Internal Revenue Code:Sec. 45K. Credit for producing fuel from a nonconventional source

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Contents


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


    NOTE:  This Section 45K was created by redesignating Section 29 as
    Section 45K, by the Energy Policy Act of 2005, effective for taxable
    years ending after December 31, 2005.

    Sec. 45K. Credit for producing fuel from a nonconventional source
    (a) Allowance of credit
      For purposes of section 38, the nonconventional source production credit 
      determined under this section for the taxable year is
        (1) $3, multiplied by
        (2) the barrel-of-oil equivalent of qualified fuels -
          (A) sold by the taxpayer to an unrelated person during the
        taxable year, and
          (B) the production of which is attributable to the taxpayer.
    (b) Limitations and adjustments
      (1) Phaseout of credit
        The amount of the credit allowable under subsection (a) shall
      be reduced by an amount which bears the same ratio to the amount
      of the credit (determined without regard to this paragraph) as -
          (A) the amount by which the reference price for the calendar
        year in which the sale occurs exceeds $23.50, bears to
          (B) $6.
      (2) Credit and phaseout adjustment based on inflation
        The $3 amount in subsection (a) and the $23.50 and $6 amounts
      in paragraph (1) shall each be adjusted by multiplying such
      amount by the inflation adjustment factor for the calendar year
      in which the sale occurs.  In the case of gas from a tight
      formation, the $3 amount in subsection (a) shall not be adjusted.
      (3) Credit reduced for grants, tax-exempt bonds, and subsidized
          energy financing
        (A) In general
          The amount of the credit allowable under subsection (a) with
        respect to any project for any taxable year (determined after
        the application of paragraphs (1) and (2)) shall be reduced by
        the amount which is the product of the amount so determined for
        such year and a fraction -
            (i) the numerator of which is the sum, for the taxable year
          and all prior taxable years, of -
              (I) grants provided by the United States, a State, or a
            political subdivision of a State for use in connection with
            the project,
              (II) proceeds of any issue of State or local government
            obligations used to provide financing for the project the
            interest on which is exempt from tax under section 103, and
              (III) the aggregate amount of subsidized energy financing
            (within the meaning of section 48(a)(4)(C)) provided in
            connection with the project, and
            (ii) the denominator of which is the aggregate amount of
          additions to the capital account for the project for the
          taxable year and all prior taxable years.
        (B) Amounts determined at close of year
          The amounts under subparagraph (A) for any taxable year shall
        be determined as of the close of the taxable year.
      (4) Credit reduced for energy credit
        The amount allowable as a credit under subsection (a) with
      respect to any project for any taxable year (determined after the
      application of paragraphs (1), (2), and (3)) shall be reduced by
      the excess of -
          (A) the aggregate amount allowed under section 38 for the
        taxable year or any prior taxable year by reason of the energy
        percentage with respect to property used in the project, over
          (B) the aggregate amount recaptured with respect to the
        amount described in subparagraph (A) -
            (i) under section 49(b) or 50(a) for the taxable year or
          any prior taxable year, or
            (ii) under this paragraph for any prior taxable year.
      The amount recaptured under section 49(b) or 50(a) with respect
      to any property shall be appropriately reduced to take into
      account any reduction in the credit allowed by this section by
      reason of the preceding sentence.
      (5) Credit reduced for enhanced oil recovery credit
        The amount allowable as a credit under subsection (a) with
      respect to any project for any taxable year (determined after
      application of paragraphs (1), (2), (3), and (4)) shall be
      reduced by the excess (if any) of -
          (A) the aggregate amount allowed under section 38 for the
        taxable year and any prior taxable year by reason of any
        enhanced oil recovery credit determined under section 43 with
        respect to such project, over
          (B) the aggregate amount recaptured with respect to the
        amount described in subparagraph (A) under this paragraph for
        any prior taxable year.
    (c) Definition of qualified fuels
      For purposes of this section -
      (1) In general
        The term ''qualified fuels'' means -
          (A) oil produced from shale and tar sands,
          (B) gas produced from -
            (i) geopressured brine, Devonian shale, coal seams, or a
          tight formation, or
            (ii) biomass, and
          (C) liquid, gaseous, or solid synthetic fuels produced from
        coal (including lignite), including such fuels when used as
        feedstocks.
      (2) Gas from geopressured brine, etc.
        (A) In general
          Except as provided in subparagraph (B), the determination of
        whether any gas is produced from geopressured brine, Devonian
        shale, coal seams, or a tight formation shall be made in
        accordance with section 503 of the Natural Gas Policy Act of
        1978 (as in effect before the repeal of such section).
        (B) Special rules for gas from tight formations
          The term ''gas produced from a tight formation'' shall only
        include gas from a tight formation -
            (i) which, as of April 20, 1977, was committed or dedicated
          to interstate commerce (as defined in section 2(18) of the
          Natural Gas Policy Act of 1978, as in effect on the date of
          the enactment of this clause), or
            (ii) which is produced from a well drilled after such date
          of enactment.
      (3) Biomass
        The term ''biomass'' means any organic material other than -
          (A) oil and natural gas (or any product thereof), and
          (B) coal (including lignite) or any product thereof.
    (d) Other definitions and special rules
      For purposes of this section -
      (1) Only production within the United States taken into account
        Sales shall be taken into account under this section only with
      respect to qualified fuels the production of which is within -
          (A) the United States (within the meaning of section 638(1)),
        or
          (B) a possession of the United States (within the meaning of
        section 638(2)).
      (2) Computation of inflation adjustment factor and reference
          price
        (A) In general
          The Secretary shall, not later than April 1 of each calendar
        year, determine and publish in the Federal Register the
        inflation adjustment factor and the reference price for the
        preceding calendar year in accordance with this paragraph.
        (B) Inflation adjustment factor
          The term ''inflation adjustment factor'' means, with respect
        to a calendar year, a fraction the numerator of which is the
        GNP implicit price deflator for the calendar year and the
        denominator of which is the GNP implicit price deflator for
        calendar year 1979. The term ''GNP implicit price deflator''
        means the first revision of the implicit price deflator for the
        gross national product as computed and published by the
        Department of Commerce.
        (C) Reference price
          The term ''reference price'' means with respect to a calendar
        year the Secretary's estimate of the annual average wellhead
        price per barrel for all domestic crude oil the price of which
        is not subject to regulation by the United States.
      (3) Production attributable to the taxpayer
        In the case of a property or facility in which more than 1
      person has an interest, except to the extent provided in
      regulations prescribed by the Secretary, production from the
      property or facility (as the case may be) shall be allocated
      among such persons in proportion to their respective interests in
      the gross sales from such property or facility.
      (4) Gas from geopressured brine, Devonian shale, coal seams, or a
          tight formation
        The amount of the credit allowable under subsection (a) shall
      be determined without regard to any production attributable to a
      property from which gas from Devonian shale, coal seams,
      geopressured brine, or a tight formation was produced in
      marketable quantities before January 1, 1980.
      (5) Barrel-of-oil equivalent
        The term ''barrel-of-oil equivalent'' with respect to any fuel
      means that amount of such fuel which has a Btu content of 5.8
      million; except that in the case of qualified fuels described in
      subparagraph (C) of subsection (c)(1), the Btu content shall be
      determined without regard to any material from a source not
      described in such subparagraph.
      (6) Barrel defined
        The term ''barrel'' means 42 United States gallons.
      (7) Related persons
        Persons shall be treated as related to each other if such
      persons would be treated as a single employer under the
      regulations prescribed under section 52(b). In the case of a
      corporation which is a member of an affiliated group of
      corporations filing a consolidated return, such corporation shall
      be treated as selling qualified fuels to an unrelated person if
      such fuels are sold to such a person by another member of such
      group.
      (8) 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.

