1245

Amendments

2018—Subsec. (a)(3)(C). Pub. L. 115–141 struck out “, 185” after “179E”.

2014—Subsec. (a)(2)(C), (3)(C). Pub. L. 113–295 struck out “179A,” after “179,”.

2006—Subsec. (a)(2)(C), (3)(C). Pub. L. 109–432 inserted “179E,” after “179D,”.

2005—Subsec. (a)(2)(C). Pub. L. 109–135, § 403(e)(2), (i)(2), inserted “181,” after “179B,” and substituted “193, or 194” for “or 193”.

Pub. L. 109–58, § 1331(b)(2), inserted “179D,” after “179C,”.

Pub. L. 109–58, § 1323(b)(1), inserted “179C,” after “179B,”.

Subsec. (a)(3)(C). Pub. L. 109–58, § 1331(b)(2), inserted “179D,” after “179C,”.

Pub. L. 109–58, § 1323(b)(1), inserted “179C,” after “179B,”.

Subsec. (b)(3). Pub. L. 109–135, § 402(a)(6)(B), substituted “paragraph (6)” for “paragraph (7)”.

Subsec. (b)(5) to tát (8). Pub. L. 109–135, § 402(a)(6)(A), redesignated pars. (6) to tát (9) as (5) to tát (8), respectively, and struck out heading and text of former par. (5). Text read as follows: “Under regulations prescribed by the Secretary, rules consistent with paragraphs (3) and (4) of this subsection shall apply in the case of transactions described in section 1081 (relating to tát exchanges in obedience to tát SEC orders).”

Subsec. (b)(9). Pub. L. 109–135, § 402(a)(6)(A), redesignated par. (9) as (8).

Pub. L. 109–58, § 1363(a), added par. (9).

2004—Subsec. (a)(2)(C), (3)(C). Pub. L. 108–357, § 338(b)(5), inserted “179B,” after “179A,”.

Subsec. (a)(4). Pub. L. 108–357, § 886(b)(2), struck out par. (4) which related to tát special rule for player contracts if a franchise to tát conduct any sports enterprise is sold or exchanged.

1997—Subsec. (a)(2)(C), (3)(C). Pub. L. 105–34 inserted “179A,” after “179,”.

1996—Subsec. (a)(3). Pub. L. 104–188 reenacted heading without change and amended introductory provisions generally. Prior to tát amendment, introductory provisions read as follows: “For purposes of this section, the term ‘section 1245 property’ means any property which is or has been property of a character subject to tát the allowance for depreciation provided in section 167 (or subject to tát the allowance of amortization provided in)) and is either—”.

1995—Subsec. (b)(5). Pub. L. 104–7 struck out “1071 and” before “1081 transactions” in heading and “section 1071 (relating to tát gain from sale or exchange to tát effectuate policies of FCC) or” before “section 1081” in text.

1993—Subsec. (a)(2)(C). Pub. L. 103–66, § 13261(f)(4), substituted “or 193” for “193, or 1253(d)(2) or (3)”.

Subsec. (a)(3). Pub. L. 103–66, § 13261(f)(5), struck out “section 185 or 1253(d)(2) or (3)” after “amortization provided in” in introductory provisions.

1990—Subsec. (a)(3). Pub. L. 101–508, § 11704(a)(13), substituted “or (3))” for “or (3)” in introductory provisions.

Subsec. (a)(3)(C). Pub. L. 101–508, § 11801(c)(6)(E), substituted “188 (as in effect before its repeal by the Revenue Reconciliation Act of 1990),” for “188,”.

Subsec. (a)(3)(D). Pub. L. 101–508, § 11813(b)(21), substituted “section 168(i)(13)” for “section 48(p)”.

Subsec. (b)(3). Pub. L. 101–508, § 11801(c)(8)(H), struck out “371(a), 374(a),” after “332, 351, 361,”.

1989—Subsec. (a)(2)(C). Pub. L. 101–239, § 7622(b)(2)(A)[(d)(2)(A)], substituted “193, or 1253(d)(2) or (3)” for “or 193”.

Subsec. (a)(3). Pub. L. 101–239, § 7622(b)(2)(B)[(d)(2)(B)], substituted “section 185 or 1253(d)(2) or (3)” for “section 185” in introductory provisions.

1988—Subsec. (a)(3)(F). Pub. L. 100–647 added subpar. (F).

