Internal Revenue Code:Sec. 40. Alcohol used as fuel
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Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle A - Income Taxes
CHAPTER 1 - NORMAL TAXES AND SURTAXES
Subchapter A - Determination of Tax Liability
PART IV - CREDITS AGAINST TAX
Subpart D - Business Related Credits
Statute
Sec. 40. Alcohol used as fuel
(a) General rule
For purposes of section 38, the alcohol fuels credit determined
under this section for the taxable year is an amount equal to the
sum of -
(1) the alcohol mixture credit, plus
(2) the alcohol credit, plus
(3) in the case of an eligible small ethanol producer, the
small ethanol producer credit.
(b) Definition of alcohol mixture credit, alcohol credit, and small
ethanol producer credit
For purposes of this section, and except as provided in
subsection (h) -
(1) Alcohol mixture credit
(A) In general
The alcohol mixture credit of any taxpayer for any taxable
year is 60 cents for each gallon of alcohol used by the
taxpayer in the production of a qualified mixture.
(B) Qualified mixture
The term ''qualified mixture'' means a mixture of alcohol and
gasoline or of alcohol and a special fuel which -
(i) is sold by the taxpayer producing such mixture to any
person for use as a fuel, or
(ii) is used as a fuel by the taxpayer producing such
mixture.
(C) Sale or use must be in trade or business, etc.
Alcohol used in the production of a qualified mixture shall
be taken into account -
(i) only if the sale or use described in subparagraph (B)
is in a trade or business of the taxpayer, and
(ii) for the taxable year in which such sale or use occurs.
(D) Casual off-farm production not eligible
No credit shall be allowed under this section with respect to
any casual off-farm production of a qualified mixture.
(2) Alcohol credit
(A) In general
The alcohol credit of any taxpayer for any taxable year is 60
cents for each gallon of alcohol which is not in a mixture with
gasoline or a special fuel (other than any denaturant) and
which during the taxable year -
(i) is used by the taxpayer as a fuel in a trade or
business, or
(ii) is sold by the taxpayer at retail to a person and
placed in the fuel tank of such person's vehicle.
(B) User credit not to apply to alcohol sold at retail
No credit shall be allowed under subparagraph (A)(i) with
respect to any alcohol which was sold in a retail sale
described in subparagraph (A)(ii).
(3) Smaller credit for lower proof alcohol
In the case of any alcohol with a proof which is at least 150
but less than 190, paragraphs (1)(A) and (2)(A) shall be applied
by substituting ''45 cents'' for ''60 cents''.
(4) Small ethanol producer credit
(A) In general
The small ethanol producer credit of any eligible small
ethanol producer for any taxable year is 10 cents for each
gallon of qualified ethanol fuel production of such producer.
(B) Qualified ethanol fuel production
For purposes of this paragraph, the term ''qualified ethanol
fuel production'' means any alcohol which is ethanol which is
produced by an eligible small ethanol producer, and which
during the taxable year -
(i) is sold by such producer to another person -
(I) for use by such other person in the production of a
qualified mixture in such other person's trade or business
(other than casual off-farm production),
(II) for use by such other person as a fuel in a trade or
business, or
(III) who sells such ethanol at retail to another person
and places such ethanol in the fuel tank of such other
person, or
(ii) is used or sold by such producer for any purpose
described in clause (i).
(C) Limitation
The qualified ethanol fuel production of any producer for any
taxable year shall not exceed 15,000,000 gallons.
(D) Additional distillation excluded
The qualified ethanol fuel production of any producer for any
taxable year shall not include any alcohol which is purchased
by the producer and with respect to which such producer
increases the proof of the alcohol by additional distillation.
(5) Adding of denaturants not treated as mixture
The adding of any denaturant to alcohol shall not be treated as
the production of a mixture.
(c) Coordination with exemption from excise tax
The amount of the credit determined under this section with
respect to any alcohol shall, under regulations prescribed by the
Secretary, be properly reduced to take into account any benefit
provided with respect to such alcohol solely by reason of the
application of section 4041(b)(2), section 6426, or
section 6427(e).
(d) Definitions and special rules
For purposes of this section -
(1) Alcohol defined
(A) In general
The term ''alcohol'' includes methanol and ethanol but does
not include -
(i) alcohol produced from petroleum, natural gas, or coal
(including peat), or
(ii) alcohol with a proof of less than 150.
