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26 U.S.C. § 6417 — Elective payment of applicable credits
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In the case of an applicable entity making an election (at such time and in such manner as the Secretary may provide) under this section with respect to any applicable credit determined with respect to such entity, such entity shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit.
**(b) Applicable credit** The term “applicable credit” means each of the following:
(1) So much of the credit for alternative fuel vehicle refueling property allowed under section 30C which, pursuant to subsection (d)(1) of such section, is treated as a credit listed in section 38(b).
(2) So much of the renewable electricity production credit determined under section 45(a) as is attributable to qualified facilities which are originally placed in service after December 31, 2022.
(3) So much of the credit for carbon oxide sequestration determined under section 45Q(a) as is attributable to carbon capture equipment which is originally placed in service after December 31, 2022.
(4) The zero-emission nuclear power production credit determined under section 45U(a).
(5) So much of the credit for production of clean hydrogen determined under section 45V(a) as is attributable to qualified clean hydrogen production facilities which are originally placed in service after December 31, 2012.
(6) In the case of a tax-exempt entity described in clause (i), (ii), or (iv) of section 168(h)(2)(A), the credit for qualified commercial vehicles determined under section 45W by reason of subsection (d)(3) thereof.
(7) The credit for advanced manufacturing production under section 45X(a).
(8) The clean electricity production credit determined under section 45Y(a).
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Source location: Title 26, Chapter 65, § 6417; chapter-065-abatements-credits-and-refunds.md
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**(a) In general** In the case of an applicable entity making an election (at such time and in such manner as the Secretary may provide) under this section with respect to any applicable credit determined with respect to such entity, such entity shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit.
**(b) Applicable credit** The term “applicable credit” means each of the following:
(1) So much of the credit for alternative fuel vehicle refueling property allowed under section 30C which, pursuant to subsection (d)(1) of such section, is treated as a credit listed in section 38(b).
(2) So much of the renewable electricity production credit determined under section 45(a) as is attributable to qualified facilities which are originally placed in service after December 31, 2022.
(3) So much of the credit for carbon oxide sequestration determined under section 45Q(a) as is attributable to carbon capture equipment which is originally placed in service after December 31, 2022.
(4) The zero-emission nuclear power production credit determined under section 45U(a).
(5) So much of the credit for production of clean hydrogen determined under section 45V(a) as is attributable to qualified clean hydrogen production facilities which are originally placed in service after December 31, 2012.
(6) In the case of a tax-exempt entity described in clause (i), (ii), or (iv) of section 168(h)(2)(A), the credit for qualified commercial vehicles determined under section 45W by reason of subsection (d)(3) thereof.
(7) The credit for advanced manufacturing production under section 45X(a).
(8) The clean electricity production credit determined under section 45Y(a).
(9) The clean fuel production credit determined under section 45Z(a).
(10) The energy credit determined under section 48.
(11) The qualifying advanced energy project credit determined under section 48C.
(12) The clean electricity investment credit determined under section 48E.
**(c) Application to partnerships and S corporations**
(1) **In general** — In the case of any applicable credit determined with respect to any facility or property held directly by a partnership or S corporation, any election under subsection (a) shall be made by such partnership or S corporation. If such partnership or S corporation makes an election under such subsection (in such manner as the Secretary may provide) with respect to such credit—
(A) the Secretary shall make a payment to such partnership or S corporation equal to the amount of such credit,
(B) subsection (e) shall be applied with respect to such credit before determining any partner’s distributive share, or shareholder’s pro rata share, of such credit,
(C) any amount with respect to which the election in subsection (a) is made shall be treated as tax exempt income for purposes of sections 705 and 1366, and
(D) a partner’s distributive share of such tax exempt income shall be based on such partner’s distributive share of the otherwise applicable credit for each taxable year.
(2) **Coordination with application at partner or shareholder level** — In the case of any facility or property held directly by a partnership or S corporation, no election by any partner or shareholder shall be allowed under subsection (a) with respect to any applicable credit determined with respect to such facility or property.
