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Sec. 45C. Clinical Testing Expenses For Certain Drugs For Rare Diseases Or Conditions

I.R.C. § 45C(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.
I.R.C. § 45C(b) Qualified Clinical Testing Expenses
For purposes of this section—
I.R.C. § 45C(b)(1) Qualified Clinical Testing Expenses
I.R.C. § 45C(b)(1)(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).
I.R.C. § 45C(b)(1)(B) Modifications
For purposes of subparagraph (A), subsection (b) of section 41 shall be applied—
I.R.C. § 45C(b)(1)(B)(i)
by substituting “clinical testing” for “qualified research” each place it appears in paragraphs (2) and (3) of such subsection, and
I.R.C. § 45C(b)(1)(B)(ii)
by substituting “100 percent” for “65 percent” in paragraph (3)(A) of such subsection.
I.R.C. § 45C(b)(1)(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).
I.R.C. § 45C(b)(2) Clinical Testing
I.R.C. § 45C(b)(2)(A) In General
The term “clinical testing” means any human clinical testing—
I.R.C. § 45C(b)(2)(A)(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),
I.R.C. § 45C(b)(2)(A)(ii)
which occurs—
I.R.C. § 45C(b)(2)(A)(ii)(I)
after the date such drug is designated under section 526 of such Act, and
I.R.C. § 45C(b)(2)(A)(ii)(II)
before the date on which an application with respect to such drug is approved under section 505(b) of such Act or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Service Act, and
I.R.C. § 45C(b)(2)(A)(iii)
which is conducted by or on behalf of the taxpayer to whom the designation under such section 526 applies.
I.R.C. § 45C(b)(2)(B) Testing Must Be Related To Use For Rare Disease Or Condition
Human clinical testing shall be taken into account under subparagraph (A) only to the extent such testing is related to the use of a drug for the rare disease or condition for which it was designated under section 526 of the Federal Food, Drug, and Cosmetic Act.
I.R.C. § 45C(c) Coordination With Credit For Increasing Research Expenditures
I.R.C. § 45C(c)(1) In General
Except as provided in paragraph (2), any qualified clinical testing expenses for a taxable year to which an election under this section applies shall not be taken into account for purposes of determining the credit allowable under section 41 for such taxable year.
I.R.C. § 45C(c)(2) Expenses Included In Determining Base Period Research Expenses
Any qualified clinical testing expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years.
I.R.C. § 45C(d) Definition And Special Rules
I.R.C. § 45C(d)(1) Rare Disease Or Condition
For purposes of this section, the term “rare disease or condition” means any disease or condition which—
I.R.C. § 45C(d)(1)(A)
affects less than 200,000 persons in the United States, or
I.R.C. § 45C(d)(1)(B)
affects more than 200,000 persons in the United States but for which there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug.
Determinations under the preceding sentence with respect to any drug shall be made on the basis of the facts and circumstances as of the date such drug is designated under section 526 of the Federal Food, Drug, and Cosmetic Act.
I.R.C. § 45C(d)(2) Special Limitations On Foreign Testing
No credit shall be allowed under this section with respect to any clinical testing conducted outside the United States unless—
I.R.C. § 45C(d)(2)(A)
such testing is conducted outside the United States because there is an insufficient testing population in the United States, and
I.R.C. § 45C(d)(2)(B)
such testing is conducted by a United States person or by any other person who is not related to the taxpayer to whom the designation under section 526 of the Federal Food, Drug, and Cosmetic Act applies.
I.R.C. § 45C(d)(3) Certain Rules Made Applicable
Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section.
I.R.C. § 45C(d)(4) Election
This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year.
I.R.C. § 45C(e)
[Repealed by Pub. L. 105-34, sec. 604(a), effective for amounts paid or incurred after May 31, 1997.]
