Editor's Note:
Pub. L. 115-141, Div. U, Sec. 401(d)(3)(A), struck Sec. 48D, generally effective Mar. 23, 2018.
I.R.C. § 48D(a) In General —
Editor's Note:
Pub. L. 115-141, Div. U, Sec. 401(d)(3)(A), struck Sec. 48D, generally effective Mar. 23, 2018.
For purposes of section 46, the qualifying therapeutic discovery project credit for any taxable year is an amount
equal to 50 percent of the qualified investment for such taxable year with respect
to any qualifying therapeutic discovery project of an eligible taxpayer.
I.R.C. § 48D(b) Qualified Investment —
Editor's Note:
Pub. L. 115-141, Div. U, Sec. 401(d)(3)(A), struck Sec. 48D, generally effective Mar. 23, 2018.
I.R.C. § 48D(b)(1) In General —
For purposes of subsection (a), the qualified investment for any taxable year is the aggregate amount of the costs
paid or incurred in such taxable year for expenses necessary for and directly related
to the conduct of a qualifying therapeutic discovery project.
I.R.C. § 48D(b)(2) Limitation —
The amount which is treated as qualified investment for all taxable years with respect
to any qualifying therapeutic discovery project shall not exceed the amount certified
by the Secretary as eligible for the credit under this section.
I.R.C. § 48D(b)(3) Exclusions —
The qualified investment for any taxable year with respect to any qualifying therapeutic
discovery project shall not take into account any cost—
I.R.C. § 48D(b)(3)(A) —
for remuneration for an employee described in section 162(m)(3),
I.R.C. § 48D(b)(3)(B) —
for interest expenses,
I.R.C. § 48D(b)(3)(C) —
for facility maintenance expenses,
I.R.C. § 48D(b)(3)(D) —
which is identified as a service cost under section 1.263A-1(e)(4) of title 26, Code of Federal Regulations, or
I.R.C. § 48D(b)(3)(E) —
for any other expense as determined by the Secretary as appropriate to carry out the
purposes of this section.
I.R.C. § 48D(b)(4) Certain Progress Expenditure Rules Made Applicable —
In the case of costs described in paragraph (1) that are paid for property of a character subject to an allowance for depreciation,
rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect
on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)
shall apply for purposes of this section.
I.R.C. § 48D(b)(5) Application of Subsection —
An investment shall be considered a qualified investment under this subsection only
if such investment is made in a taxable year beginning in 2009 or 2010.
I.R.C. § 48D(c) Definitions —
Editor's Note:
Pub. L. 115-141, Div. U, Sec. 401(d)(3)(A), struck Sec. 48D, generally effective Mar. 23, 2018.
I.R.C. § 48D(c)(1) Qualifying Therapeutic Discovery Project —
The term “qualifying therapeutic discovery project”
means a project which is designed—
I.R.C. § 48D(c)(1)(A) —
to treat or prevent diseases or conditions by conducting pre-clinical activities,
clinical trials, and clinical studies, or carrying out research protocols, for the
purpose of securing approval of a product under section 505(b) of the Federal Food,
Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act,
I.R.C. § 48D(c)(1)(B) —
to diagnose diseases or conditions or to determine molecular factors related to diseases
or conditions by developing molecular diagnostics to guide therapeutic decisions,
or
I.R.C. § 48D(c)(1)(C) —
to develop a product, process, or technology to further the delivery or administration
of therapeutics.
I.R.C. § 48D(c)(2) Eligible Taxpayer
I.R.C. § 48D(c)(2)(A) In General —
The term “eligible taxpayer” means a taxpayer which employs not more than 250 employees
in all businesses of the taxpayer at the time of the submission of the application
under subsection (d)(2).
I.R.C. § 48D(c)(2)(B) Aggregation Rules —
All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be so treated for purposes of this paragraph.
I.R.C. § 48D(c)(3) Facility Maintenance Expenses —
The term “facility maintenance expenses”
means costs paid or incurred to maintain a facility, including—
I.R.C. § 48D(c)(3)(A) —
mortgage or rent payments,
I.R.C. § 48D(c)(3)(B) —
insurance payments,
I.R.C. § 48D(c)(3)(C) —
utility and maintenance costs, and
I.R.C. § 48D(c)(3)(D) —
costs of employment of maintenance personnel.