      <<<NOTE: The following subsection (e) was repealed by the
       < Energy Policy Act of 2005, effective on the date of enactment
       < of the Act:
       < (e) Application with the Natural Gas Policy Act of 1978
       <  (1) No credit if section 107 of the Natural Gas Policy Act of
       <   1978 is utilized
       <   Subsection (a) shall apply with respect to any natural gas
       < described in subsection (c)(1)(B)(i) which is sold during the
       < taxable year only if such natural gas is sold at a lawful price
       < which is determined without regard to the provisions of section
       < 107 of the Natural Gas Policy Act of 1978 and subtitle B of title
       < I of such Act.
       <  (2) Treatment of this section
       <   For purposes of section 107(d) of the Natural Gas Policy Act of
       < 1978, this section shall not be treated as allowing any credit,
       < exemption, deduction, or comparable adjustment applicable to the
       < computation of any Federal tax.>>>                   
    (e) Application of section
      This section shall apply with respect to qualified fuels -
        (1) which are -
          (A) produced from a well drilled after December 31, 1979, and
        before January 1, 1993, or
          (B) produced in a facility placed in service after December
        31, 1979, and before January 1, 1993, and
        (2) which are sold before January 1, 2003.
    (f) Extension for certain facilities
      (1) In general
        In the case of a facility for producing qualified fuels
      described in subparagraph (B)(ii) or (C) of subsection (c)(1) -
          (A) for purposes of subsection (e)(1)(B), such facility shall
        be treated as being placed in service before January 1, 1993,
        if such facility is placed in service before July 1, 1998,
        pursuant to a binding written contract in effect before January
        1, 1997, and
          (B) if such facility is originally placed in service after
        December 31, 1992, paragraph (2) of subsection (e) shall be
        applied with respect to such facility by substituting ''January
        1, 2008'' for ''January 1, 2003''.
      (2) Special rule
        Paragraph (1) shall not apply to any facility which produces
      coke or coke gas unless the original use of the facility
      commences with the taxpayer.
    (g) Extension for Facilities Producing Coke or Coke Gas- 
      Notwithstanding subsection (e)--
      (1) IN GENERAL- In the case of a facility for producing coke or coke
        gas (other than from petroleum based products) which was placed in 
        service before January 1, 1993, or after June 30, 1998, and before 
        January 1, 2010, this section shall apply with respect to coke and 
        coke gas (other than from petroleum based products) produced in such 
        facility and sold during the period--
        (A) beginning on the later of January 1, 2006, or the date that 
          such facility is placed in service, and
        (B) ending on the date which is 4 years after the date such period 
          began.
      (2) SPECIAL RULES- In determining the amount of credit allowable 
        under this section solely by reason of this subsection--
        (A) DAILY LIMIT- The amount of qualified fuels sold during any 
          taxable year which may be taken into account by reason of this 
          subsection with respect to any facility shall not exceed an 
          average barrel-of-oil equivalent of 4,000 barrels per day. Days 
          before the date the facility is placed in service shall not be 
          taken into account in determining such average.
        (B) EXTENSION PERIOD TO COMMENCE WITH UNADJUSTED CREDIT AMOUNT- For 
          purposes of applying subsection (b)(2) to the $3 amount in  
          subsection (a), in the case of fuels sold after 2005, 
          subsection (d)(2)(B) shall be applied by substituting `2004' for 
          `1979'.
        (C) DENIAL OF DOUBLE BENEFIT- This subsection shall not apply to 
          any facility producing qualified fuels for which a credit was 
          allowed under this section for the taxable year or any preceding 
          taxable year by reason of subsection (f).
        (D) Nonapplication of phaseout.--Subsection (b)(1) shall not apply.