(Added by Pub. L. 97-414, Sec. 4(a), Jan. 4, 1983, 96 Stat. 2053, Sec. 44H, and renumbered Sec. 28 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(g), title VI, Sec. 612(e)(1), July 18, 1984, 98 Stat. 826, 831, 912; Pub. L. 99-514, title II, Sec. 231(d)(3)(A), 232, title VII, Sec. 701(c)(2), title XII, Sec. 1275(c)(4), title XVIII, Sec. 1879(b)(1), (2), Oct. 22, 1986, 100 Stat. 2178, 2180, 2340, 2599, 2905; Pub. L. 100-647, title I, Sec. 1018(q)(1), title IV, Sec. 4008(c)(1), Nov. 10, 1988, 102 Stat. 3585, 3653; Pub. L. 101-239, title VII, Sec. 7110(a)(3), Dec. 19, 1989, 103 Stat. 2323; Pub. L. 101-508, title XI, Sec. 11402(b)(2), 11411, Nov. 5, 1990, 104 Stat. 1388-473, 1388-479, redesignated as 45C, Pub. L. 104-188, title I, 1205, Aug. 20, 1996, 110 Stat. 1755; Pub. L. 102-227, title I, Sec. 102(b), Dec. 11, 1991 105 Stat. 1686; Pub. L. 102-227, title I, Sec. 111(a), Dec. 11, 1991, 105 Stat 1688; Pub. L. 105-34, title VI, Sec. 601(b)(2), 604(a), Aug. 5, 1997, 111 Stat 788; Pub. L. 105-115, title I, sec. 125, Nov. 21, 1997, 111 Stat. 2326; Pub. L. 105-277, title I, Sec. 1001(b), Oct. 21, 1998, 112 Stat 2681; Pub. L. 106-170, title V, Sec. 502(a), Dec. 17, 1999, 113 Stat 1860; Pub. L. 108-311, title III, Sec. 301(a)(2), Oct. 4, 2004, 118 Stat. 1166; Pub. L. 109-432, div. A, title I, Sec. 104(a)(2), Dec. 20, 2006, 120 Stat. 2922; Pub. L. 110-343, Div. C, Sec. 301(a)(2), Oct. 3, 2008, 122 Stat. 3765; Pub. L. 111-312, Sec. 731(b), Dec. 17, 2010, 124 Stat. 3296; Pub. L. 112-240, title III, Sec. 301(a)(2), Jan. 2, 2013, 126 Stat. 2313; Pub. L. 113-295, Div. A, title 111(b), Dec. 19, 2014, 128 Stat. 4010; Pub. L. 114-113, Div. Q, title I, Sec. 121(a)(2); Pub. L. 115-97, title I, Sec. 13401(a), Dec. 22, 2017, 131 Stat. 2054; Pub. L. 115-141, Div. U, title IV, Sec. 401(a)(17) and 401(d)(1)(D)(iii)(I), (II), and (III), Mar. 23, 2018, 132 Stat. 348.)
BACKGROUND NOTES
AMENDMENTS
2018 — Subsec. (b)(2)(A)(ii)(II). Pub. L. 115-141, Sec. 401(a)(17), amended subclause (II) by substituting ‘‘, and’’ for ‘‘; and’’.
Subsec. (d)(2). Sec. 401(d)(1)(D)(iii)(I), amended par. (2) by striking subpar. (B); Sec. 401(d)(1)(D)(iii)(II), amended par. (2) by redesignating clauses (i) and (ii) of subpar. (A) as subpars. (A) and (B), respectively; Sec. 401(d)(1)(D)(iii)(III), amended par. (2) by substituting “(2) Special Limitations on Foreign Testing” for “(2) In General.—”.
Before being struck, subpar. (B) read as follows:
“(B) Special Limitation For Corporation To Which Section 936 Applies.—No credit shall be allowed under this section with respect to any clinical testing conducted by a corporation to which an election under section 936 applies.”
2017 - Subsec. (a). Pub. L. 115-97, Sec. 13401(a), amended par. (a) by substituting “25 percent” for “50 percent”.
2015 - Subsec. (b)(1)(D). Pub. L. 114-113, Div. Q, Sec. 121(a)(2), struck subpar. (D). Before being struck, it read as follows:
“(D) Special Rule.—If section 41 is not in effect for any period, such section shall be deemed to remain in effect for such period for purposes of this paragraph.”
2014 - Subsec. (b)(1)(D). Pub. L. 113-295, Div. A, Sec. 111(b), amended subsection (b)(1)(D) to read as above. Before amendment, subsection (D) read as follows:
“For purposes of this paragraph, section 41 shall be deemed to remain in effect for periods after June 30, 1995, and before July 1, 1996, and periods after December 31, 2013.”