I.R.C. § 48D(d) Qualifying Therapeutic Discovery Project Program —
Editor's Note:
Pub. L. 115-141, Div. U, Sec. 401(d)(3)(A), struck Sec. 48D, generally effective Mar. 23, 2018.
I.R.C. § 48D(d)(1) Establishment
I.R.C. § 48D(d)(1)(A) In General —
Not later than 60 days after the date of the enactment of this section, the Secretary,
in consultation with the Secretary of Health and Human Services, shall establish a
qualifying therapeutic discovery project program to consider and award certifications
for qualified investments eligible for credits under this section to qualifying therapeutic
discovery project sponsors.
I.R.C. § 48D(d)(1)(B) Limitation —
The total amount of credits that may be allocated under the program shall not exceed
$1,000,000,000 for the 2-year period beginning with 2009.
I.R.C. § 48D(d)(2) Certification
I.R.C. § 48D(d)(2)(A) Application Period —
Each applicant for certification under this paragraph shall submit an application
containing such information as the Secretary may require during the period beginning
on the date the Secretary establishes the program under paragraph (1).
I.R.C. § 48D(d)(2)(B) Time For Review Of Applications —
The Secretary shall take action to approve or deny any application under subparagraph
(A) within 30 days of the submission of such application.
I.R.C. § 48D(d)(2)(C) Multi-Year Applications —
An application for certification under subparagraph (A) may include a request for an allocation of credits for more than 1 of the years described
in paragraph (1)(B).
I.R.C. § 48D(d)(3) Selection Criteria —
In determining the qualifying therapeutic discovery projects with respect to which
qualified investments may be certified under this section, the Secretary—
I.R.C. § 48D(d)(3)(A) —
shall take into consideration only those projects that show reasonable potential—
I.R.C. § 48D(d)(3)(A)(i) —
to result in new therapies—
I.R.C. § 48D(d)(3)(A)(i)(I) —
to treat areas of unmet medical need, or
I.R.C. § 48D(d)(3)(A)(i)(II) —
to prevent, detect, or treat chronic or acute diseases and conditions,
I.R.C. § 48D(d)(3)(A)(ii) —
to reduce long-term health care costs in the United States, or
I.R.C. § 48D(d)(3)(A)(iii) —
to significantly advance the goal of curing cancer within the 30-year period beginning
on the date the Secretary establishes the program under paragraph (1), and
I.R.C. § 48D(d)(3)(B) —
shall take into consideration which projects have the greatest potential—
I.R.C. § 48D(d)(3)(B)(i) —
to create and sustain (directly or indirectly)
high quality, high-paying jobs in the United States, and
I.R.C. § 48D(d)(3)(B)(ii) —
to advance United States competitiveness in the fields of life, biological, and medical
sciences.
I.R.C. § 48D(d)(4) Disclosure Of Allocations —
The Secretary shall, upon making a certification under this subsection, publicly disclose
the identity of the applicant and the amount of the credit with respect to such applicant.
I.R.C. § 48D(e) Special Rules —
Editor's Note:
Pub. L. 115-141, Div. U, Sec. 401(d)(3)(A), struck Sec. 48D, generally effective Mar. 23, 2018.
I.R.C. § 48D(e)(1) Basis Adjustment —
For purposes of this subtitle, if a credit is allowed under this section for an expenditure
related to property of a character subject to an allowance for depreciation, the basis
of such property shall be reduced by the amount of such credit.
I.R.C. § 48D(e)(2) Denial Of Double Benefit
I.R.C. § 48D(e)(2)(A) Bonus Depreciation —
A credit shall not be allowed under this section for any investment for which bonus
depreciation is allowed under section 168(k), 1400L(b)(1), or 1400N(d)(1).
I.R.C. § 48D(e)(2)(B) Deductions —
No deduction under this subtitle shall be allowed for the portion of the expenses
otherwise allowable as a deduction taken into account in determining the credit under
this section for the taxable year which is equal to the amount of the credit determined
for such taxable year under subsection (a) attributable to such portion. This subparagraph shall not apply to expenses related
to property of a character subject to an allowance for depreciation the basis of which
is reduced under paragraph (1), or which are described in section 280C(g).