Sources

    (Added Pub. L. 96-223, title II, Sec. 231(a), Apr. 2, 1980, 94
    Stat. 268, Sec. 44D; amended Pub. L. 97-34, title VI Sec. 611(a),
    Aug. 13, 1981, 95 Stat. 339; Pub. L. 97-354, Sec. 5(a)(1), Oct. 19,
    1982, 96 Stat. 1692; Pub. L. 97-448, title II, Sec. 202(a), Jan.
    12, 1983, 96 Stat. 2396; renumbered Sec. 29 and amended Pub. L.
    98-369, div.  A, title IV, Sec. 471(c), 474(h), title VI, Sec.
    612(e)(1), title VII, Sec. 722(d)(1), (2), July 18, 1984, 98 Stat.
    826, 831, 912, 973; Pub. L. 99-514, title VII, Sec. 701(c)(3),
    title XVIII, Sec. 1879(c)(1), Oct. 22, 1986, 100 Stat. 2340, 2906;
    Pub. L. 100-647, title VI, Sec. 6302, Nov. 10, 1988, 102 Stat.
    3755; Pub. L. 101-508, title XI, Sec. 11501(a), (b)(1), (c)(1),
    11813(b)(1), 11816, Nov. 5, 1990, 104 Stat. 1388-479, 1388-550,
    1388-558; Pub. L. 102-486, title XIX, Sec. 1918, Oct. 24, 1992, 106
    Stat. 3025; Pub. L. 104-188, title I, Sec. 1205(d)(3), 1207(a),
    Aug. 20, 1996, 110 Stat. 1776.)
 