(3) **Treatment of payments to partnerships and S corporations** — For purposes of [section 1324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1324&num=0&edition=prelim), United States Code, the payments under paragraph (1)(A) shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
**(d) Special rules** For purposes of this section—
(1) **Applicable entity**
(A) *In general* — The term “applicable entity” means—
(i) any organization exempt from the tax imposed by subtitle A,
(ii) any State or political subdivision thereof,
(iii) the Tennessee Valley Authority,
(iv) an Indian tribal government (as defined in section 30D(g)(9)),
(v) any Alaska Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ([43 U.S.C. 1602(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/m&num=0&edition=prelim)), or
(vi) any corporation operating on a cooperative basis which is engaged in furnishing electric energy to persons in rural areas.
(B) *Election with respect to credit for production of clean hydrogen* — If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has placed in service a qualified clean hydrogen production facility (as defined in section 45V(c)(3)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(5).
(C) *Election with respect to credit for carbon oxide sequestration* — If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has, after December 31, 2022, placed in service carbon capture equipment at a qualified facility (as defined in section 45Q(d)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(3).
(D) *Election with respect to advanced manufacturing production credit*
(i) *In general* — If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has, after December 31, 2022, produced eligible components (as defined in section 45X(c)(1)), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(7).
(ii) *Limitation*
(I) *In general* — Except as provided in subclause (II), if a taxpayer makes an election under this subparagraph with respect to any taxable year, such taxpayer shall be treated as having made such election for each of the 4 succeeding taxable years ending before January 1, 2033.
(II) *Exception* — A taxpayer may elect to revoke the application of the election made under this subparagraph to any taxable year described in subclause (I). Any such election, if made, shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in subclause (I). Any election under this subclause may not be subsequently revoked.
(iii) *Prohibition on transfer* — For any taxable year described in clause (ii)(I), no election may be made by the taxpayer under section 6418(a) for such taxable year with respect to eligible components for purposes of the credit described in subsection (b)(7).
(E) *Other rules*
(i) *In general* — An election made under subparagraph (B), (C), or (D) shall be made at such time and in such manner as the Secretary may provide.
(ii) *Limitation* — No election may be made under subparagraph (B), (C), or (D) with respect to any taxable year beginning after December 31, 2032.
(2) **Application** — In the case of any applicable entity which makes the election described in subsection (a), any applicable credit shall be determined—
(A) without regard to paragraphs (3) and (4)(A)(i) of section 50(b), and
(B) by treating any property with respect to which such credit is determined as used in a trade or business of the applicable entity.
(3) **Elections**
(A) *In general*
(i) *Due date* — Any election under subsection (a) shall be made not later than—
(I) in the case of any government, or political subdivision, described in paragraph (1) and for which no return is required under section 6011 or 6033(a), such date as is determined appropriate by the Secretary, or
(II) in any other case, the due date (including extensions of time) for the return of tax for the taxable year for which the election is made, but in no event earlier than 180 days after the date of the enactment of this section.
(ii) *Additional rules* — Any election under subsection (a), once made, shall be irrevocable and shall apply (except as otherwise provided in this paragraph) with respect to any credit for the taxable year for which the election is made.
(B) *Renewable electricity production credit* — In the case of the credit described in subsection (b)(2), any election under subsection (a) shall—
(i) apply separately with respect to each qualified facility,
(ii) be made for the taxable year in which such qualified facility is originally placed in service, and
(iii) shall apply to such taxable year and to any subsequent taxable year which is within the period described in subsection (a)(2)(A)(ii) of section 45 with respect to such qualified facility.
(C) *Credit for carbon oxide sequestration*
(i) *In general* — In the case of the credit described in subsection (b)(3), any election under subsection (a) shall—
(I) apply separately with respect to the carbon capture equipment originally placed in service by the applicable entity during a taxable year, and
(II)
(aa) in the case of a taxpayer who makes an election described in paragraph (1)(C), apply to the taxable year in which such equipment is placed in service and the 4 subsequent taxable years with respect to such equipment which end before January 1, 2033, and
(bb) in any other case, apply to such taxable year and to any subsequent taxable year which is within the period described in section 45Q(a)(3)(A) with respect to such equipment.
(ii) *Prohibition on transfer* — For any taxable year described in clause (i)(II)(aa) with respect to carbon capture equipment, no election may be made by the taxpayer under section 6418(a) for such taxable year with respect to such equipment for purposes of the credit described in subsection (b)(3).
