

Added Pub. L. 109-432, div. A, title IV, §404(a), Dec. 20, 2006, 120 Stat. 2955; amended Pub. L. 110-343, div. C, title III, §311, Oct. 3, 2008, 122 Stat. 3869; Pub. L. 111-312, §743(a), Dec. 17, 2010, 124 Stat. 3319; Pub. L. 112-240, §316(a), Jan. 2, 2013, 126 Stat. 2331; Pub. L. 113-295, div. A, title I, §128(a), Dec. 19, 2014, 128 Stat. 4018; Pub. L. 114-113, div. Q, title I, §168(a), Dec. 18, 2015, 129 Stat. 3067; Pub. L. 115-123, div. D, title I, §40307(a), Feb. 9, 2018, 132 Stat. 146.

EDITORIAL NOTES

REFERENCES IN TEXTThe date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 109-432, which was approved Dec. 20, 2006.

AMENDMENTS2018-Subsec. (g). Pub. L. 115-123 substituted "December 31, 2017" for "December 31, 2016".2015-Subsec. (g). Pub. L. 114-113 substituted "December 31, 2016" for "December 31, 2014".2014-Subsec. (g). Pub. L. 113-295 substituted "December 31, 2014" for "December 31, 2013". 2013-Subsec. (g). Pub. L. 112-240 substituted "December 31, 2013" for "December 31, 2011".2010-Subsec. (g). Pub. L. 111-312 substituted "December 31, 2011" for "December 31, 2009".2008-Subsec. (g). Pub. L. 110-343 substituted "December 31, 2009" for "December 31, 2008".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-123, div. D, title I, §40307(b), Feb. 9, 2018, 132 Stat. 146, provided that: "The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2016."

EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-113, div. Q, title I, §168(b), Dec. 18, 2015, 129 Stat. 3067, provided that: "The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2014."

EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113-295, div. A, title I, §128(b), Dec. 19, 2014, 128 Stat. 4018, provided that: "The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2013."

EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112-240, §316(b), Jan. 2, 2013, 126 Stat. 2331, provided that: "The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2011."

EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111-312, §743(b), Dec. 17, 2010, 124 Stat. 3319, provided that: "The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2009."

EFFECTIVE DATEPub. L. 109-432, div. A, title IV, §404(c), Dec. 20, 2006, 120 Stat. 2957, provided that: "The amendments made by this section [enacting this section and amending sections 263, 312, and 1245 of this title] shall apply to costs paid or incurred after the date of the enactment of this Act [Dec. 20, 2006]."

Secretary
The term "Secretary" means the Secretary of the Treasury or his delegate.
taxable year
The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
taxpayer
The term "taxpayer" means any person subject to any internal revenue tax.