References in Text

                             REFERENCES IN TEXT
      The Natural Gas Policy Act of 1978, referred to in subsecs.
    (c)(2)(A), (B)(i) and (e), is Pub. L. 95-621, Nov. 9, 1978, 92
    Stat. 3350, as amended, which is classified generally to chapter 60
    (Sec. 3301 et seq.) of Title 15, Commerce and Trade. Subtitle B of
    title I of the Act, which was classified generally to part B of
    subchapter I (Sec. 3331 et seq.) of chapter 60 of Title 15, was
    repealed by Pub. L. 101-60, Sec. 2(b), July 26, 1989, 103 Stat.
    158, effective Jan. 1, 1993. Section 2(18) of the Act is classified
    to section 3301(18) of Title 15. Sections 107 and 503 of the Act,
    which were classified to sections 3317 and 3413 of Title 15,
    respectively, were repealed by Pub. L. 101-60, Sec. 2(b), 3(b)(5),
    July 26, 1989, 103 Stat. 158, 159, effective Jan. 1, 1993. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3301 of Title 15 and Tables.
      The date of the enactment of this clause, and such date of
    enactment, referred to in subsec. (c)(2)(B), probably mean the date
    of enactment of Pub. L. 101-508, which amended subsec. (c)(2)(B) of
    this section generally, and which was approved Nov. 5, 1990.
 

Miscellaneous

                                 AMENDMENTS

2006 - Tax Relief and Health Care Act of 2006 (P.L. 109-432)
SEC. 211. TREATMENT OF COKE AND COKE GAS.
    (a) Nonapplication of Phaseout.--Section 45K(g)(2) is amended by 
adding at the end the following new subparagraph:
                    ``(D) Nonapplication of phaseout.--Subsection (b)(1) 
                shall not apply.''.
    (b) Clarification of Qualifying Facility.--Section 45K(g)(1) is 
amended by inserting ``(other than from petroleum based products)'' 
after ``coke or coke gas''.
    
     2005 - Energy Policy Act of 2005.  Section 45K(a) is amended by 
     striking `There shall be allowed as a credit against the tax 
     imposed by this chapter for the taxable year' and inserting `For 
     purposes of section 38, if the taxpayer elects to have this section 
     apply, the nonconventional source production credit determined 
     under this section for the taxable year is'.
     Section 45K(b) is amended by striking paragraph (6).
     Effective Dates- the amendments made by this section shall apply
     to credits determined under the Internal Revenue Code of 1986 for
     taxable years ending after December 31, 2005.

     2005 - Energy Policy Act of 2005.  Section 29(c)(2)(A) is amended--
     by inserting `(as in effect before the repeal of such section)' after 
     `1978', and by striking subsection (e) and redesignating
     subsections (f), (g), and (h) as subsections (e), (f), and (g), 
     respectively.
     Section 29(g)(1) is amended-- in subparagraph (A) by striking
     subsection (f)(1)(B)' and inserting `subsection (e)(1)(B)', and
     (B) in subparagraph (B) by striking `subsection (f)' and inserting 
     `subsection (e)'.
     Effective Dates-  The amendments made by subsection (b) shall take 
     effect on the date of the enactment of this Act.

     2005 - Energy Policy Act of 2005.  Section 29 (relating to credit for
     producing fuel from a nonconventional source) is amended by adding at 
     the end the following new subsection:  "(h) Extension for Facilities 
     Producing Coke or Coke Gas-...".   Effective Date- The amendment made 
     by this section shall apply to fuel produced and sold after
     December 31, 2005, in taxable years ending after such date.

