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26 U.S.C. § 181 — Treatment of certain qualified productions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Election to treat costs as expenses**
(1) **In general** — A taxpayer may elect to treat the cost of any qualified film or television production, any qualified live theatrical production, and any qualified sound recording production as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction.
(2) **Dollar limitation**
(A) *In general* — Paragraph (1) shall not apply to so much of the aggregate cost of any qualified film or television production or any qualified live theatrical production as exceeds $15,000,000.
(B) *Higher dollar limitation for productions in certain areas* — In the case of any qualified film or television production or any qualified live theatrical production the aggregate cost of which is significantly incurred in an area eligible for designation as—
(i) a low-income community under section 45D, or
(ii) a distressed county or isolated area of distress by the Delta Regional Authority established under [section 2009aa–1 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2009aa–1&num=0&edition=prelim), United States Code,
subparagraph (A) shall be applied by substituting “$20,000,000” for “$15,000,000”.
(C) *Qualified sound recording production* — Paragraph (1) shall not apply to so much of the aggregate cost of any qualified sound recording production, or to so much of the aggregate, cumulative cost of all such qualified sound recording productions in the taxable year, as exceeds $150,000.
**(b) No other deduction or amortization deduction allowable** With respect to the basis of any qualified film or television production, any qualified live theatrical production, or any qualified sound recording production to which an election is made
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Source location: Title 26, Chapter 1, § 181; chapter-001-normal-taxes-and-surtaxes.md
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**(a) Election to treat costs as expenses**
(1) **In general** — A taxpayer may elect to treat the cost of any qualified film or television production, any qualified live theatrical production, and any qualified sound recording production as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction.
(2) **Dollar limitation**
(A) *In general* — Paragraph (1) shall not apply to so much of the aggregate cost of any qualified film or television production or any qualified live theatrical production as exceeds $15,000,000.
(B) *Higher dollar limitation for productions in certain areas* — In the case of any qualified film or television production or any qualified live theatrical production the aggregate cost of which is significantly incurred in an area eligible for designation as—
(i) a low-income community under section 45D, or
(ii) a distressed county or isolated area of distress by the Delta Regional Authority established under [section 2009aa–1 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2009aa–1&num=0&edition=prelim), United States Code,
subparagraph (A) shall be applied by substituting “$20,000,000” for “$15,000,000”.
(C) *Qualified sound recording production* — Paragraph (1) shall not apply to so much of the aggregate cost of any qualified sound recording production, or to so much of the aggregate, cumulative cost of all such qualified sound recording productions in the taxable year, as exceeds $150,000.
**(b) No other deduction or amortization deduction allowable** With respect to the basis of any qualified film or television production, any qualified live theatrical production, or any qualified sound recording production to which an election is made under subsection (a), no other depreciation or amortization deduction shall be allowable.
**(c) Election**
(1) **In general** — An election under this section with respect to any qualified film or television production, any qualified live theatrical production, or any qualified sound recording production shall be made in such manner as prescribed by the Secretary and by the due date (including extensions) for filing the taxpayer’s return of tax under this chapter for the taxable year in which costs of the production are first incurred.
(2) **Revocation of election** — Any election made under this section may not be revoked without the consent of the Secretary.
**(d) Qualified film or television production** For purposes of this section—
(1) **In general** — The term “qualified film or television production” means any production described in paragraph (2) if 75 percent of the total compensation of the production is qualified compensation.
(2) **Production**
(A) *In general* — A production is described in this paragraph if such production is property described in section 168(f)(3).
(B) *Special rules for television series* — In the case of a television series—
(i) each episode of such series shall be treated as a separate production, and
(ii) only the first 44 episodes of such series shall be taken into account.
(C) *Exception* — A production is not described in this paragraph if records are required under [section 2257 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257&num=0&edition=prelim), United States Code, to be maintained with respect to any performer in such production.
(3) **Qualified compensation** — For purposes of paragraph (1)—
(A) *In general* — The term “qualified compensation” means compensation for services performed in the United States by actors, production personnel, directors, and producers.
(B) *Participations and residuals excluded* — The term “compensation” does not include participations and residuals (as defined in section 167(g)(7)(B)).
**(e) Qualified live theatrical production** For purposes of this section—
(1) **In general** — The term “qualified live theatrical production” means any production described in paragraph (2) if 75 percent of the total compensation of the production is qualified compensation (as defined in subsection (d)(3)).
(2) **Production**
(A) *In general* — A production is described in this paragraph if such production is a live staged production of a play (with or without music) which is derived from a written book or script and is produced or presented by a taxable entity in any venue which has an audience capacity of not more than 3,000 or a series of venues the majority of which have an audience capacity of not more than 3,000.
(B) *Touring companies, etc.* — In the case of multiple live staged productions—
(i) for which the election under this section would be allowable to the same taxpayer, and
(ii) which are—
(I) separate phases of a production, or
(II) separate simultaneous stagings of the same production in different geographical locations (not including multiple performance locations of any one touring production),
each such live staged production shall be treated as a separate production.