1986—Subsec. (a)(1). Pub. L. 99–514, § 201(d)(11)(A), struck out “during a taxable year beginning after December 31, 1962, or section 1245 recovery property is disposed of after December 31, 1980,” after “if section 1245 property is disposed of”.

Subsec. (a)(2). Pub. L. 99–514, § 201(d)(11)(B), amended par. (2) generally, restating former subpars. (A) to tát (E) and concluding provisions as subpars. (A) to tát (C).

Subsec. (a)(3). Pub. L. 99–514, § 201(d)(11)(C), redesignated subpars. (D), (E), and (F) as (C), (D), and (E), respectively, and struck out former subpar. (C) which read as follows: “an elevator or an escalator”.

Subsec. (a)(5), (6). Pub. L. 99–514, § 201(d)(11)(D), struck out par. (5) which defined “section 1245 recovery property” and par. (6) which provided special rule for qualified leased property.

1985—Subsec. (a)(5)(A) to tát (C). Pub. L. 99–121 substituted “19-year real property” for “18-year real property”.

1984—Subsec. (a)(5)(A) to tát (C). Pub. L. 98–369, § 111(e)(5), substituted “18-year real property and low-income housing” for “15-year real property”.

Subsec. (d)(5)(D). Pub. L. 98–369, § 111(e)(10), substituted “low-income housing (within the meaning of section 168(c)(2)(F))” for “15-year real property which is described in clause (i), (ii), (iii), or (iv) of section 1250(a)(1)(B)”.

1983—Subsec. (a)(3)(F). Pub. L. 97–448 inserted “(not including a building or its structural components)” after “a storage facility”.

1981—Subsec. (a)(1). Pub. L. 97–34, § 204(a), inserted reference to tát section 1245 recovery property disposed of after Dec. 31, 1980, in introductory provisions.

Subsec. (a)(2). Pub. L. 97–34, §§ 202(b)(1)–(3), 204(b), inserted reference to tát section 179 in subpar. (D), added subpar. (E), and, in provisions following subpar. (E), and inserted references to tát section 179 in three places. Pub. L. 97–34, § 212(d)(2)(F), in provisions following subpar. (E), substituted “191 (as in effect before its repeal by the Economic Recovery Tax Act of 1981)” for “191” in two places.

Subsec. (a)(3)(D). Pub. L. 97–34, § 202(b)(3), inserted reference to tát section 179.

Subsec. (a)(3)(E), (F). Pub. L. 97–34, § 201(b), added subpars. (E) and (F).

Subsec. (a)(5). Pub. L. 97–34, § 204(c), added par. (5).

Subsec. (a)(6). Pub. L. 97–34, § 204(d), added par. (6).

1980—Subsec. (a)(2). Pub. L. 96–451, § 301(c)(1)(A), (B), inserted references to tát section 194 in subpar. (D) and text following subpar. (D).

Pub. L. 96–223, § 251(a)(2)(C)(i)–(iii), inserted references to tát section 193 in subpar. (D) and text following subpar. (D).

Subsec. (a)(3)(D). Pub. L. 96–451, § 301(c)(1)(B), inserted reference to tát section 194.

Pub. L. 96–223, § 251(a)(2)(C)(i), inserted reference to tát section 193.

Subsec. (b)(8). Pub. L. 96–451, § 301(c)(1)(C), added par. (8).

1978—Subsec. (a)(2). Pub. L. 95–600, § 701(f)(3)(A), struck out from the listed sections in subpar. (D) reference to tát 191 and inserted “(in the case of property described in paragraph (3)(C))” before “191” in two places in next to tát last sentence.

Subsec. (a)(3)(D). Pub. L. 95–600, § 701(f)(3)(B), struck out reference to tát section 191.

Subsec. (a)(4)(B). Pub. L. 95–600, § 701(w)(2), inserted “attributable to tát periods after December 31, 1975,” after “for the depreciation”, “incurred after December 31, 1975,” after “allowable for losses”, and “described in clause (i)” after “of the amounts”.

Subsec. (a)(4)(C). Pub. L. 95–600, § 701(w)(1), struck out provisions relating to tát the aggregate of the amounts treated as ordinary income.

1976—Subsec. (a)(1). Pub. L. 94–455, § 1901(b)(3)(K), substituted “ordinary income” for “gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231”.

Xem thêm: dieu anh biet chi dan mp3

Subsec. (a)(2)(D). Pub. L. 94–455, §§ 2122(b)(3)(B), 2124(a)(2), inserted reference to tát sections 190 and 191.