2013 - Subsec. (b)(1)(D). Pub. L. 112-240, Sec. 301(a)(2), amended subpar. (D) by substituting “December 31, 2013” for “December 31, 2011”.
2010 - Subsec. (b)(1)(D). Pub. L. 111-312, Sec. 731(b), amended subpar. (D) by substituting “December 31, 2011” for “December 31, 2009”.
2008 - Subsec. (b)(1)(D). Pub. L. 110-343, Div. C, Sec. 301(a)(2), amended subpar. (D) by substituting “December 31, 2009” for “December 31, 2007”.
2006 - Subsec. (b)(1)(D). Pub. L. 109-432, Sec. 104(a)(2), amended subpar. (D) by substituting “2007” for “2005”.
2004 - Subsec. (b)(1)(D). Pub. L. 108-311, Sec. 301(a)(2), amended subpar. (D) by substituting “December 31, 2005” for “June 30, 2004”.
1999 - Subsec. (b)(1)(D). Pub. L. 106-170, Sec. 502(a)(2), amended subpar. (D) by substituting “June 30, 2004” for “June 30, 1999”.
1998 - Subsec. (b)(1)(D). Pub. L. 105-277, Sec. 1001(b), amended subpar. (D) by substituting “June 30, 1999” for “June 30, 1998”.
1997 - Subsec. (b)(2)(A)(ii)(II). Pub. L. 105-115, Sec. 125(b)(2)(O), struck “or 507” after “505(b)”.
Subsec. (b)(1). Pub. L. 105-34, Sec. 601(b)(2), substituted “June 30, 1998” for “May 31, 1997”.
Subsec. (e). Pub. L. 105-34, Sec. 604(a), struck subsec. (e). Prior to repeal it read as follows:
“(e) Termination.--
This section shall not apply to any amount paid or incurred--
(1) after December 31, 1994, and before July 1, 1996, or
(2) after May 31, 1997.”
1996 - Sec. 45C. Pub. L. 104-188, Sec. 1205(a)(1), redesignated Section 28 as Section 45C.
Subsec. (b)(1)(D). Pub. L. 104-188, Sec. 1204(e), amended subsection (b)(1)(D) to read as above. Before amendment, subsection (D) read as follows:
“(D) SPECIAL RULE.-For purposes of this paragraph, section 41 shall be deemed to remain in effect for periods after June 30, 1995.”
Subsec. (a). Pub. L. 104-188, Sec. 1205(d)(1), amended subsection (a) to read as above. Before amendment, subsection (a) read as follows: “There shall be allowed as a credit against the tax imposed by this chapter for the taxable year”.
Subsec. (d)(2). Pub. L. 104-188, Sec. 1205(d)(2) struck subsec. (d)(2); redesignated subsecs. (3), (4), and (5), respectively, as subsecs. (2), (3), and (4).
Subsec. (e). Pub. L. 104-188, Sec. 1205(b), amended subsec. (e) to read as above. Before amendment, subsec. (e) read as follows:
“(e) Termination--
This section shall not apply to any amount paid or incurred after December 31, 1994.”
1993 - Subsec. (b)(1)(D) (before redesignation as 45C). Pub. L. 103-66, Sec. 13111(a)(2), struck “June 30, 1992” and inserted “June 30, 1995”.
Subsec. (e) (before redesignation as 45C). Pub. L. 103-66, Sec. 13111(b) struck “June 30, 1992” and inserted “December 31, 1994”.
1991 - Subsec. (b)(1)(D). Pub. L. 102-227, Sec. 102(b), substituted “June 30, 1992" for December 31, 1991”.
Subsec. (e). Pub. L. 102-227, Sec. 28(e), substituted “June 30, 1992” for “December 31, 1991”.
1990 - Subsec. (b)(1)(D). Pub. L. 101-508, Sec. 11402(b)(2), substituted ‘December 31, 1991’ for ‘December 31, 1990’.
Subsec. (e). Pub. L. 101-508, Sec. 11411, substituted ‘December 31, 1991’ for ‘December 31, 1990’.
1989 - Subsec. (b)(1)(D). Pub. L. 101-239, Sec. 7110(a)(3), substituted ‘1990’ for ‘1989’.
1988 - Subsec. (b)(1)(D). Pub. L. 100-647, Sec. 4008(c)(1), substituted ‘1989’ for ‘1988’.