      1996 - Subsec. (b)(6)(A). Pub. L. 104-188, Sec. 1205(d)(3),
    substituted ''section 27'' for ''sections 27 and 28''.
      Subsec. (g)(1)(A). Pub. L. 104-188, Sec. 1207(a), substituted
    ''July 1, 1998'' for ''January 1, 1997'' and ''January 1, 1997''
    for ''January 1, 1996''.
      1992 - Subsec. (g). Pub. L. 102-486 added subsec. (g).
      1990 - Subsec. (b)(3)(A)(i)(III). Pub. L. 101-508, Sec.
    11813(b)(1)(A), substituted ''section 48(a)(4)(C)'' for ''section
    48(l)(11)(C)''.
      Subsec. (b)(4). Pub. L. 101-508, Sec. 11813(b)(1)(B), substituted
    ''section 49(b) or 50(a)'' for ''section 47'' in two places.
      Subsec. (b)(5), (6). Pub. L. 101-508, Sec. 11501(c)(1), added
    par. (5) and redesignated former par. (5) as (6).
      Subsec. (c)(1)(B) to (E). Pub. L. 101-508, Sec. 11816(a),
    inserted ''and'' at end of subpar. (B), substituted a period for a
    comma at end of subpar. (C), and struck out subpar. (D) which
    related to qualifying processed wood fuels, and subpar. (E) which
    related to steam produced from solid agricultural byproducts (not
    including timber byproducts).
      Subsec. (c)(2)(B). Pub. L. 101-508, Sec. 11501(b)(1), amended
    subpar. (B) generally.  Prior to amendment, subpar. (B) read as
    follows: ''The term 'gas produced from a tight formation' shall
    only include -
        ''(i) gas the price of which is regulated by the United States,
      and
        ''(ii) gas for which the maximum lawful price applicable under
      the Natural Gas Policy Act of 1978 is at least 150 percent of the
      then applicable price under section 103 of such Act.''
      Subsec. (c)(3). Pub. L. 101-508, Sec. 11813(b)(1)(C), amended
    par. (3) generally.  Prior to amendment, par. (3) read as follows:
    ''The term 'biomass' means any organic material which is an
    alternate substance (as defined in section 48(l)(3)(B)) other than
    coal (including lignite) or any product of such coal.''
      Subsec. (c)(4). Pub. L. 101-508, Sec. 11816(b)(1), struck out
    par. (4) ''Qualifying processed wood fuel'' which read as follows:
      ''(A) In general. - The term 'qualifying processed wood fuel'
    means any processed solid wood fuel (other than charcoal, fireplace
    products, or a product used for ornamental or recreational
    purposes) which has a Btu content per unit of volume or weight,
    determined without regard to any nonwood elements, which is at
    least 40 percent greater per unit of volume or weight than the Btu
    content of the wood from which it is produced (determined
    immediately before the processing).
      ''(B) Election. - A taxpayer shall elect, at such time and in
    such manner as the Secretary by regulations may prescribe, as to
    whether Btu content per unit shall be determined for purposes of
    this paragraph on a volume or weight basis.  Any such election -
        ''(i) shall apply to all production from a facility; and
        ''(ii) shall be effective for the taxable year with respect to
      which it is made and for all subsequent taxable years and, once
      made, may be revoked only with the consent of the Secretary.''
      Subsec. (c)(5). Pub. L. 101-508, Sec. 11816(b)(1), struck out
    par. (5) ''Agricultural byproduct steam'' which read as follows:
    ''Steam produced from solid agricultural byproducts which is used
    by the taxpayer in his trade or business shall be treated as having
    been sold by the taxpayer to an unrelated person on the date on
    which it is used.''
      Subsec. (d)(4). Pub. L. 101-508, Sec. 11816(b)(2), amended par.
    (4) generally, striking out ''Special rules applicable to'' before
    ''Gas'' in heading, redesignating former subpar. (A) as par. (4),
    striking out subpar. (B) which related to the reference price and
    application of phaseout for Devonian shale, and making minor
    changes in phraseology.
      Subsec. (d)(5), (6). Pub. L. 101-508, Sec. 11816(b)(3), (4),
    redesignated par. (6) as (5), substituted ''subparagraph (C)'' for
    ''subparagraph (C), (D), or (E)'', and struck out former par. (5)
    which read as follows: ''In the case of a facility for the
    production of -
        ''(A) qualifying processed wood fuel,
      or
        ''(B) steam from solid agricultural byproducts,
    paragraph (1) of subsection (b) shall not apply with respect to the
    amount of the credit allowable under subsection (a) for fuels sold
    during the 3-year period beginning on the date the facility is
    placed in service.''
      Subsec. (d)(7) to (9). Pub. L. 101-508, Sec. 11816(b)(3),
    redesignated pars. (7) to (9) as (6) to (8), respectively.
      Subsec. (f). Pub. L. 101-508, Sec. 11816(b)(5), amended subsec.
    (f) generally, redesignating former par. (1) as subsec. (f), making
    minor changes in phraseology, substituting par. (2) for former par.
    (1)(B) which read as follows: ''which are sold after December 31,
    1979, and before January 1, 2003.'', and striking out former par.
    (2) which related to special rules applicable to qualified
    processed wood and solid agricultural byproduct steam.
      Subsec. (f)(1)(A)(i), (ii). Pub. L. 101-508, Sec. 11501(a)(1),
    substituted ''1993'' for ''1991''.
      Subsec. (f)(1)(B). Pub. L. 101-508, Sec. 11501(a)(2), substituted
    ''2003'' for ''2001''.
      1988 - Subsec. (f)(1)(A)(i), (ii). Pub. L. 100-647 substituted
    ''1991'' for ''1990''.
      1986 - Subsec. (b)(5). Pub. L. 99-514, Sec. 701(c)(3), amended
    par. (5) generally.  Prior to amendment, par. (5) read as follows:
    ''The credit allowed by subsection (a) for a 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 sections 27 and 28.''
      Subsec. (d)(8). Pub. L. 99-514, Sec. 1879(c)(1), inserted
    provision directing that a corporation which is a member of an
    affiliated group of corporations filing a consolidated return shall
    be treated as selling qualified fuels to an unrelated person if
    such fuels are sold to such person by another member of such group.
      1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44D of
    this title as this section.
      Subsec. (b)(1)(A). Pub. L. 98-369, Sec. 722(d)(1), substituted
    ''in which the sale occurs'' for ''in which the taxable year
    begins''.
      Subsec. (b)(2). Pub. L. 98-369, Sec. 722(d)(2), substituted ''in
    which the sale occurs'' for ''in which a taxable year begins''.
      Subsec. (b)(5). Pub. L. 98-369, Sec. 612(e)(1), substituted
    ''section 26(b)'' for ''section 25(b)''.
      Pub. L. 98-369, Sec. 474(h), amended par. (5) 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 sections 27 and 28''
    for ''shall not exceed the tax imposed by this chapter for such
    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)''.
      1983 - Subsec. (f)(1)(B), (2)(A)(i). Pub. L. 97-448 substituted
    ''December 31, 1979'' for ''December 3, 1979''.
      1982 - Subsec. (d)(9). 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). Pub. L. 97-34 substituted provisions
    respecting application with the Natural Gas Policy Act of 1978 for
    prior provision reading ''If the taxpayer makes an election under
    section 107(d) of the Natural Gas Policy Act of 1978 to have
    subsections (a) and (b) of section 107 of that Act, and subtitle B
    of title I of that Act, apply with respect to gas described in
    subsection (c)(1)(B)(i) produced from any well on a property, then
    the credit allowable by subsection (a) shall not be allowed with
    respect to any gas produced on that property.''