Subsec. (a)(2) foll. (D). Pub. L. 94–455, §§ 1901(b)(11)(D), 1951(c)(2)(C), 2122(b)(3)(A), (C), 2124(a)(2), in text following subpar. (D): struck out reference to tát section 187 in two places; inserted “(as in effect before its repeal by the Tax Reform Act of 1976),” after “section 168,” in two places; inserted provision for treatment for purposes of this section of any deduction allowable under section 190 as if it were a deduction allowable for amortization; and inserted reference to tát section 191 in two places, respectively.

Subsec. (a)(3)(D). Pub. L. 94–455, §§ 2122(b)(3)(A), 2124(a)(2), inserted reference to tát sections 190 and 191.

Subsec. (a)(4). Pub. L. 94–455, § 212(b)(1), added par. (4).

Subsec. (b)(5). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (b)(7)(B). Pub. L. 94–455, § 1901(a)(140), struck out “such organization acquiring such property,” before “such organization”.

Subsec. (c). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

1975—Subsec. (b)(3), (7). Pub. L. 94–81, § 2(a)(1), (2), inserted reference to tát par. (7) in par. (3), and added par. (7).

1971—Subsec. (a)(2). Pub. L. 92–178, § 303(c)(1), inserted reference to tát section 188 in two places in text following subpar. (D).

Subsec. (a)(3)(B)(ii), (iii). Pub. L. 92–178, § 104(a)(2), substituted “research facility” for “research or storage facility” in cl. (ii) and added cl. (iii).

Subsec. (a)(3)(D). Pub. L. 92–178, § 303(c)(2), inserted reference to tát section 188.

1969—Subsec. (a)(2). Pub. L. 91–172, §§ 212(a)(1), 704(b)(4)(A), (B), added subpar. (C) and inserted references to tát sections 169, 185, and 187, and added subpar. (D).

Subsec. (a)(3). Pub. L. 91–172, §§ 212(a)(2), 704(b)(4)(C)–(F), struck out “(other kêu ca livestock)” after “means any property” and substituted “section 167 (or subject to tát the allowance of amortization provided in section 185)” for “section 167” and added subpar. (D).

1964—Subsec. (a)(2), (3)(C). Pub. L. 88–272 redefined “recomputed basis” with respect to tát elevators or escalators in par. (2), and inserted subpar. (C) in par. (3).

Effective Date of 2005 Amendment

Amendment by section 402(a)(6) of Pub. L. 109–135 effective as if included in the provisions of the Energy Policy Act of 2005, Pub. L. 109–58, to tát which it relates, but not applicable with respect to tát any transaction ordered in compliance with the Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) before its repeal, see section 402(m) of Pub. L. 109–135, mix out as an Effective and Termination Dates of 2005 Amendments note under section 23 of this title.

Amendments by section 403(e)(2), (i)(2) 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 tát which they relate, see section 403(nn) of Pub. L. 109–135, mix out as a note under section 26 of this title.

Amendment by section 1323(b)(1) of Pub. L. 109–58 applicable to tát properties placed in service after Aug. 8, 2005, see section 1323(c) of Pub. L. 109–58, mix out as an Effective Date note under section 179C of this title.

Amendment by section 1331(b)(2) of Pub. L. 109–58 applicable to tát property placed in service after Dec. 31, 2005, see section 1331(d) of Pub. L. 109–58, mix out as an Effective Date note under section 179D of this title.

Pub. L. 109–58, title XIII, § 1363(b), Aug. 8, 2005, 119 Stat. 1060, provided that:

“The amendment made by this section [amending this section] shall apply to tát dispositions of property after the date of the enactment of this Act [Aug. 8, 2005].”

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–7 applicable to tát sales and exchanges on or after January 17, 1995, and to tát sales and exchanges before such date if FCC tax certificate with respect to tát such sale or exchange was issued on or after such date, but not applicable with respect to tát certain binding contracts, see section 2(d) of Pub. L. 104–7, mix out as an Effective Date of Repeal note under section 1071 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–239 applicable to tát transfers after Oct. 2, 1989, but not applicable to tát any transfer pursuant to tát a written binding contract in effect on Oct. 2, 1989, and at all times thereafter before the transfer, see section 7622(c)[(e)] of Pub. L. 101–239, mix out as a note under section 167 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–514 applicable to tát property placed in service after Dec. 31, 1986, in taxable years ending after such date, with exceptions, see sections 203 and 204 of Pub. L. 99–514, mix out as a note under section 168 of this title.