I.R.C. § 48D(e)(2)(C) Credit For Research Activities
I.R.C. § 48D(e)(2)(C)(i) In General —
Except as provided in clause (ii), any expenses taken into account under this section for a taxable year shall not
be taken into account for purposes of determining the credit allowable under section
41 or 45C for such taxable year.
I.R.C. § 48D(e)(2)(C)(ii) Expenses Included In Determining Base Period Research Expense —
Any 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. § 48D(f) Coordination With Department Of Treasury Grants —
Editor's Note:
Pub. L. 115-141, Div. U, Sec. 401(d)(3)(A), struck Sec. 48D, generally effective Mar. 23, 2018.
In the case of any investment with respect to which the Secretary makes a grant under
section 9023(e)
of the Patient Protection and Affordable Care Act of 2009—
I.R.C. § 48D(f)(1) Denial Of Credit —
No credit shall be determined under this section with respect to such investment for
the taxable year in which such grant is made or any subsequent taxable year.
I.R.C. § 48D(f)(2) Recapture Of Credits For Progress Expenditures Made Before Grant —
If a credit was determined under this section with respect to such investment for
any taxable year ending before such grant is made—
I.R.C. § 48D(f)(2)(A) —
the tax imposed under subtitle A on the taxpayer for the taxable year in which such
grant is made shall be increased by so much of such credit as was allowed under section
38,
I.R.C. § 48D(f)(2)(B) —
the general business carryforwards under section 39 shall be adjusted so as to recapture the portion of such credit which was not so
allowed, and
I.R.C. § 48D(f)(2)(C) —
the amount of such grant shall be determined without regard to any reduction in the
basis of any property of a character subject to an allowance for depreciation by reason
of such credit.
I.R.C. § 48D(f)(3) Treatment Of Grants —
Any such grant shall not be includible in the gross income of the taxpayer.
(Added by Pub. L. 111-148, Sec. 9023(a), Mar. 23, 2010, 124 Stat. 119; and struck by Pub. L. 115-141, Div. U, title IV, Sec. 401(d)(3)(A), (C), Mar. 23, 2018, 132 Stat. 348.)
BACKGROUND NOTES
AMENDMENT
2018 - Pub. L. 115-141, Div. U, title IV, Sec. 401(d)(3)(A), struck Sec. 48D.
EFFECTIVE DATE OF 2018 REPEAL
Repealed by Pub. L. 115-141, Div. U, title IV, Sec. 401(d)(3)(A), effective on the date of the enactment of this
Act [Enacted: Mar. 23, 2018].
Sec. 401(d)(3)(C) of Pub. L. 115-141, Div. U, provided the following Savings Provision:
“(C) SAVINGS PROVISION.—In the case of the repeal of section 48D(e)(1)
of the Internal Revenue Code of 1986, the amendments made
by this paragraph shall not apply to expenditures made in taxable years beginning
before January 1, 2011.”
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
Effective for amounts paid or incurred after December 31, 2008 in taxable years beginning
after such date.
GRANTS FOR QUALIFIED INVESTMENTS IN THERAPEUTIC DISCOVERY PROJECTS IN LIEU OF TAX
CREDITS
Section 9023(e) of Pub. L. 111-148 provided that:
“(e) GRANTS FOR QUALIFIED INVESTMENTS IN THERAPEUTIC DISCOVERY PROJECTS IN LIEU OF
TAX CREDITS.—
“(1) IN GENERAL.—Upon application, the Secretary of the Treasury shall, subject to
the requirements of this subsection, provide a grant to each person who makes a qualified
investment in a qualifying therapeutic discovery project in the amount of 50 percent
of such investment. No grant shall be made under this subsection with respect to any
investment unless such investment is made during a taxable year beginning in 2009
or 2010.
“(2) APPLICATION.—
“(A) IN GENERAL.—At the stated election of the applicant, an application for certification
under section 48D(d)(2) of the Internal Revenue Code of 1986 for a credit under such section for the taxable year of the applicant which
begins in 2009 shall be considered to be an application for a grant under paragraph
(1) for such taxable year.