(iii) *Revocation of election* — In the case of a taxpayer who makes an election described in paragraph (1)(C) with respect to carbon capture equipment, such taxpayer may, at any time during the period described in clause (i)(II)(aa), revoke the application of such election with respect to such equipment for any subsequent taxable years during such period. Any such election, if made, shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in clause (i)(II)(aa). Any election under this subclause may not be subsequently revoked.
(D) *Credit for production of clean hydrogen*
(i) *In general* — In the case of the credit described in subsection (b)(5), any election under subsection (a) shall—
(I) apply separately with respect to each qualified clean hydrogen production facility,
(II) be made for the taxable year in which such facility is placed in service (or within the 1-year period subsequent to the date of enactment of this section in the case of facilities placed in service before December 31, 2022), and
(III)
(aa) in the case of a taxpayer who makes an election described in paragraph (1)(B), apply to such taxable year and the 4 subsequent taxable years with respect to such facility which end before January 1, 2033, and
(bb) in any other case, apply to such taxable year and all subsequent taxable years with respect to such facility.
(ii) *Prohibition on transfer* — For any taxable year described in clause (i)(III)(aa) with respect to a qualified clean hydrogen production facility, no election may be made by the taxpayer under section 6418(a) for such taxable year with respect to such facility for purposes of the credit described in subsection (b)(5).
(iii) *Revocation of election* — In the case of a taxpayer who makes an election described in paragraph (1)(B) with respect to a qualified clean hydrogen production facility, such taxpayer may, at any time during the period described in clause (i)(III)(aa), revoke the application of such election with respect to such facility for any subsequent taxable years during such period. Any such election, if made, shall apply to the applicable year specified in such election and each subsequent taxable year within the period described in clause (i)(II)(aa). Any election under this subclause may not be subsequently revoked.
(E) *Clean electricity production credit* — In the case of the credit described in subsection (b)(8), any election under subsection (a) shall—
(i) apply separately with respect to each qualified facility,
(ii) be made for the taxable year in which such facility is placed in service, and
(iii) shall apply to such taxable year and to any subsequent taxable year which is within the period described in subsection (b)(1)(B) of section 45Y with respect to such facility.
(4) **Timing** — The payment described in subsection (a) shall be treated as made on—
(A) in the case of any government, or political subdivision, described in paragraph (1) and for which no return is required under section 6011 or 6033(a), the later of the date that a return would be due under section 6033(a) if such government or subdivision were described in that section or the date on which such government or subdivision submits a claim for credit or refund (at such time and in such manner as the Secretary shall provide), and
(B) in any other case, the later of the due date (determined without regard to extensions) of the return of tax for the taxable year or the date on which such return is filed.
(5) **Additional information** — As a condition of, and prior to, any amount being treated as a payment which is made by an applicable entity under subsection (a), the Secretary may require such information or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, improper payments, or excessive payments under this section.
(6) **Excessive payment**
(A) *In general* — In the case of any amount treated as a payment which is made by the applicable entity under subsection (a), or the amount of the payment made pursuant to subsection (c), which the Secretary determines constitutes an excessive payment, the tax imposed on such entity by chapter 1 (regardless of whether such entity would otherwise be subject to tax under such chapter) for the taxable year in which such determination is made shall be increased by an amount equal to the sum of—
(i) the amount of such excessive payment, plus
(ii) an amount equal to 20 percent of such excessive payment.
(B) *Reasonable cause* — Subparagraph (A)(ii) shall not apply if the applicable entity demonstrates to the satisfaction of the Secretary that the excessive payment resulted from reasonable cause.
(C) *Excessive payment defined* — For purposes of this paragraph, the term “excessive payment” means, with respect to a facility or property for which an election is made under this section for any taxable year, an amount equal to the excess of—
(i) the amount treated as a payment which is made by the applicable entity under subsection (a), or the amount of the payment made pursuant to subsection (c), with respect to such facility or property for such taxable year, over
(ii) the amount of the credit which, without application of this section, would be otherwise allowable (as determined pursuant to paragraph (2) and without regard to section 38(c)) under this title with respect to such facility or property for such taxable year.
(D) *Disallowance of an applicable energy credit* — In the case of an applicable entity which made an election under subsection (a) with respect to an applicable credit for which there is a disallowance described in section 6662(m)(2), subparagraph (A) shall apply with respect to any excessive payment resulting from such disallowance.
**(e) Denial of double benefit** In the case of an applicable entity making an election under this section with respect to an applicable credit, such credit shall be reduced to zero and shall, for any other purposes under this title, be deemed to have been allowed to such entity for such taxable year.