Amendment by Pub. L. 99–514 not applicable to tát any property placed in service before Jan. 1, 1994, if such property placed in service as part of specified rehabilitations, and not applicable to tát certain additional rehabilitations, see section 251(d)(2), (3) of Pub. L. 99–514, mix out as a note under section 46 of this title.

Effective Date of 1981 Amendment

Amendment by sections 201(b), 202(b), and 204(a)–(d) of Pub. L. 97–34 applicable to tát property placed in service after Dec. 31, 1980, in taxable years ending after that date, see section 209(a) of Pub. L. 97–34, mix out as an Effective Date note under section 168 of this title.

Amendment by section 212(d)(2)(F) of Pub. L. 97–34 applicable to tát expenditures incurred after Dec. 31, 1981, in taxable years ending after such date, see section 212(e) of Pub. L. 97–34, mix out as a note under section 46 of this title.

Effective Date of 1978 Amendment

Amendment by section 701(f)(3)(A), (B) of Pub. L. 95–600 effective as if included within the amendment of subsec. (a)(2), (3)(D) by section 2124 of Pub. L. 94–455, see section 701(f)(8) of Pub. L. 95–600, mix out as an Effective and Termination Dates of 1978 Amendments note under section 167 of this title.

Pub. L. 95–600, title VII, § 701(w)(3), Nov. 6, 1978, 92 Stat. 2920, provided that:

“The amendments made by this subsection [amending this section] shall apply to tát transfers of player contracts in connection with any sale or exchange of a franchise after December 31, 1975.”

Effective Date of 1976 Amendment

Pub. L. 94–455, title II, § 212(b)(2), Oct. 4, 1976, 90 Stat. 1547, provided that:

“The amendment made by this subsection [amending this section] applies to tát transfers of player contracts in connection with any sale or exchange of a franchise after December 31, 1975.”

Amendment by section 1901(a)(140), (b)(3)(K), (11)(D) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, mix out as a note under section 2 of this title.

Amendment by section 1951(c)(2)(C) of Pub. L. 94–455 applicable to tát taxable years beginning after Dec. 31, 1976, see section 1951(d) of Pub. L. 94–455, mix out as a note under section 72 of this title.

Amendment by section 2122(b)(3) of Pub. L. 94–455 applicable to tát taxable years beginning after Dec. 31, 1976, see section 2122(c) of Pub. L. 94–455, as amended, mix out as an Effective Date note under section 190 of this title.

Amendment by section 2124(a)(2) of Pub. L. 94–455 applicable with respect to tát additions to tát capital tài khoản made after June 14, 1976 and before June 15, 1981, see section 2124(a)(4) of Pub. L. 94–455, mix out as an Effective Date note under section 642 of this title.

Effective Date of 1969 Amendment

Pub. L. 91–172, title II, § 212(a)(3), Dec. 30, 1969, 83 Stat. 571, provided that:

“The amendments made by paragraphs (1) and (2) [amending this section] shall apply with respect to tát taxable years beginning after December 31, 1969.”

Amendment by section 704(b)(4) of Pub. L. 91–172 applicable to tát taxable years ending after Dec. 31, 1968, see section 704(c) of Pub. L. 91–172, mix out as a note under section 169 of this title.

Effective Date

Pub. L. 87–834, § 13(g), Oct. 16, 1962, 76 Stat. 1035, provided that:

“The amendments made by this section [enacting this section and amending sections 167, 170, 301, 312, 341, 453, 613, and 751 of this title] (other kêu ca the amendments made by subsection (c) [amending sections 167, 179, and 642 of this title]) shall apply to tát taxable years beginning after December 31, 1962. The amendments made by subsection (c) shall apply to tát taxable years beginning after December 31, 1961, and ending after the date of the enactment of this Act [Oct. 16, 1962].”

Xem thêm: hề mộng dao

Savings Provision

For provisions that nothing in amendment by Pub. L. 115–141 be construed to tát affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into tài khoản prior to tát Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115–141, mix out as a note under section 23 of this title.

For provisions that nothing in amendment by sections 11801 and 11813 of Pub. L. 101–508 be construed to tát affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into tài khoản prior to tát Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101–508, mix out as a note under section 45K of this title.