“(B) TAXABLE YEARS BEGINNING IN 2010.—An application for a grant under paragraph (1)
for a taxable year beginning in 2010 shall be submitted— (i) not earlier than the
day after the last day of such taxable year, and (ii) not later than the due date
(including extensions) for filing the return of tax for such taxable year.
“(C) INFORMATION TO BE SUBMITTED.—An application for a grant under paragraph (1) shall
include such information and be in such form as the Secretary may require to state
the amount of the credit allowable (but for the receipt of a grant under this subsection)
under section 48D for the taxable year for the qualified investment with respect to
which such application is made.
“(3) TIME FOR PAYMENT OF GRANT.—
“(A) IN GENERAL.—The Secretary of the Treasury shall make payment of the amount of
any grant under paragraph
(1) during the 30-day period beginning on the later of—
“(i) the date of the application for such grant, or
“(ii) the date the qualified investment for which the grant is being made is made.
“(B) REGULATIONS.—In the case of investments of an ongoing nature, the Secretary shall
issue regulations to determine the date on which a qualified investment shall be deemed
to have been made for purposes of this paragraph.
“(4) QUALIFIED INVESTMENT.—For purposes of this subsection, the term ‘’qualified investment”
means a qualified investment that is certified under section 48D(d) of the Internal Revenue Code of 1986 for purposes of the credit under such section 48D.
“(5) APPLICATION OF CERTAIN RULES.—
“(A) IN GENERAL.—In making grants under this subsection, the Secretary of the Treasury
shall apply rules similar to the rules of section 50 of the Internal Revenue Code of 1986. In applying such rules, any increase in tax under chapter 1 of such Code
by reason of an investment ceasing to be a qualified investment shall be imposed on
the person to whom the grant was made.
“(B) SPECIAL RULES.—
“(i) RECAPTURE OF EXCESSIVE GRANT AMOUNTS.—
If the amount of a grant made under this subsection exceeds the amount allowable as
a grant under this subsection, such excess shall be recaptured under subparagraph
(A) as if the investment to which such excess portion of the grant relates had ceased
to be a qualified investment immediately after such grant was made.
“(ii) GRANT INFORMATION NOT TREATED AS RETURN INFORMATION.—In no event shall the amount
of a grant made under paragraph (1), the identity of the person to whom such grant
was made, or a description of the investment with respect to which such grant was
made be treated as return information for purposes of section 6103 of the Internal Revenue Code of 1986.
“(6) EXCEPTION FOR CERTAIN NON-TAXPAYERS.—The Secretary of the Treasury shall not
make any grant under this subsection to—
“(A) any Federal, State, or local government
(or any political subdivision, agency, or instrumentality thereof),
“(B) any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
“(C) any entity referred to in paragraph
(4) of section 54(j) of such Code, or
“(D) any partnership or other pass-thru entity any partner (or other holder of an
equity or profits interest) of which is described in subparagraph (A), (B) or (C).
In the case of a partnership or other pass-thru entity described in subparagraph
(D), partners and other holders of any equity or profits interest shall provide to
such partnership or entity such information as the Secretary of the Treasury may require
to carry out the purposes of this paragraph.
“(7) SECRETARY.—Any reference in this subsection to the Secretary of the Treasury
shall be treated as including the Secretary's delegate.
“(8) OTHER TERMS.—Any term used in this subsection which is also used in section 48D of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this subsection as when used in
such section.
“ (9) DENIAL OF DOUBLE BENEFIT.—No credit shall be allowed under section 46(6) of the Internal Revenue Code of 1986 by reason of section 48D of such Code for any investment for which a grant
is awarded under this subsection.
“(10) APPROPRIATIONS.—There is hereby appropriated to the Secretary of the Treasury
such sums as may be necessary to carry out this subsection.
“(11) TERMINATION.—The Secretary of the Treasury shall not make any grant to any person
under this subsection unless the application of such person for such grant is received
before January 1, 2013.
“(12) PROTECTING MIDDLE CLASS FAMILIES FROM TAX INCREASES.—It is the sense of the
Senate that the Senate should reject any procedural maneuver that would raise taxes
on middle class families, such as a motion to commit the pending legislation to the
Committee on Finance, which is designed to kill legislation that provides tax cuts
for American workers and families, including the affordability tax credit and the
small business tax credit.”