**(f) Mirror code possessions** In the case of any possession of the United States with a mirror code tax system (as defined in section 24(k)), this section shall not be treated as part of the income tax laws of the United States for purposes of determining the income tax law of such possession unless such possession elects to have this section be so treated.
**(g) Basis reduction and recapture** Except as otherwise provided in subsection (c)(2)(A), rules similar to the rules of section 50 shall apply for purposes of this section.
**(h) Regulations** The Secretary shall issue such regulations or other guidance as may be necessary to carry out the purposes of this section, including guidance to ensure that the amount of the payment or deemed payment made under this section is commensurate with the amount of the credit that would be otherwise allowable (determined without regard to section 38(c)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Necessary amounts are appropriated to the Secretary of the Treasury for refunding internal revenue collections as provided by law, including payment of—
(1) claims for prior fiscal years; and
(2) accounts arising under—
(A) “Allowance or drawback (Internal Revenue)”;
(B) “Redemption of stamps (Internal Revenue)”;
(C) “Refunding legacy taxes, Act of March 30, 1928”;
(D) “Repayment of taxes on distilled spirits destroyed by casualty”; and
(E) “Refunds and payments of processing and related taxes”.
**(b)** Disbursements may be made from the appropriation made by this section only for—
(1) refunds to the limit of liability of an individual tax account; and
(2) refunds due from credit provisions of the Internal Revenue Code of 1986 ([26 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim) et seq.) enacted before January 1, 1978, or enacted by the Taxpayer Relief Act of 1997, or from section 21, 24, 25A, 35, 36, 36A,11 See References in Text note below. 36B, 168(k)(4)(F), 53(e),1 54B(h),1 3131, 3132, 3134, 6428, 6428A, 6428B, 6431,1 or 7527A of such Code, or due under section 3081(b)(2) of the Housing Assistance Tax Act of 2008.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In the case of an eligible taxpayer which elects to transfer all (or any portion specified in the election) of an eligible credit determined with respect to such taxpayer for any taxable year to a taxpayer (referred to in this section as the “transferee taxpayer”) which is not related (within the meaning of section 267(b) or 707(b)(1)) to the eligible taxpayer, the transferee taxpayer specified in such election (and not the eligible taxpayer) shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof).
**(b) Treatment of payments made in connection with transfer** With respect to any amount paid by a transferee taxpayer to an eligible taxpayer as consideration for a transfer described in subsection (a), such consideration—
(1) shall be required to be paid in cash,
(2) shall not be includible in gross income of the eligible taxpayer, and
(3) with respect to the transferee taxpayer, shall not be deductible under this title.
**(c) Application to partnerships and S corporations**
(1) **In general** — In the case of any eligible credit determined with respect to any facility or property held directly by a partnership or S corporation, if such partnership or S corporation makes an election under subsection (a) (in such manner as the Secretary may provide) with respect to such credit—
(A) any amount received as consideration for a transfer described in such subsection shall be treated as tax exempt income for purposes of sections 705 and 1366, and
(B) a partner’s distributive share of such tax exempt income shall be based on such partner’s distributive share of the otherwise eligible credit for each taxable year.
(2) **Coordination with application at partner or shareholder level** — In the c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of section 38, the renewable electricity production credit for any taxable year is an amount equal to the product of—
(1) 0.3 cents, multiplied by
(2) the kilowatt hours of electricity—
(A) produced by the taxpayer—
(i) from qualified energy resources, and
(ii) at a qualified facility during the 10-year period beginning on the date the facility was originally placed in service, and
(B) sold by the taxpayer to an unrelated person during the taxable year.
**(b) Limitations and adjustments**
(1) **Phaseout of credit** — The amount of the credit determined under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as—
(A) the amount by which the reference price for the calendar year in which the sale occurs exceeds 8 cents, bears to
(B) 3 cents.
(2) **Credit and phaseout adjustment based on inflation** — The 0.3 cent amount in subsection (a), the 8 cent amount in paragraph (1), the $4.375 amount in subsection (e)(8)(A), the $2 amount in subsection (e)(8)(D)(ii)(I), and in subsection (e)(8)(B)(i) the reference price of fuel used as a feedstock (within the meaning of subsection (c)(7)(A)) in 2002 shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. If the 0.3 cent amount as increased under the preceding sentence is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. In any other case, if an amount as increased under this paragraph is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.