(C) *Phase* — For purposes of subparagraph (B), the term “phase” with respect to any qualified live theatrical production refers to each of the following, but only if each of the following is treated by the taxpayer as a separate activity for all purposes of this title:
(i) The initial staging of a live theatrical production.
(ii) Subsequent additional stagings or touring of such production which are produced by the same producer as the initial staging.
(D) *Seasonal productions*
(i) *In general* — In the case of a live staged production not described in subparagraph (B) which is produced or presented by a taxable entity for not more than 10 weeks of the taxable year, subparagraph (A) shall be applied by substituting “6,500” for “3,000”.
(ii) *Short taxable years* — For purposes of clause (i), in the case of any taxable year of less than 12 months, the number of weeks for which a production is produced or presented shall be annualized by multiplying the number of weeks the production is produced or presented during such taxable year by 12 and dividing the result by the number of months in such taxable year.
(E) *Exception* — A production is not described in this paragraph if such production includes or consists of any performance of conduct described in [section 2257(h)(1) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257/h/1&num=0&edition=prelim), United States Code.
**(f) Qualified sound recording production** For purposes of this section, the term “qualified sound recording production” means a sound recording (as defined in [section 101 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim), United States Code) produced and recorded in the United States.
**(g) Application of certain other rules** For purposes of this section, rules similar to the rules of subsections (b)(2) and (c)(4) of section 194 shall apply.
**(h) Termination** This section shall not apply to qualified film and television productions, qualified live theatrical productions, or qualified sound recording productions commencing after December 31, 2025.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise provided in this section, the depreciation deduction provided by section 167(a) for any tangible property shall be determined by using—
(1) the applicable depreciation method,
(2) the applicable recovery period, and
(3) the applicable convention.
**(b) Applicable depreciation method** For purposes of this section—
(1) **In general** — Except as provided in paragraphs (2) and (3), the applicable depreciation method is—
(A) the 200 percent declining balance method,
(B) switching to the straight line method for the 1st taxable year for which using the straight line method with respect to the adjusted basis as of the beginning of such year will yield a larger allowance.
(2) **150 percent declining balance method in certain cases** — Paragraph (1) shall be applied by substituting “150 percent” for “200 percent” in the case of—
(A) any 15-year or 20-year property not referred to in paragraph (3),
(B) any property (other than property described in paragraph (3)) which is a qualified smart electric meter or qualified smart electric grid system, or
(C) any property (other than property described in paragraph (3)) with respect to which the taxpayer elects under paragraph (5) to have the provisions of this paragraph apply.
(3) **Property to which straight line method applies** — The applicable depreciation method shall be the straight line method in the case of the following property:
(A) Nonresidential real property.
(B) Residential rental property.
(C) Any railroad grading or tunnel bore.
(D) Property with respect to which the taxpayer elects under paragraph (5) to have the provisions of this paragraph apply.
(E) Property described in subsection (e)(3)(D)(ii).
(F) Water utility property described in
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 168
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter which—
(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.
**(b)** Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct—
(1) ascertain, by examination of an identification document containing such information, the performer’s name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer’s present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.
**(c)** Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.
**(d)**
(1) No information or evidence obtained fr
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Authority** — The term “Authority” means the Delta Regional Authority established by [section 2009aa–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2009aa-1&num=0&edition=prelim).
(2) **Region** — The term “region” means the Lower Mississippi (as defined in section 4 of the Delta Development Act ([42 U.S.C. 3121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3121&num=0&edition=prelim) note; Public Law 100–460)).
(3) **Federal grant program** — The term “Federal grant program” means a Federal grant program to provide assistance in—
(A) acquiring or developing land;
(B) constructing or equipping a highway, road, bridge, or facility; or
(C) carrying out other economic development activities.
(4) **Alabama as participating State** — Notwithstanding any other provision of law, the State of Alabama shall be a full member of the Delta Regional Authority and shall be entitled to all rights and privileges that said membership affords to all other participating States in the Delta Regional Authority.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2009aa–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation based on amount of tax** The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of—
(1) the taxpayer’s regular tax liability for the taxable year reduced by the foreign tax credit allowable under section 27, and
(2) the tax imposed by section 55(a) for the taxable year.
**(b) Regular tax liability** For purposes of this part—
(1) **In general** — The term “regular tax liability” means the tax imposed by this chapter for the taxable year.
