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26 U.S.C. § 28 — Renumbered § 45C]
Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 26 U.S.C. § 28
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Stable record: federal_law:legal_authorities:record_usc_3635ddaacb4502aa6c6aafa9
Source file: Laws/federal/codes/united-states-code/title-26/section-28-renumbered-45c--f8b83b10ae.md
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Source location: Laws/federal/codes/united-states-code/title-26/section-28-renumbered-45c--f8b83b10ae.md#record-record-usc-3635ddaacb4502aa6c6aafa9
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Request by sponsor; response by Secretary** The sponsor of a drug for a disease or condition which is rare in the States may request the Secretary to provide written recommendations for the non-clinical and clinical investigations which must be conducted with the drug before—
(1) it may be approved for such disease or condition under [section 355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section355&num=0&edition=prelim), or
(2) if the drug is a biological product, it may be licensed for such disease or condition under [section 262 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim).
If the Secretary has reason to believe that a drug for which a request is made under this section is a drug for a disease or condition which is rare in the States, the Secretary shall provide the person making the request written recommendations for the non-clinical and clinical investigations which the Secretary believes, on the basis of information available to the Secretary at the time of the request under this section, would be necessary for approval of such drug for such disease or condition under [section 355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section355&num=0&edition=prelim) or licensing of such drug for such disease or condition under [section 262 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section262&num=0&edition=prelim).
**(b) Regulations** The Secretary shall by regulation promulgate procedures for the implementation of subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 360aa
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Rule for employment credits** No deduction shall be allowed for that portion of the wages or salaries paid or incurred for the taxable year which is equal to the sum of the credits determined for the taxable year under sections 45A(a), 45P(a), 45S(a)(1)(A), 51(a), and 1396(a). No deduction shall be allowed for that portion of the premiums paid or incurred for the taxable year which is equal to that portion of the paid family and medical leave credit which is determined for the taxable year under section 45S(a)(1)(B). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.
**(b) Credit for qualified clinical testing expenses for certain drugs**
(1) **In general** — No deduction shall be allowed for that portion of the qualified clinical testing expenses (as defined in section 45C(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit allowable for the taxable year under section 45C (determined without regard to section 38(c)).
(2) **Similar rule where taxpayer capitalizes rather than deducts expenses** — If—
(A) the amount of the credit allowable for the taxable year under section 45C (determined without regard to section 38(c)), exceeds
(B) the amount allowable as a deduction for the taxable year for qualified clinical testing expenses (determined without regard to paragraph (1)),
the amount chargeable to capital account for the taxable year for such expe
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 280C
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to the sum of—
(1) 20 percent of the excess (if any) of—
(A) the qualified research expenses for the taxable year, over
(B) the base amount,
(2) 20 percent of the basic research payments determined under subsection (e)(1)(A), and
(3) 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to an energy research consortium for energy research.
**(b) Qualified research expenses** For purposes of this section—
(1) **Qualified research expenses** — The term “qualified research expenses” means the sum of the following amounts which are paid or incurred by the taxpayer during the taxable year in carrying on any trade or business of the taxpayer—
(A) in-house research expenses, and
(B) contract research expenses.
(2) **In-house research expenses**
(A) *In general* — The term “in-house research expenses” means—
(i) any wages paid or incurred to an employee for qualified services performed by such employee,
(ii) any amount paid or incurred for supplies used in the conduct of qualified research, and
(iii) under regulations prescribed by the Secretary, any amount paid or incurred to another person for the right to use computers in the conduct of qualified research.
Clause (iii) shall not apply to any amount to the extent that the taxpayer (or any person with whom the taxpayer must aggregate expenditures under subsection (f)(1)) receives or accrues any amount from any other person for the right to use substantially identical personal property.
(B) *Qualified services* — The term “qualified s
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of section 38, the credit determined under this section for the taxable year is an amount equal to 25 percent of the qualified clinical testing expenses for the taxable year.
**(b) Qualified clinical testing expenses** For purposes of this section—
(1) **Qualified clinical testing expenses**
(A) *In general* — Except as otherwise provided in this paragraph, the term “qualified clinical testing expenses” means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in subparagraph (B).
(B) *Modifications* — For purposes of subparagraph (A), subsection (b) of section 41 shall be applied—
(i) by substituting “clinical testing” for “qualified research” each place it appears in paragraphs (2) and (3) of such subsection, and
(ii) by substituting “100 percent” for “65 percent” in paragraph (3)(A) of such subsection.