(B) Determination of proof
The determination of the proof of any alcohol shall be made
without regard to any added denaturants.
(2) Special fuel defined
The term ''special fuel'' includes any liquid fuel (other than
gasoline) which is suitable for use in an internal combustion
engine.
(3) Mixture or alcohol not used as a fuel, etc.
(A) Mixtures
If -
(i) any credit was determined under this section with
respect to alcohol used in the production of any qualified
mixture, and
(ii) any person -
(I) separates the alcohol from the mixture, or
(II) without separation, uses the mixture other than as a
fuel,
then there is hereby imposed on such person a tax equal to 60
cents a gallon (45 cents in the case of alcohol with a proof
less than 190) for each gallon of alcohol in such mixture.
(B) Alcohol
If -
(i) any credit was determined under this section with
respect to the retail sale of any alcohol, and
(ii) any person mixes such alcohol or uses such alcohol
other than as a fuel,
then there is hereby imposed on such person a tax equal to 60
cents a gallon (45 cents in the case of alcohol with a proof
less than 190) for each gallon of such alcohol.
(C) Producer credit
If -
(i) any credit was determined under subsection (a)(3), and
(ii) any person does not use such fuel for a purpose
described in subsection (b)(4)(B),
then there is hereby imposed on such person a tax equal to 10
cents a gallon for each gallon of such alcohol.
(D) Applicable laws
All provisions of law, including penalties, shall, insofar as
applicable and not inconsistent with this section, apply in
respect of any tax imposed under subparagraph (A), (B), or (C)
as if such tax were imposed by section 4081 and not by this
chapter.
(4) Volume of alcohol.--For purposes of determining under
subsection (a) the number of gallons of alcohol with respect to
which a credit is allowable under subsection (a), the volume of
alcohol shall include the volume of any denaturant (including
gasoline) which is added under any formulas approved by the
Secretary to the extent that such denaturants do not exceed 5
percent of the volume of such alcohol (including
denaturants).
(5) Pass-thru in the case of estates and trusts
Under regulations prescribed by the Secretary, rules similar to
the rules of subsection (d) of section 52 shall apply.
(e) Termination
(1) In general
This section shall not apply to any sale or use -
(A) for any period after December 31, 2010, or
(B) for any period before January 1, 2011, during which the
rates of tax under section 4081(a)(2)(A) are 4.3 cents per
gallon.
(2) No carryovers to certain years after expiration
If this section ceases to apply for any period by reason of
paragraph (1), no amount attributable to any sale or use before
the first day of such period may be carried under section 39 by
reason of this section (treating the amount allowed by reason of
this section as the first amount allowed by this subpart) to any
taxable year beginning after the 3-taxable-year period beginning
with the taxable year in which such first day occurs.
(f) Election to have alcohol fuels credit not apply
(1) In general
A taxpayer may elect to have this section not apply for any
taxable year.
(2) Time for making election
An election under paragraph (1) for any taxable year may be
made (or revoked) at any time before the expiration of the 3-year
period beginning on the last date prescribed by law for filing
the return for such taxable year (determined without regard to
extensions).
(3) Manner of making election
An election under paragraph (1) (or revocation thereof) shall
be made in such manner as the Secretary may by regulations
prescribe.
(g) Definitions and special rules for eligible small ethanol
producer credit
For purposes of this section -
(1) Eligible small ethanol producer
The term ''eligible small ethanol producer'' means a person
who, at all times during the taxable year, has a productive
capacity for alcohol (as defined in subsection (d)(1)(A) without
regard to clauses (i) and (ii)) not in excess of 60,000,000
gallons.
(2) Aggregration (FOOTNOTE 1) rule
(FOOTNOTE 1) So in original. Probably should be
''Aggregation''.
For purposes of the 15,000,000 gallon limitation under
subsection (b)(4)(C) and the 60,000,000 gallon limitation under
paragraph (1), all members of the same controlled group of
corporations (within the meaning of section 267(f)) and all
persons under common control (within the meaning of section 52(b)
but determined by treating an interest of more than 50 percent as
a controlling interest) shall be treated as 1 person.
(3) Partnership, S corporations, and other pass-thru entities
In the case of a partnership, trust, S corporation, or other
pass-thru entity, the limitations contained in subsection
(b)(4)(C) and paragraph (1) shall be applied at the entity level
and at the partner or similar level.