(3) **Credit reduced for tax-exempt bonds** — The amount of the credit determ
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **1-year carryback and 20-year carryforward** — If the sum of the business credit carryforwards to the taxable year plus the amount of the current year business credit for the taxable year exceeds the amount of the limitation imposed by subsection (c) of section 38 for such taxable year (hereinafter in this section referred to as the “unused credit year”), such excess (to the extent attributable to the amount of the current year business credit) shall be—
(A) a business credit carryback to the taxable year preceding the unused credit year, and
(B) a business credit carryforward to each of the 20 taxable years following the unused credit year,
and, subject to the limitations imposed by subsections (b) and (c), shall be taken into account under the provisions of section 38(a) in the manner provided in section 38(a).
(2) **Amount carried to each year**
(A) *Entire amount carried to first year* — The entire amount of the unused credit for an unused credit year shall be carried to the earliest of the 21 taxable years to which (by reason of paragraph (1)) such credit may be carried.
(B) *Amount carried to other 20 years* — The amount of the unused credit for the unused credit year shall be carried to each of the other 20 taxable years to the extent that such unused credit may not be taken into account under section 38(a) for a prior taxable year because of the limitations of subsections (b) and (c).
(3) **5-year carryback for marginal oil and gas well production credit** — Notwithstanding subsection (d), in the case of the marginal oil and gas well production credit—
(A) this section shall be applied separately from the business credit (other than the marginal oil and gas well production credit),
(B) paragraph (1) shall be applied
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For purposes of section 38, the carbon oxide sequestration credit for any taxable year is an amount equal to the sum of—
(1) $20 per metric ton of qualified carbon oxide which is—
(A) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Bipartisan Budget Act of 2018, and
(B) disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in paragraph (2)(B),
(2) $10 per metric ton of qualified carbon oxide which is—
(A) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Bipartisan Budget Act of 2018, and
(B)
(i) used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or
(ii) utilized by the taxpayer in a manner described in subsection (f)(5), and
(3) the applicable dollar amount (as determined under subsection (b)(1)) per metric ton of qualified carbon oxide which is—
(A) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Bipartisan Budget Act of 2018, during the 12-year period beginning on the date the equipment was originally placed in service, and
(B)
(i) disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in clause (ii) or (iii),
(ii) used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recapture in case of dispositions, etc.** Under regulations prescribed by the Secretary—
(1) **Early disposition, etc.**
(A) *General rule* — If, during any taxable year, investment credit property is disposed of, or otherwise ceases to be investment credit property with respect to the taxpayer, before the close of the recapture period, then the tax under this chapter for such taxable year shall be increased by the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this subpart with respect to such property.
(B) *Recapture percentage* — For purposes of subparagraph (A), the recapture percentage shall be determined in accordance with the following table: If the property ceases to be investment credit property within—The recapturepercentage is: (i) One full year after placed in service100 (ii) One full year after the close of the period described in clause (i)80 (iii) One full year after the close of the period described in clause (ii)60 (iv) One full year after the close of the period described in clause (iii)40 (v) One full year after the close of the period described in clause (iv)20
(2) **Property ceases to qualify for progress expenditures**
(A) *In general* — If during any taxable year any building to which section 47(d) applied ceases (by reason of sale or other disposition, cancellation or abandonment of contract, or otherwise) to be, with respect to the taxpayer, property which, when placed in service, will be a qualified rehabilitated building, then the tax under this chapter for such taxable year shall be increased by an amount equal to the aggregate decrease in the credits allowed under section 38 f
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Federal law — U.S. Code and appendices · legal_authorities
Page 3631
TITLE 26—INTERNAL REVENUE CODE
§ 6417
Amendment by Pub. L. 86–418 applicable only with re-
spect to bicycle tires and tubes sold by the manufac-
turer, producer, or importer thereof on or after first
day of first month which begins more than 10 days after
Apr. 8, 1960, see section 4 of Pub. L. 86–418, set out as
a note under section 4221 of this title.
EFFECTIVE DATE OF 1958 AMENDMENTS
Pub. L. 85–859, title I, § 163(b), Sept. 2, 1958, 72 Stat.
