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26 U.S.C. § 190 — Expenditures to remove architectural and transportation barriers to the handicapped and elderly
Federal law — U.S. Code and appendices · legal_authorities
**(a) Treatment as expenses**
(1) **In general** — A taxpayer may elect to treat qualified architectural and transportation barrier removal expenses which are paid or incurred by him during the taxable year as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction.
(2) **Election** — An election under paragraph (1) shall be made at such time and in such manner as the Secretary prescribes by regulations.
**(b) Definitions** For purposes of this section—
(1) **Architectural and transportation barrier removal expenses** — The term “architectural and transportation barrier removal expenses” means an expenditure for the purpose of making any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with his trade or business more accessible to, and usable by, handicapped and elderly individuals.
(2) **Qualified architectural and transportation barrier removal expenses** — The term “qualified architectural and transportation barrier removal expense” means, with respect to any such facility or public transportation vehicle, an architectural or transportation barrier removal expense with respect to which the taxpayer establishes, to the satisfaction of the Secretary, that the resulting removal of any such barrier meets the standards promulgated by the Secretary with the concurrence of the Architectural and Transportation Barriers Compliance Board and set forth in regulations prescribed by the Secretary.
(3) **Handicapped individual** — The term “handicapped individual” means any individual who has a physical or mental disability (including, but not limited to, blindness or deafness) which for such individual constitutes or results in a functional limitation to employment, or w
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Source file: Laws/federal/codes/united-states-code/title-26/section-190-expenditures-to-remove-architectural-and-transportation-barriers-to-the--517a73cc8e.md
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Source location: Title 26, Chapter 1, § 190; chapter-001-normal-taxes-and-surtaxes.md
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**(a) Treatment as expenses**
(1) **In general** — A taxpayer may elect to treat qualified architectural and transportation barrier removal expenses which are paid or incurred by him during the taxable year as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction.
(2) **Election** — An election under paragraph (1) shall be made at such time and in such manner as the Secretary prescribes by regulations.
**(b) Definitions** For purposes of this section—
(1) **Architectural and transportation barrier removal expenses** — The term “architectural and transportation barrier removal expenses” means an expenditure for the purpose of making any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with his trade or business more accessible to, and usable by, handicapped and elderly individuals.
(2) **Qualified architectural and transportation barrier removal expenses** — The term “qualified architectural and transportation barrier removal expense” means, with respect to any such facility or public transportation vehicle, an architectural or transportation barrier removal expense with respect to which the taxpayer establishes, to the satisfaction of the Secretary, that the resulting removal of any such barrier meets the standards promulgated by the Secretary with the concurrence of the Architectural and Transportation Barriers Compliance Board and set forth in regulations prescribed by the Secretary.
(3) **Handicapped individual** — The term “handicapped individual” means any individual who has a physical or mental disability (including, but not limited to, blindness or deafness) which for such individual constitutes or results in a functional limitation to employment, or who has any physical or mental impairment (including, but not limited to, a sight or hearing impairment) which substantially limits one or more major life activities of such individual.
**(c) Limitation** The deduction allowed by subsection (a) for any taxable year shall not exceed $15,000.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allowance of credit** There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of—
(1) the business credit carryforwards carried to such taxable year,
(2) the amount of the current year business credit, plus
(3) the business credit carrybacks carried to such taxable year.
**(b) Current year business credit** For purposes of this subpart, the amount of the current year business credit is the sum of the following credits determined for the taxable year:
(1) the investment credit determined under section 46,
(2) the work opportunity credit determined under section 51(a),
(3) the alcohol fuels credit determined under section 40(a),
(4) the research credit determined under section 41(a),
(5) the low-income housing credit determined under section 42(a),
(6) the enhanced oil recovery credit under section 43(a),
(7) in the case of an eligible small business (as defined in section 44(b)), the disabled access credit determined under section 44(a),
(8) the renewable electricity production credit under section 45(a),
(9) the empowerment zone employment credit determined under section 1396(a),
(10) the Indian employment credit as determined under section 45A(a),
(11) the employer social security credit determined under section 45B(a),
(12) the orphan drug credit determined under section 45C(a),
(13) the new markets tax credit determined under section 45D(a),
(14) in the case of an eligible employer (as defined in section 45E(c)), the small employer pension plan startup cost credit determined under section 45E(a),
(15) the employer-provided child care credit determined under section 45F(a),
(16) the railroad track maintenance credit determined under section 45G(a),
(17) the biodiesel fuels cr
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 38
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule**
(1) **Ordinary income** — Except as otherwise provided in this section, if section 1245 property is disposed of the amount by which the lower of—
(A) the recomputed basis of the property, or
(B)
(i) in the case of a sale, exchange, or involuntary conversion, the amount realized, or
(ii) in the case of any other disposition, the fair market value of such property,
exceeds the adjusted basis of such property shall be treated as ordinary income. Such gain shall be recognized notwithstanding any other provision of this subtitle.
(2) **Recomputed basis** — For purposes of this section—
(A) *In general* — The term “recomputed basis” means, with respect to any property, its adjusted basis recomputed by adding thereto all adjustments reflected in such adjusted basis on account of deductions (whether in respect of the same or other property) allowed or allowable to the taxpayer or to any other person for depreciation or amortization.
(B) *Taxpayer may establish amount allowed* — For purposes of subparagraph (A), if the taxpayer can establish by adequate records or other sufficient evidence that the amount allowed for depreciation or amortization for any period was less than the amount allowable, the amount added for such period shall be the amount allowed.