(4) Allocation
For purposes of this subsection, in the case of a facility in
which more than 1 person has an interest, productive capacity
shall be allocated among such persons in such manner as the
Secretary may prescribe.
(5) Regulations
The Secretary may prescribe such regulations as may be
necessary -
(A) to prevent the credit provided for in subsection (a)(3)
from directly or indirectly benefiting any person with a direct
or indirect productive capacity of more than 60,000,000 gallons
of alcohol during the taxable year, or
(B) to prevent any person from directly or indirectly
benefiting with respect to more than 15,000,000 gallons during
the taxable year.
(6) Allocation of small ethanol producer credit to patrons
of cooperative.--
(A) Election to allocate.--
(i) In general.--In the case of a
cooperative organization described in section
1381(a), any portion of the credit determined
under subsection (a)(3) for the taxable year may,
at the election of the organization, be
apportioned pro rata among patrons of the
organization on the basis of the quantity or value
of business done with or for such patrons for the
taxable year.
(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
Such election shall not take effect unless
the organization designates the apportionment as
such in a written notice mailed to its patrons
during the payment period described in section
1382(d).
(B) Treatment of organizations and patrons.--
(i) Organizations.--The amount of the credit
not apportioned to patrons pursuant to
subparagraph (A) shall be included in the amount
determined under subsection (a)(3) for the taxable
year of the organization.
(ii) Patrons.--The amount of the credit
apportioned to patrons pursuant to subparagraph
(A) shall be included in the amount determined
under such subsection for the first taxable year
of each patron ending on or after the last day of
the payment period (as defined in section 1382(d))
for the taxable year of the organization or, if
earlier, for the taxable year of each patron
ending on or after the date on which the patron
receives notice from the cooperative of the
apportionment.
(iii) Special rules for decrease in credits
for taxable year.--If the amount of the credit of
the organization determined under such subsection
for a taxable year is less than the amount of such
credit shown on the return of the organization for
such year, an amount equal to the excess of--
(I) such reduction, over
(II) the amount not apportioned to
such patrons under subparagraph (A) for
the taxable year,
shall be treated as an increase in tax imposed by
this chapter on the organization. Such increase
shall not be treated as tax imposed by this
chapter for purposes of determining the amount of
any credit under this chapter or for purposes of
section 55.
[Effective Date.--The <<NOTE: 26 USC 40 note.>> amendment made by
this paragraph (6) shall apply to taxable years ending after the date
of the enactment of PL 108-357.]
(h) Reduced credit for ethanol blenders
(1) In general
In the case of any alcohol mixture credit or alcohol credit
with respect to any sale or use of alcohol which is ethanol
during calendar years 2001 through 2010 -
(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied by
substituting ''the blender amount'' for ''60 cents'',
(B) subsection (b)(3) shall be applied by substituting ''the
low-proof blender amount'' for ''45 cents'' and ''the blender
amount'' for ''60 cents'', and
(C) subparagraphs (A) and (B) of subsection (d)(3) shall be
applied by substituting ''the blender amount'' for ''60 cents''
and ''the low-proof blender amount'' for ''45 cents''.
(2) Amounts
For purposes of paragraph (1), the blender amount and the
low-proof blender amount shall be determined in accordance with
the following table:
---------------------------------------------------------------------
In the case of any The blender amount The low-proof blender
sale or use during is: amount is:
calendar year:
---------------------------------------------------------------------
2001 or 2002 53 cents 39.26 cents
2003 or 2004 52 cents 38.52 cents
2005 through 2010 51 cents 37.78 cents.
-------------------------------
Sources
(Added Pub. L. 96-223, title II, Sec. 232(b)(1), Apr. 2, 1980, 94
Stat. 273, Sec. 44E; amended Pub. L. 97-34, title II Sec.
207(c)(3), Aug. 13, 1981, 95 Stat. 225; Pub. L. 97-354, Sec.
5(a)(2), Oct. 19, 1982, 96 Stat. 1692; Pub. L. 97-424, title V,
Sec. 511(b)(2), (d)(3), Jan. 6, 1983, 96 Stat. 2170, 2171;
renumbered Sec. 40 and amended Pub. L. 98-369, div. A, title IV,
Sec. 471(c), 474(k), title IX, Sec. 912(c), (f), 913(b), July 18,
1984, 98 Stat. 826, 832, 1007, 1008; Pub. L. 100-203, title X, Sec.