1311, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095, provided that: ‘‘Section 6416(b) of the Inter-
nal Revenue Code of 1986 [formerly I.R.C. 1954], as
amended by this Act, shall apply only with respect to
articles exported, sold, or resold, as the case may be, on
or after the effective date specified in section 1(c) of
this Act [set out as a note under section 6415 of this
title].’’
For effective date of amendment by Pub. L. 85–475,
see section 4(c) of Pub. L. 85–475, set out as a note under
section 6415 of this title.
EFFECTIVE DATE OF 1956 AMENDMENTS
Amendment by act June 29, 1956, effective June 29,
1956, see section 211 of act June 29, 1956, set out as a
note under section 4041 of this title.
Act Apr. 2, 1956, ch. 160, § 2(b)(2), 70 Stat. 90, provided
that: ‘‘The amendment made by paragraph (1) [amend-
ing this section] shall apply with respect to liquid sold
after December 31, 1955.’’
EFFECTIVE DATE OF 1955 AMENDMENTS
Act Aug. 11, 1955, ch. 805, § 3, 69 Stat. 690, as amended
by Oct. 22, 1986, Pub. L. 99–514, § 2, 100 Stat. 2095, pro-
vided that: ‘‘The amendments made by the first section
and section 2 of this Act [amending this section and
sections 4091 and 4092 of this title] shall take effect on
the first day of the first month which begins more than
ten days after th
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 6417
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, the term—
**(a)** “Secretary” means the Secretary of the Interior;
**(b)** “Native” means a citizen of the United States who is a person of one-fourth degree or more Alaska Indian (including Tsimshian Indians not enrolled in the Metlaktla 11 So in original. Probably should be “Metlakatla”. Indian Community) Eskimo, or Aleut blood, or combination thereof. The term includes any Native as so defined either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any village or group. Any decision of the Secretary regarding eligibility for enrollment shall be final;
**(c)** “Native village” means any tribe, band, clan, group, village, community, or association in Alaska listed in sections 1610 and 1615 of this title, or which meets the requirements of this chapter, and which the Secretary determines was, on the 1970 census enumeration date (as shown by the census or other evidence satisfactory to the Secretary, who shall make findings of fact in each instance), composed of twenty-five or more Natives;
**(d)** “Native group” means any tribe, band, clan, village, community, or village association of Natives in Alaska composed of less than twenty-five Natives, who comprise a majority of the residents of the locality;
**(e)** “Public lands” means all Federal lands and interests therein located in Alaska except: (1) the smallest practicable tract, as determined by the Secretary, enclosing land actually used in connection with the administration of any Federal instal
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1602
Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 1602. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 436
TITLE 43—PUBLIC LANDS
§ 1602
settlement of all aboriginal land and hunting and
fishing claims by Natives and Native groups of Alas-
ka with maximum participation by Natives in deci-
sions affecting their rights and property;
‘‘(2) the settlement enabled Natives to participate
in the subsequent expansion of Alaska’s economy, en-
couraged efforts to address serious health and welfare
problems in Native villages, and sparked a resurgence
of interest in the cultural heritage of the Native peo-
ples of Alaska;
‘‘(3) despite these achievements and Congress’s de-
sire that the settlement be accomplished rapidly
without litigation and in conformity with the real
economic and social needs of Natives, the complexity
of the land conveyance process and frequent and cost-
ly litigation have delayed implementation of the set-
tlement and diminished its value;
‘‘(4) Natives have differing opinions as to whether
the Native Corporation, as originally structured by
the Alaska Native Claims Settlement Act, is well
adapted to the reality of life in Native villages and to
the continuation of traditional Native cultural val-
ues;
‘‘(5) to ensure the continued success of the settle-
ment and to guarantee Natives continued participa-
tion in decisions affecting their rights and property,
the Alaska Native Claims Settlement Act must be
amended to enable the shareholders of each Native
Corporation to structure the further implementation
of the settlement in light of their particular cir-
cumstances and needs;
‘‘(6) among other things, the shareholders of each
Native Corporation must be permitted to decide—
‘‘(A) when restrictions on alienation of stock
issued as part of the settlement should be termi-
nated, and
‘‘(B) whether Natives born after December 18,
1971,
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1602
Stored review status: historical_2024_not_currentness_verified. The source passage cites 43 U.S.C. § 1602. This identifies an authority to review, not proof of applicability.