Subsec. (b)(2)(A)(ii)(II). Pub. L. 100-647, Sec. 1018(q)(1), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: ‘before the date on which an application with respect to such drug is approved under section 505(b) of such Act or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Services Act, and’.
1986 - Subsec. (b)(1). Pub. L. 99-514, Sec. 231(d)(3)(A)(i), (iv), substituted ‘41’ for ‘30’ in subpars. (A), (B), and (D), and substituted ‘1988’ for ‘1985’ in subpar. (D).
Subsec. (b)(2)(A)(ii)(I). Pub. L. 99-514, Sec. 1879(b)(1)(A), substituted ‘the date such drug’ for ‘the date of such drug’.
Subsec. (b)(2)(A)(ii)(II). Pub. L. 99-514, Sec. 1879(b)(1)(B), inserted ‘or, if the drug is a biological product, before the date on which a license for such drug is issued under section 351 of the Public Health Services Act’.
Subsec. (c). Pub. L. 99-514, Sec. 231(d)(3)(A)(i), (ii), substituted ‘41’ for ‘30’ in pars. (1) and (2) and ‘41(b)’ for ‘30(b)’ in par. (2).
Subsec. (d)(1). Pub. L. 99-514, Sec. 1879(b)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘For purposes of this section, the term ‘rare disease or condition’ means any disease or condition which occurs so infrequently in the United States that there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug. Determinations under the preceding sentence with respect to any drug shall be made on the basis of the facts and circumstances as of the date such drug is designated under section 526 of the Federal Food, Drug, and Cosmetic Act.'
Subsec. (d)(2). Pub. L. 99-514, Sec. 701(c)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘The credit allowed by this section for any taxable year shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 26(b)), reduced by the sum of the credits allowable under subpart A and section 27.'
Subsec. (d)(3)(B). Pub. L. 99-514, Sec. 1275(c)(4), struck out ‘934(b) or’ before ‘936’ in heading and amended text generally.
Prior to amendment, text read as follows: ‘No credit shall be allowed under this section with respect to any clinical testing conducted by a corporation to which section 934(b) applies or to which an election under section 936 applies.’
Subsec. (d)(4). Pub. L. 99-514, Sec. 231(d)(3)(A)(iii), substituted ‘section 41(f)’ for ‘section 30(f)’.
Subsec. (e). Pub. L. 99-514, Sec. 232, substituted ‘1990’ for ‘1987’.
1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44H of this title as this section.
Subsec. (b)(1)(A), (B), (D). Pub. L. 98-369, Sec. 474(g)(1)(A), substituted ‘section 30’ for ‘section 44F’.
Subsec. (c)(1). Pub. L. 98-369, Sec. 474(g)(1)(A), substituted ‘section 30’ for ‘section 44F’.
Subsec. (c)(2). Pub. L. 98-369, Sec. 474(g)(1)(A), (B), substituted ‘section 30’ for ‘section 44F’ and ‘section 30(b)’ for ‘section 44F(b)’.
Subsec. (d)(2). Pub. L. 98-369, Sec. 612(e)(1), substituted ‘section 26(b)’ for ‘section 25(b)’.
Pub. L. 98-369, Sec. 474(g)(2), amended par. (2) generally, substituting ‘shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 25(b), reduced by the sum of the credits allowable under subpart A and section 27' for ‘shall not exceed the amount of the tax imposed by this chapter for the taxable year reduced by the sum of the credits allowable under a section of this subpart having a lower number or letter designation than this section, other than the credits allowable by sections 31, 39, and 43. For purposes of the preceding sentence, the term ‘tax imposed by this chapter’ shall not include any tax treated as not imposed by this chapter under the last sentence of section 53(a)'.
Subsec. (d)(4). Pub. L. 98-369, Sec. 474(g)(1)(C), substituted ‘section 30(f)’ for ‘section 44F(f)’.
Pub. L. 97-414, Sec. 4(a), added code section 44H.
EFFECTIVE DATE OF 2018 AMENDMENTS
Amendments by Pub. L. 115-141, Div. U, Sec. 401(a)(17), (d)(1)(D)(iii)(I), (II), and (III), effective March 23, 2018.
