I.R.C. § 179E(a) Treatment As Expenses —
A taxpayer may elect to treat 50 percent of the cost of any qualified advanced mine
safety equipment property as an expense which is not chargeable to capital account.
Any cost so treated shall be allowed as a deduction for the taxable year in which
the qualified advanced mine safety equipment property is placed in service.
I.R.C. § 179E(b) Election
I.R.C. § 179E(b)(1) In General —
An election under this section for any taxable year shall be made on the taxpayer's
return of the tax imposed by this chapter for the taxable year. Such election shall
specify the advanced mine safety equipment property to which the election applies
and shall be made in such manner as the Secretary may by regulations prescribe.
I.R.C. § 179E(b)(2) Election Irrevocable —
Any election made under this section may not be revoked except with the consent
of the Secretary.
I.R.C. § 179E(c) Qualified Advanced Mine Safety Equipment Property —
For purposes of this section, the term “qualified advanced mine safety equipment
property” means any advanced mine safety equipment property for use in any underground
mine located in the United States—
I.R.C. § 179E(c)(1) —
the original use of which commences with the taxpayer, and
I.R.C. § 179E(c)(2) —
which is placed in service by the taxpayer after the date of the enactment of this
section.
I.R.C. § 179E(d) Advanced Mine Safety Equipment Property —
For purposes of this section, the term “advanced mine safety equipment property”
means any of the following:
I.R.C. § 179E(d)(1) —
Emergency communication technology or device which is used to allow a miner to maintain
constant communication with an individual who is not in the mine.
I.R.C. § 179E(d)(2) —
Electronic identification and location device which allows an individual who is not
in the mine to track at all times the movements and location of miners working in
or at the mine.
I.R.C. § 179E(d)(3) —
Emergency oxygen-generating, self-rescue device which provides oxygen for at least
90 minutes.
I.R.C. § 179E(d)(4) —
Pre-positioned supplies of oxygen which (in combination with self-rescue devices)
can be used to provide each miner on a shift, in the event of an accident or other
event which traps the miner in the mine or otherwise necessitates the use of such
a self-rescue device, the ability to survive for at least 48 hours.
I.R.C. § 179E(d)(5) —
Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide,
methane, and oxygen that are present in all areas of the mine and which can detect
smoke in the case of a fire in a mine.
I.R.C. § 179E(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 election
under section 179.
I.R.C. § 179E(f) Reporting —
No deduction shall be allowed under subsection (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.
I.R.C. § 179E(g) Termination —
This section shall not apply to property placed in service after December 31, 2017.
(Added by Pub. L. 109-432, div. A, title IV, Sec. 404(a), Dec. 20, 2006, 120 Stat. 2922; as amended by Pub. L. 110-343, div. C, title III, Sec. 311, Oct. 3, 2008, 122 Stat. 3765; Pub. L. 111-312, Sec. 743, Dec. 17, 2010, 124 Stat. 3296; Pub. L. 112-240, title III, Sec. 316, Jan. 2, 2013, 126 Stat. 2313; Pub. L. 113-295, Div. A, title I, Sec. 128(a), Dec. 19, 2014, 128 Stat. 4010; Pub. L. 114-113, Div. Q, title I, Sec. 168(a); Pub. L. 115-123, Div. D, title I, Sec. 40307(a), Feb. 9, 2018, 132 Stat. 64.)
BACKGROUND NOTED
AMENDMENTS
2018 - Subsec. (g). Pub. L. 115-123, Sec. 40307(a), amended Subsec. (g) by substituting “December 31, 2017” for “December
31, 2016”.
2015 - Subsec. (g). Pub. L. 114-113, Div. Q, Sec. 168(a), amended subsec. (g) by substituting “December 31, 2016” for
“December 31, 2014”.
2014 - Subsec. (g). Pub. L. 113-295, Sec. 128(a), amended subsec. (g) by substituting “December 31, 2014”
for “December 31, 2013”.
2013 - Subsec. (g). Pub. L. 112-240, Sec. 316(a), amended subsec. (g) by substituting “December 31, 2013”
for “December 31, 2011”.
2010 - Subsec. (g). Pub. L. 111-312, Sec. 743(a), amended subsec. (g) by substituting “December 31, 2011”
for “December 31, 2009”.
2008 - Subsec. (g). Pub. L. 110-343, Div. C, Sec. 311, amended subsec. (g)
by substituting “December 31, 2009” for “December 31, 2008”.
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendment by Pub. L. 115-123, Sec. 40307(a), effective for property placed in service after December 31, 2016.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114-113, Div Q, Sec. 168(a), effective for property placed in service after December 31,
2014.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Sec. 128(a) of Pub. L. 113-295 effective for property placed in service after December 31, 2013.
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Sec. 316 of Pub. L. 112-240 effective for property placed in service after December 31, 2011.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Sec. 743 of Pub. L. 111-312 effective for property placed in service after December 31, 2009.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Div. C, Sec. 311 of Pub. L. 110-343 effective on the date of the enactment of this Act [Enacted: Oct. 3, 2008].
EFFECTIVE DATE
Effective for costs paid or incurred after the date of the enactment of this Act [Enacted:
Dec. 20, 2006].