(2) **Exception for certain taxes** — For purposes of paragraph (1), any tax imposed by any of the following provisions shall not be treated as tax imposed by this chapter:
(A) section 55 (relating to minimum tax),
(B) section 59A (relating to base erosion and anti-abuse tax),
(C) subsection (m)(5)(B), (q), (t), or (v) of section 72 (relating to additional taxes on certain distributions),
(D) section 143(m) (relating to recapture of proration of Federal subsidy from use of mortgage bonds and mortgage credit certificates),
(E) section 530(d)(4) (relating to additional tax on certain distributions from Coverdell education savings accounts),
(F) section 531 (relating to accumulated earnings tax),
(G) section 541 (relating to personal holding company tax),
(H) section 1351(d)(1) (relating to recoveries of foreign expropriation losses),
(I) section 1374 (relating to tax on certain built-in gains of S corporations),
(J) section 1375 (relating to tax imposed when passive investment income of corporation having subchapter C earnings and profits exceeds 25 percent of gross receipts),
(K) subparagraph (A) of section 7518(g)(6) (relating to nonqualified withdrawals from capital construction funds taxed at highest marginal rate),
(L) sections 87
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 26
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 108–357, title I, § 102(a), Oct. 22, 2004, 118 Stat. 1424; amended Pub. L. 109–135, title IV, § 403(a)(1)–(13), Dec. 21, 2005, 119 Stat. 2615–2619; Pub. L. 109–222, title V, § 514(a), (b), May 17, 2006, 120 Stat. 366; Pub. L. 109–432, div. A, title IV, § 401(a), Dec. 20, 2006, 120 Stat. 2953; Pub. L. 110–343, div. B, title IV, § 401(a), (b), div. C, title III, § 312(a), title V, § 502(c), Oct. 3, 2008, 122 Stat. 3851, 3869, 3876; Pub. L. 111–312, title VII, § 746(a), Dec. 17, 2010, 124 Stat. 3319; Pub. L. 112–240, title III, § 318(a), Jan. 2, 2013, 126 Stat. 2331; Pub. L. 113–295, div. A, title I, § 130(a), title II, §§ 219(b), 221(a)(37), Dec. 19, 2014, 128 Stat. 4018, 4035, 4043; Pub. L. 114–113, div. P, title III, § 305(a), div. Q, title I, § 170(a), Dec. 18, 2015, 129 Stat. 3040, 3069, related to deduction of income attributable to domestic production activities.
#### Subsection (c)(3)(C) of this Section Prior to Repeal
Prior to repeal by section 13305(a) of Pub. L. 115–97, subsection (c)(3)(C) of this section read as follows:
(c) Qualified production activities income
(3) Special rules for determining costs
(C) Transportation costs of independent refiners
(i) In general
In the case of any taxpayer who is in the trade or business of refining crude oil and who is not a major integrated oil company (as defined in section 167(h)(5)(B), determined without regard to clause (iii) thereof) for the taxable year, in computing oil related qualified production activities income under subsection (d)(9)(B), the amount allocated to domestic production gross receipts under paragraph (1)(B) for costs related to the transportation of oil shall be 25 percent of the amount properly allocable under such paragraph (determined without reg
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 199
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Energy credit**
(1) **In general** — For purposes of section 46, except as provided in paragraphs (1)(B), (2)(B), and (3)(B) of subsection (c), the energy credit for any taxable year is the energy percentage of the basis of each energy property placed in service during such taxable year.
(2) **Energy percentage**
(A) *In general* — Except as provided in paragraphs (6) and (7), the energy percentage is—
(i) 6 percent in the case of—
(I) qualified fuel cell property,
(II) energy property described in clause (i) or (iii) of paragraph (3)(A) but only with respect to property the construction of which begins before January 1, 2025,
(III) energy property described in paragraph (3)(A)(ii),
(IV) qualified small wind energy property,
(V) waste energy recovery property,
(VI) energy storage technology,
(VII) qualified biogas property,
(VIII) microgrid controllers, and
(IX) energy property described in clauses (v) and (vii) of paragraph (3)(A), and
(ii) in the case of any energy property to which clause (i) does not apply, 0 percent.
(B) *Coordination with rehabilitation credit* — The energy percentage shall not apply to that portion of the basis of any property which is attributable to qualified rehabilitation expenditures.
(C) *Nonapplication of increases to energy percentage* — For purposes of energy property described in subparagraph (A)(ii), the energy percentage applicable to such property pursuant to such subparagraph shall not be increased or otherwise adjusted by any provision of this section.
(3) **Energy property** — For purposes of this subpart, the term “energy property” means any property—
(A) which is—
(i) equipment which uses solar energy to generate electricity, to he
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 48
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Federal law — U.S. Code and appendices · legal_authorities
Page 909
TITLE 26—INTERNAL REVENUE CODE
§ 181
(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 elec-
tion under section 179.
(f) Reporting
No deduction shall be allowed under sub-
section (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.
(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, title VII, § 743(a), Dec.
17, 2010, 124 Stat. 3319; Pub. L. 112–240, title III,
§ 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 TEXT
The 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.
AMENDMENTS
2018—Subsec. (g). Pub. L. 115–123 substituted ‘‘Decem-
ber 31, 2017’’ for ‘‘December 31, 2016’’.
2015—Subsec. (g). Pub. L. 114–113 substituted ‘‘Decem-
ber 31, 2016’’ for ‘‘December 31, 2014’’.
2014—Subsec. (g). Pub. L. 113–295 substituted ‘‘Decem-
ber 31, 2014’’ for ‘‘December 31, 2013’’.
2013—Subsec. (g). Pub. L. 112–240 substituted ‘‘Decem-
ber 31, 2013’’ for ‘‘December 31, 2011’’.
2010—Subsec. (g). Pub. L. 111–
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 181
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