10502(d)(1), Dec. 22, 1987, 101 Stat. 1330-444; Pub. L. 101-508,
title XI, Sec. 11502(a)-(f), Nov. 5, 1990, 104 Stat. 1388-480 to
1388-482; Pub. L. 104-188, title I, Sec. 1703(j), Aug. 20, 1996,
110 Stat. 1876; Pub. L. 105-178, title IX, Sec. 9003(a)(3), (b)(1),
June 9, 1998, 112 Stat. 502.)
Miscellaneous
PRIOR PROVISIONS
A prior section 40, added Pub. L. 92-178, title VI, Sec. 601(a),
Dec. 10, 1971, 85 Stat. 553; amended Pub. L. 94-455, title XIX,
Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, related to
allowance as a credit of expenses of work incentive programs, prior
to repeal by Pub. L. 98-369, div. A, title IV, Sec. 474(m)(1),
July 18, 1984, 98 Stat. 833.
Another prior section 40 was renumbered section 35 of this title.
AMENDMENTS
2005 - Energy Policy Act 2005, Sec.1347(a), amended Sec.40(g)
(relating to definitions and special rules for eligible small
ethanol producer credit) is amended by striking `30,000,000'
each place it appears and inserting `60,000,000'. Sec.1347(b)
amended Sec.40(g)(6)(A)(ii) as to Notice of Election. The
amendments made by these sections shall apply to taxable years
ending after the date of the enactment of this Act.
2004 - PL 108-357, Sec. 313(a), amends section 40(g) by adding at the
end the new paragraph (6).
Effective Date.--The <<NOTE: 26 USC 40 note.>> amendment made by
this section shall apply to taxable years ending after the date
of the enactment of this Act.
2004 - PL 108-357, Sec. 301(c), amends 26 USC 40 as follows:
(1) Section 40(c) is amended by striking ``subsection (b)(2), (k),
or (m) of section 4041, section 4081(c), or section 4091(c)'' and
inserting ``section 4041(b)(2), section 6426, or section 6427(e)''.
(2) Paragraph (4) of section 40(d) is amended to read as follows:
``(4) Volume of alcohol.--For purposes of determining under
subsection (a) the number of gallons of alcohol with respect to
which a credit is allowable under subsection (a), the volume of
alcohol shall include the volume of any denaturant (including
gasoline) which is added under any formulas approved by the
Secretary to the extent that such denaturants do not exceed 5
percent of the volume of such alcohol (including denaturants).''
(3) Section 40(e)(1) is amended by striking ``2007'' in
subparagraph (A) and inserting ``2010'', and by striking ``2008''
in subparagraph (B) and inserting ``2011''.
(4) Section 40(h) is amended by striking ``2007'' in paragraph (1)
and inserting ``2010'', and by striking ``, 2006, or 2007'' in the
table contained in paragraph (2) and inserting ``through 2010''.
Effective <<NOTE: 26 USC 40 note.>> Date. In general.--Except as
otherwise provided in this subsection, the amendments made by this
section shall apply to fuel sold or used after December 31, 2004.
1998 - Subsec. (e)(1). Pub. L. 105-178, Sec. 9003(a)(3),
substituted ''December 31, 2007'' for ''December 31, 2000'' in
subpar. (A) and ''January 1, 2008'' for ''January 1, 2001'' in
subpar. (B).
Subsec. (h). Pub. L. 105-178, Sec. 9003(b)(1), reenacted heading
without change and amended text of subsec. (h) generally. Prior to
amendment, text read as follows: ''In the case of any alcohol
mixture credit or alcohol credit with respect to any alcohol which
is ethanol -
''(1) subsections (b)(1)(A) and (b)(2)(A) shall be applied by
substituting '54 cents' for '60 cents';
''(2) subsection (b)(3) shall be applied by substituting '40
cents' for '45 cents' and '54 cents' for '60 cents'; and
''(3) subparagraphs (A) and (B) of subsection (d)(3) shall be
applied by substituting '54 cents' for '60 cents' and '40 cents'
for '45 cents'.''