Sec. 401(e) of Pub. L. 115-141, Div. U, provided the following Savings Provision:
“(e) General Savings Provision With Respect To Deadwood Provisions.—If—
“(1) any provision amended or repealed by the amendments made by subsection (b) or (d) applied to—
“(A) any transaction occurring before the date of the enactment of this Act,
“(B) any property acquired before such date of enactment, or
“(C) any item of income, loss, deduction, or credit taken into account before such date of enactment, and
“(2) the treatment of such transaction, property, or item under such provision would (without regard to the amendments or repeals made by such subsection) affect the liability for tax for periods ending after such date of enactment,
“nothing in the amendments or repeals made by this section shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment.”
EFFECTIVE DATE OF 2017 AMENDMENTS
Amendment by Pub. L. 115-97, Sec. 13401(a), effective for taxable years beginning after December 31, 2017.
EFFECTIVE DATE OF 2015 AMENDMENTS
Amendment by Pub. L. 114-113, Div. Q, Sec. 121(a)(2), effective for amounts paid or incurred after December 31, 2014.
EFFECTIVE DATE OF 2014 AMENDMENTS
Amendment by Pub. L. 113-295, Div. A, Sec. 111(b), effective for amounts paid or incurred after December 31, 2013.
EFFECTIVE DATE OF 2013 AMENDMENTS
Amendment by section 301(a)(2) of Pub. L. 112-240 effective for amounts paid or incurred after December 31, 2011.
EFFECTIVE DATE OF 2010 AMENDMENTS
Amendment by section 731(b) of Pub. L. 111-312 effective for amounts paid or incurred after December 31, 2009.
EFFECTIVE DATE OF 2008 AMENDMENTS
Amendment by section 301(a)(2) of Div. C of Pub. L. 110-343 effective for amounts paid or incurred after December 31, 2007.
EFFECTIVE DATE OF 2006 AMENDMENTS
Amendment by section 104(a)(2) of Pub. L. 109-432 effective for amounts paid or incurred after December 31, 2005.
EFFECTIVE DATE OF 2004 AMENDMENTS
Amendment by section 301(a)(2) of Pub. L. 108-311 effective for amounts paid or incurred after June 30, 2004.
EFFECTIVE DATE OF 1999 AMENDMENTS
Amendment by section 502(a)(2) of Pub. L. 106-170 effective for amounts paid or incurred after June 30, 1999. Sec. 502(d) of Pub. L. 106-170 provided that:
“(d) SPECIAL RULE.--
“(1) IN GENERAL.--For purposes of the Internal Revenue Code of 1986, the credit determined under section 41 of such Code which is otherwise allowable under such Code--
“(A) shall not be taken into account prior to October 1, 2000, to the extent such credit is attributable to the first suspension period, and
“(B) shall not be taken into account prior to October 1, 2001, to the extent such credit is attributable to the second suspension period.
“On or after the earliest date that an amount of credit may be taken into account, such amount may be taken into account through the filing of an amended return, an application for expedited refund, an adjustment of estimated taxes, or other means allowed by such Code.
“(2) SUSPENSION PERIODS.--For purposes of this subsection--
“(A) the first suspension period is the period beginning on July 1, 1999, and ending on September 30, 2000, and
“(B) the second suspension period is the period beginning on October 1, 2000, and ending on September 30, 2001.
“(3) EXPEDITED REFUNDS.--
“(A) IN GENERAL.--If there is an overpayment of tax with respect to a taxable year by reason of paragraph (1), the taxpayer may file an application for a tentative refund of such overpayment. Such application shall be in such manner and form, and contain such information, as the Secretary may prescribe.
“(B) DEADLINE FOR APPLICATIONS.--Subparagraph (A)
shall apply only to an application filed before the date which is 1 year after the close of the suspension period to which the application relates.
“(C) ALLOWANCE OF ADJUSTMENTS.--Not later than 90 days after the date on which an application is filed under this paragraph, the Secretary shall--
“(i) review the application,
“(ii) determine the amount of the overpayment, and
“(iii) apply, credit, or refund such overpayment, in a manner similar to the manner provided in section 6411(b) of such Code.
“(D) CONSOLIDATED RETURNS.--The provisions of section 6411(c) of such Code shall apply to an adjustment under this paragraph in such manner as the Secretary may provide.