(C) *Certain deductions treated as amortization* — Any deduction allowable under section 179, 179B, 179C, 179D, 179E, 181, 190, 193, or 194 shall be treated as if it were a deduction allowable for amortization.
(3) **Section 1245 property** — For purposes of this section, the term “section 1245 property” means any property which is or has been property of a character subject to the allowance for depreciation provided in section 167 and is either—
(A) personal property,
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1245
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise provided in this section—
(1) **Additional depreciation after December 31, 1975**
(A) *In general* — If section 1250 property is disposed of after December 31, 1975, then the applicable percentage of the lower of—
(i) that portion of the additional depreciation (as defined in subsection (b)(1) or (4)) attributable to periods after December 31, 1975, in respect of the property, or
(ii) the excess of the amount realized (in the case of a sale, exchange, or involuntary conversion), or the fair market value of such property (in the case of any other disposition), over the adjusted basis of such property,
shall be treated as gain which is ordinary income. Such gain shall be recognized notwithstanding any other provision of this subtitle.
(B) *Applicable percentage* — For purposes of subparagraph (A), the term “applicable percentage” means—
(i) in the case of section 1250 property with respect to which a mortgage is insured under section 221(d)(3) or 236 of the National Housing Act, or housing financed or assisted by direct loan or tax abatement under similar provisions of State or local laws and with respect to which the owner is subject to the restrictions described in section 1039(b)(1)(B) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990), 100 percent minus 1 percentage point for each full month the property was held after the date the property was held 100 full months;
(ii) in the case of dwelling units which, on the average, were held for occupancy by families or individuals eligible to receive subsidies under section 8 of the United States Housing Act of 1937, as amended, or under the provisions of State or local law authorizing similar levels of su
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1250
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** No deduction shall be allowed for—
(1) Any amount paid out for new buildings or for permanent improvements or betterments made to increase the value of any property or estate. This paragraph shall not apply to—
(A) expenditures for the development of mines or deposits deductible under section 616,
(B) research and experimental expenditures deductible under section 174 or 174A,
(C) soil and water conservation expenditures deductible under section 175,
(D) expenditures by farmers for fertilizer, etc., deductible under section 180,
(E) expenditures for removal of architectural and transportation barriers to the handicapped and elderly which the taxpayer elects to deduct under section 190,
(F) expenditures for tertiary injectants with respect to which a deduction is allowed under section 193,
(G) expenditures for which a deduction is allowed under section 179,
(H) expenditures for which a deduction is allowed under section 179B,
(I) expenditures for which a deduction is allowed under section 179C,
(J) expenditures for which a deduction is allowed under section 179D, or
(K) expenditures for which a deduction is allowed under section 179E.
(2) Any amount expended in restoring property or in making good the exhaustion thereof for which an allowance is or has been made.
**(b) Repealed. Pub. L. 101–508, title XI, § 11801(a)(16), Nov. 5, 1990, 104 Stat. 1388–520]**
**(c) Intangible drilling and development costs in the case of oil and gas wells and geothermal wells** Notwithstanding subsection (a), and except as provided in subsection (i), regulations shall be prescribed by the Secretary under this subtitle corresponding to the regulations which granted the option to deduct as expenses intangible drilling and development c
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 263
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Federal law — U.S. Code and appendices · legal_authorities
Page 915
TITLE 26—INTERNAL REVENUE CODE
§ 190
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective for taxable years beginning after
Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set
out as an Effective Date of 1976 Amendment note under
section 2 of this title.
[§ 188.
Repealed.
Pub.
L.
101–508,
title
XI,
§ 11801(a)(13),
Nov.
5,
1990,
104
Stat.
1388–520]
Section, added Pub. L. 92–178, title III, § 303(a), Dec.
10, 1971, 85 Stat. 521; amended Pub. L. 94–455, title XIX,
§ 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–30,
title IV, § 402(a)(1)–(3), May 23, 1977, 91 Stat. 155, related
to amortization of certain expenditures for child care
facilities.
Statutory Notes and Related Subsidiaries
SAVINGS PROVISION
For provisions that nothing in repeal by Pub. L.
101–508 be construed to affect treatment of certain
transactions occurring, property acquired, or items of
income, loss, deduction, or credit taken into account
prior to Nov. 5, 1990, for purposes of determining liabil-
ity for tax for periods ending after Nov. 5, 1990, see sec-
tion 11821(b) of Pub. L. 101–508, set out as a note under
section 45K of this title.
[§ 189. Repealed. Pub. L. 99–514, title VIII,
§ 803(b)(1), Oct. 22, 1986, 100 Stat. 2355]
Section, added Pub. L. 94–455, title II, § 201(a), Oct. 4,
1976, 90 Stat. 1525; amended Pub. L. 95–600, title VII,
§ 701(m)(1), Nov. 6, 1978, 92 Stat. 2907; Pub. L. 97–34, title
II, § 262(a), (b), Aug. 13, 1981, 95 Stat. 264; Pub. L. 97–248,
title II, § 207(a)–(d), Sept. 3, 1982, 96 Stat. 431, 432; Pub.
L. 97–354, § 5(a)(24), Oct. 19, 1982, 96 Stat. 1694; Pub. L.
98–369, div. A, title I, § 93(a), title VII, § 712(c), July 18,
1984, 98 Stat. 614, 947, related to amortization of real
prop
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 190
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