1996 - Subsec. (e)(1)(B). Pub. L. 104-188 amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''for
any period before January 1, 2001, during which the Highway Trust
Fund financing rate under section 4081(a)(2) is not in effect.''
1990 - Subsec. (a)(2). Pub. L. 101-508, Sec. 11502(a)(1),
substituted '', plus'' for period at end.
Subsec. (a)(3). Pub. L. 101-508, Sec. 11502(a)(2), added par.
(3).
Subsec. (b). Pub. L. 101-508, Sec. 11502(e)(2), which directed
the insertion of '', and except as provided in subsection (h)'' in
introductory provisions without specifying the location of such
insertion, was executed after ''section'' to reflect the probable
intent of Congress.
Pub. L. 101-508, Sec. 11502(b)(3), substituted '', alcohol
credit, and small ethanol producer credit'' for ''and alcohol
credit'' in heading.
Subsec. (b)(4), (5). Pub. L. 101-508, Sec. 11502(b)(1), (2),
added par. (4) and redesignated former par. (4) as (5).
Subsec. (d)(3)(C), (D). Pub. L. 101-508, Sec. 11502(d)(1), (2),
added subpar. (C), redesignated former subpar. (C) as (D), and
substituted ''subparagraph (A), (B), or (C)'' for ''subparagraph
(A) or (B)''.
Subsec. (e). Pub. L. 101-508, Sec. 11502(f), amended subsec. (e)
generally, substituting present provisions for provisions
prohibiting the applicability of this section to any sale or use
after Dec. 31, 1992, and prohibiting carryovers to any taxable year
beginning after Dec. 31, 1994.
Subsec. (g). Pub. L. 101-508, Sec. 11502(c), added subsec. (g).
Subsec. (h). Pub. L. 101-508, Sec. 11502(e)(1), added subsec.
(h).
1987 - Subsec. (c). Pub. L. 100-203 substituted '', section
4081(c), or section 4091(c)'' for ''or section 4081(c)''.
1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44E of
this title as this section.
Subsec. (a). Pub. L. 98-369, Sec. 474(k)(1), substituted ''For
purposes of section 38, the alcohol fuels credit determined under
this section for the taxable year is an amount equal to the sum
of'' for ''There shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the
sum of'' in introductory provisions.
Subsec. (b)(1)(A), (2)(A). Pub. L. 98-369, Sec. 912(c)(1),
substituted ''60 cents'' for ''50 cents''.
Subsec. (b)(3). Pub. L. 98-369, Sec. 912(c), substituted ''45
cents'' for ''37.5 cents'' and ''60 cents'' for ''50 cents''.
Subsec. (c). Pub. L. 98-369, Sec. 913(b), substituted ''(b)(2),
(k), or (m)'' for ''(b)(2) or (k)''.
Pub. L. 98-369, Sec. 474(k)(2), substituted ''the credit
determined under this section'' for ''the credit allowable under
this section''.
Subsec. (d)(1)(A)(i). Pub. L. 98-369, Sec. 912(f), substituted
''coal (including peat)'' for ''coal''.
Subsec. (d)(3)(A). Pub. L. 98-369, Sec. 912(c), substituted ''60
cents'' for ''50 cents'' and ''45 cents'' for ''37.5 cents''.
Subsec. (d)(3)(A)(i). Pub. L. 98-369, Sec. 474(k)(3), substituted
''credit was determined'' for ''credit was allowable''.
Subsec. (d)(3)(B). Pub. L. 98-369, Sec. 912(c), substituted ''60
cents'' for ''50 cents'' and ''45 cents'' for ''37.5 cents''.
Subsec. (d)(3)(B)(i). Pub. L. 98-369, Sec. 474(k)(3), substituted
''credit was determined'' for ''credit was allowable''.
Subsec. (e). Pub. L. 98-369, Sec. 474(k)(4), redesignated subsec.
(f) as (e). Former subsec. (e), which had placed a limitation based
on the amount of tax, was struck out.
Subsec. (e)(2). Pub. L. 98-369, Sec. 474(k)(5), substituted
''section 39 by reason of this section (treating the amount allowed
by reason of this section as the first amount allowed by this
subpart)'' for ''subsection (e)(2)''.
Subsec. (f). Pub. L. 98-369, Sec. 474(k)(6), added subsec. (f).