“(4) CREDIT ATTRIBUTABLE TO SUSPENSION PERIOD.--
“(A) IN GENERAL.--For purposes of this subsection, in the case of a taxable year which includes a portion of the suspension period, the amount of credit determined under section 41 of such Code for such taxable year which is attributable to such period is the amount which bears the same ratio to the amount of credit determined under such section 41 for such taxable year as the number of months in the suspension period which are during such taxable year bears to the number of months in such taxable year.
“(B) WAIVER OF ESTIMATED TAX PENALTIES.--No addition to tax shall be made under section 6654 or 6655 of such Code for any period before July 1, 1999, with respect to any underpayment of tax imposed by such Code to the extent such underpayment was created or increased by reason of subparagraph (A).
“(5) SECRETARY.--For purposes of this subsection, the term “Secretary” means the Secretary of the Treasury (or such Secretary's delegate).”
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendment by section 1001(b) of Pub. L. 105-277 effective for amounts paid or incurred after June 30, 1998.
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendment by section 125(b)(2)(O) of Pub. L. 105-115 effective on Nov. 21, 1997.
Amendment by section 601(b)(2) of Pub. L. 105-34 effective for amounts paid or incurred after May 31, 1997.
Amendment by section 604(a) of Pub. L. 105-34 effective for amounts paid or incurred after May 31, 1997.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 1204(f) of Pub. L. 104-188 provided that: “Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after June 30, 1996." Subsection (f)(2), relating to subsecs. (c) and (d) also provides that: “The amendments made by subsections (c) and (d) shall apply to taxable years beginning after June 30, 1996.” In addition, subsection (f)(3), related to estimated tax, provided that: “The amendments made by this section shall not be taken into account under section 6654 or 6655 of the Internal Revenue Code of 1986 (relating to failure to pay estimated tax) in determining the amount of any installment required to be paid for a taxable year beginning in 1997.”
Amendment by section 1205(e) of Pub. L. 104-188 provided that, “The amendments made by this section shall apply to amounts paid or incurred in taxable years ending after June 30, 1996.”
EFFECTIVE DATE OF 1993 AMENDMENTS
Amendment by section 13111 of Pub. L. 103-66 shall apply to taxable years ending after June 30, 1992.
EFFECTIVE DATE OF 1990 AMENDMENTS
Section 11402(c) of Pub. L. 101-508 provided that: ‘The amendments made by this section (amending this section and section 41 of this title and repealing provisions set out as a note under section 41 of this title) shall apply to taxable years beginning after December 31, 1989.’
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by section 1018(q)(1) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.
Amendment by section 4008(c)(1) of Pub. L. 100-647 applicable to taxable years beginning after Dec. 31, 1988, see section 4008(d) of Pub. L. 100-647, set out as a note under section 41 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by section 231(d)(3)(A) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1985, see section 231(g) of Pub. L. 99-514, set out as a note under section 41 of this title.
Amendment by section 701(c)(2) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title.
Amendment by section 1275(c)(4) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 1277 of Pub. L. 99-514, set out as a note under section 931 of this title.
Section 1879(b)(3) of Pub. L. 99-514 provided that: ‘The amendments made by this subsection (amending this section) shall apply to amounts paid or incurred after December 31, 1982, in taxable years ending after such date.’
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by section 474(g) of Pub. L. 98-369 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 a note under section 21 of this title.
Amendment by section 612(e)(1) of Pub. L. 98-369, applicable to interest paid or accrued after December 31, 1984, on indebtedness incurred after December 31, 1984, see section 612(g) of Pub. L. 98-369, set out as an Effective Date note under section 25 of this title.
EFFECTIVE DATE
Section 4(d) of Pub. L. 97-414 provided that: ‘The amendments made by this section (enacting this section and amending sections 280C and 6096 of this title) shall apply to amounts paid or incurred after December 31, 1982, in taxable years ending after such date.’
APPLICABILITY OF CERTAIN AMENDMENTS BY PUBLIC LAW 99-514 IN RELATION TO TREATY OBLIGATIONS OF UNITED STATES
For applicability of amendment by section 701(c)(2) of Pub. L. 99-514 notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Pub. L. 100-647 be treated as if it had been included in the provision of Pub. L. 99-514 to which such amendment relates, see section 1012(aa)(2), (4) of Pub. L. 100-647, set out as a note under section 861 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title.