(C) *Exclusion for amounts funded by grants, etc.* — The term “qualified clinical testing expenses” shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity).
(2) **Clinical testing**
(A) *In general* — The term “clinical testing” means any human clinical testing—
(i) which is carried out under an exemption for a drug being tested for a rare disease or condition under section 505(i) of the Federal Food, Drug, and Cosmetic Act (or regulations issued under such section),
(ii) which occurs—
(I) after the date such drug is designated under section 526 of such Act, and
(II) before the date on which an application with respect to such drug is approved under
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 45C
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Presidential Election Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund.
**(b) Income tax liability** For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof).
**(c) Manner and time of designation** A designation under subsection (a) may be made with respect to any taxable year—
(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or
(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6096
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; composition; chairman** There is established in the Department of Health and Human Services a board for the development of drugs (including biologics) and devices (including diagnostic products) for rare diseases or conditions to be known as the Orphan Products Board. The Board shall be comprised of the Assistant Secretary for Health of the Department of Health and Human Services and representatives, selected by the Secretary, of the Food and Drug Administration, the National Institutes of Health, the Centers for Disease Control and Prevention, and any other Federal department or agency which the Secretary determines has activities relating to drugs and devices for rare diseases or conditions. The Assistant Secretary for Health shall chair the Board.
**(b) Function** The function of the Board shall be to promote the development of drugs and devices for rare diseases or conditions and the coordination among Federal, other public, and private agencies in carrying out their respective functions relating to the development of such articles for such diseases or conditions.
**(c) Duties with respect to drugs for rare diseases or conditions** In the case of drugs for rare diseases or conditions the Board shall—
(1) evaluate—
(A) the effect of subchapter B of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 360aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360aa&num=0&edition=prelim) et seq.] on the development of such drugs, and
(B) the implementation of such subchapter; 11 So in original. The semicolon probably should be a comma.
(2) evaluate the activities of the National Institutes of Health for the development of drugs for such diseases or conditions,
(3) assure appropriate coordination among the Food and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 237
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Federal law — U.S. Code and appendices · legal_authorities
Page 117
TITLE 26—INTERNAL REVENUE CODE
[§ 30A
1 So in original. Probably should be followed by a period.
A of chapter 1 by striking out item 30A ‘‘Puerto Rico
economic activity credit’’, was executed to the table of
sections for this subpart to reflect the probable intent
of Congress.
2014—Pub. L. 113–295, div. A, title II, § 221(a)(2)(A),
Dec. 19, 2014, 128 Stat. 4037, struck out item 30 ‘‘Certain
plug-in electric vehicles’’.
2009—Pub. L. 111–5, div. B, title I, § 1142(b)(8), Feb. 17,
2009, 123 Stat. 331, substituted ‘‘Certain plug-in electric
vehicles’’ for ‘‘Credit for qualified electric vehicles’’ in
item 30.
2008—Pub. L. 110–343, div. B, title II, § 205(d)(4), Oct. 3,
2008, 122 Stat. 3839, added item 30D.
2005—Pub. L. 109–135, title IV, § 412(e), Dec. 21, 2005, 119
Stat. 2637, substituted ‘‘Alternative fuel vehicle refuel-
ing property credit’’ for ‘‘Clean-fuel vehicle refueling
property credit’’ in item 30C.
Pub. L. 109–58, title XIII, §§ 1322(a)(3)(K), 1341(b)(5),
1342(b)(5), Aug. 8, 2005, 119 Stat. 1012, 1049, 1051, struck
out item 29 ‘‘Credit for producing fuel from a non-
conventional source’’ and added items 30B and 30C.
1997—Pub. L. 105–34, title XVI, § 1601(f)(1)(B), Aug. 5,
1997, 111 Stat. 1090, substituted ‘‘Puerto Rico’’ for
‘‘Puerto Rican’’ in item 30A.
1996—Pub.
L.
104–188,
title
I,
§§ 1205(a)(3)(A),
1601(b)(2)(E), (F)(i), Aug. 20, 1996, 110 Stat. 1775, 1833,
substituted ‘‘Other Credits’’ for ‘‘Foreign Tax Credits,
Etc.’’ in subpart heading, struck out item 28 ‘‘Clinical
testing expenses for certain drugs for rare diseases or
conditions’’, and added item 30A.
1992—Pub. L. 102–486, title XIX, § 1913(b)(2)(A), Oct. 24,
1992, 106 Stat. 3020, added item 30.
1986—Pub. L. 99–514, title II, § 231(d)(3)(J), Oct. 22, 1986,
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 28
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.