Former subsec. (f) redesignated (e).
1983 - Subsec. (b)(1)(A), (2)(A). Pub. L. 97-424, Sec.
511(d)(3)(A), substituted ''50 cents'' for ''40 cents''.
Subsec. (b)(3). Pub. L. 97-424, Sec. 511(d)(3), substituted ''50
cents'' for ''40 cents'' and ''37.5 cents'' for ''30 cents''.
Subsec. (c). Pub. L. 97-424, Sec. 511(b)(2), substituted
''subsection (b)(2) or (k) of section 4041 or section 4081(c)'' for
''section 4041(k) or 4081(c)'' after ''reason of the application
of''.
Subsec. (d)(3)(A), (B). Pub. L. 97-424, Sec. 511(d)(3),
substituted ''50 cents'' for ''40 cents'' and ''37.5 cents'' for
''30 cents''.
1982 - Subsec. (d)(5). Pub. L. 97-354 substituted ''Pass-thru in
the case of estates and trusts'' for ''Pass-through in the case of
subchapter S corporations, etc.'' in par. heading, and substituted
provisions relating to the applicability of rules similar to rules
of subsec. (d) of section 52 for provisions relating to the
applicability of rules similar to rules of subsecs. (d) and (e) of
section 52.
1981 - Subsec. (e)(2)(A). Pub. L. 97-34 substituted ''15'' for
''7'' in two places, and ''14'' for ''6'' in one place.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-178, title IX, Sec. 9003(b)(3), June 9, 1998, 112
Stat. 503, provided that: ''The amendments made by this subsection
(amending this section and sections 4041, 4081, and 4091 of this
title) shall take effect on January 1, 2001.''
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-188 effective as if included in the
provision of the Revenue Reconciliation Act of 1993, Pub. L.
103-66, Sec. 13001-13444, to which such amendment relates, see
section 1703(o) of Pub. L. 104-188, set out as a note under section
39 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 11502(h) of Pub. L. 101-508 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending this section) shall apply to alcohol
produced, and sold or used, in taxable years beginning after
December 31, 1990.
''(2) The amendments made by subsection (g) (amending provisions
not classified to the Code) shall apply to articles entered or
withdrawn from warehouse on or after January 1, 1991.''
EFFECTIVE DATE OF 1987 AMENDMENT
Section 10502(e) of Pub. L. 100-203 provided that: ''The
amendments made by this section (enacting sections 4091 to 4093 of
this title, amending this section and sections 4041, 4081, 4101,
4221, 6206, 6416, 6421, 6427, 6652, 9502, 9503, and 9508 of this
title, and enacting provisions set out as notes under sections 4091
and 9502 of this title) shall apply to sales after March 31,
1988.''
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 474(k) 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.
Section 912(g) of Pub. L. 98-369 provided that: ''The amendments
made by this section (amending this section and sections 4041,
4081, and 6427 of this title) shall take effect on January 1,
1985.''
Amendment by section 913(b) of Pub. L. 98-369 effective Aug. 1,
1984, see section 913(c) of Pub. L. 98-369, set out as a note under
section 4041 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendments by section 511(b)(2), (d)(3) of Pub. L. 97-424
effective Apr. 1, 1983, see section 511(h) of Pub. L. 97-424, set
out as a note under section 4041 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-354 applicable to taxable years beginning
after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as
an Effective Date note under section 1361 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-34 applicable to unused credit years
ending after Sept. 30, 1980, see section 209(c)(2)(C) of Pub. L.
97-34, set out as an Effective Date note under section 168 of this
title.
EFFECTIVE DATE
Section 232(h)(1), (4) of Pub. L. 96-223, as amended by Pub. L.
97-448, title II, Sec. 202(e), Jan. 12, 1983, 96 Stat. 2396,
provided that:
''(1) The amendments made by subsections (b) and (c) (enacting
sections 44E (now 40) and 86 of this title and amending sections
55, 381, 383, 4081, and 6096 of this title) shall apply to sales or
uses after September 30, 1980, in taxable years ending after such
date.
''(4) Notwithstanding paragraph (1), the provisions of section
44E(d)(4)(B) (now 40(d)(4)(B)) of such Code, as added by this
section, shall take effect on April 2, 1980.''
References
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 38, 87, 196, 4041, 6501
of this title.
