26 U.S.C. § 44H — Untitled legal text

Page 246 TITLE 26—INTERNAL REVENUE CODE [§ 44A the concurrence of the Architectural and Transportation Barriers Compliance Board and set forth in regulations prescribed by the Secretary. (d) Definition of disability; special rules For purposes of this section— (1) Disability The term ‘‘disability’’ has the same meaning as when used in the Americans With Disabil- ities Act of 1990 (as in effect on the date of the enactment of this section). (2) Controlled groups (A) In general All members of the same controlled group of corporations (within the meaning of sec- tion 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person for purposes of this section. (B) Dollar limitation The Secretary shall apportion the dollar limitation under subsection (a) among the members of any group described in subpara- graph (A) in such manner as the Secretary shall by regulations prescribe. (3) Partnerships and S corporations In the case of a partnership, the limitation under subsection (a) shall apply with respect to the partnership and each partner. A similar rule shall apply in the case of an S corporation and its shareholders. (4) Short years The Secretary shall prescribe such adjust- ments as may be appropriate for purposes of paragraph (1) of subsection (b) if the preceding taxable year is a taxable year of less than 12 months. (5) Gross receipts Gross receipts for any taxable year shall be reduced by returns and allowances made dur- ing such year. (6) Treatment of predecessors The reference to any person in paragraph (1) of subsection (b) shall be treated as including a reference to any predecessor. (7) Denial of double benefit In the case of the amount of the credit de- termined under this section— (A) no deduction or credit shall be allowed for such amount under any other provision of this chapter, and (B) no increase in the adjusted basis of any property shall result from such amount. (e) Regulations The Secretary shall prescribe regulations nec- essary to carry out the purposes of this section. (Added Pub. L. 101–508, title XI, § 11611(a), Nov. 5, 1990, 104 Stat. 1388–501.) Editorial Notes REFERENCES IN TEXT The Americans With Disabilities Act of 1990, referred to in subsecs. (c)(1) and (d)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 12101 of Title 42 and Tables. The date of the enactment of this section, referred to in subsecs. (c)(1), (4) and (d)(1), is the date of enactment of Pub. L. 101–508, which was approved Nov. 5, 1990. PRIOR PROVISIONS A prior section 44, added Pub. L. 94–12, title II, § 208(a), Mar. 29, 1975, 89 Stat. 32; amended Pub. L. 94–45, title IV, § 401(a), June 30, 1975, 89 Stat. 243; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to purchase of new principal residence, prior to repeal by Pub. L. 98–369, div. A, title IV, § 474(m)(1), July 18, 1984, 98 Stat. 833, applicable to tax- able years beginning after Dec. 31, 1983, and to carrybacks from such years. Another prior section 44 was renumbered section 37 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to expenditures paid or incurred after Nov. 5, 1990, see section 11611(e)(1) of Pub. L. 101–508, set out as an Effective Date of 1990 Amendment note under section 38 of this title. [§ 44A. Renumbered § 21] [§ 44B. Repealed. Pub. L. 98–369, div. A, title IV, § 474(m)(1), July 18, 1984, 98 Stat. 833] Section, added Pub. L. 95–30, title II, § 202(a), May 23, 1977, 91 Stat. 141; amended Pub. L. 95–600, title III, § 321(b)(1), Nov. 6, 1978, 92 Stat. 2834; Pub. L. 96–222, title I, § 103(a)(6)(G)(i), (ii), Apr. 1, 1980, 94 Stat. 210, related to credit for employment of certain new employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98–369, set out as an Effective Date of 1984 Amendment note under section 21 of this title. [§ 44C. Renumbered § 23] [§ 44D. Renumbered § 29] [§ 44E. Renumbered § 40] [§ 44F. Renumbered § 30] [§ 44G. Renumbered § 41] [§ 44H. Renumbered § 45C] § 45. Electricity produced from certain renewable resources, etc. (a) General rule For purposes of section 38, the renewable elec- tricity 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 fa- cility was originally placed in service, and (B) sold by the taxpayer to an unrelated person during the taxable year.