                      EFFECTIVE DATE OF 2006 AMENDMENT
2006 - Tax Relief and Health Care Act of 2006 (P.L. 109-432)
SEC. 211(c) <<NOTE: 26 USC 45K note.>> Effective Date.--The amendments made 
by this section shall take effect as if included in section 1321 of the 
Energy Policy Act of 2005.

                      EFFECTIVE DATE OF 1996 AMENDMENT
      Section 1205(e) of Pub. L. 104-188 provided that: ''The
    amendments made by this section (amending this section and sections
    30, 38, 39, 45C, 53, 55, and 280C of this title) shall apply to
    amounts paid or incurred in taxable years ending after June 30,
    1996.''
      Section 1207(b) of Pub. L. 104-188 provided that: ''The amendment
    made by this section (amending this section) shall take effect on
    the date of the enactment of this Act (Aug. 20, 1996).''
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 11501(b)(2) of Pub. L. 101-508 provided that: ''The
    amendment made by paragraph (1) (amending this section) shall apply
    to gas produced after December 31, 1990.''
      Section 11501(c)(2) of Pub. L. 101-508 provided that: ''The
    amendment made by paragraph (1) (amending this section) shall apply
    to taxable years beginning after December 31, 1990.''
      Section 11813(c) of Pub. L. 101-508 provided that:
      ''(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section (enacting section 50 of this title
    and amending this section and sections 38, 42, 46 to 49, 52, 55,
    108, 145, 147, 168, 170, 179, 196, 280F, 312, 465, 469, 861, 865,
    1016, 1033, 1245, 1274A, 1371, 1388 and 1503 of this title) shall
    apply to property placed in service after December 31, 1990.
      ''(2) Exceptions. - The amendments made by this section shall not
    apply to -
        ''(A) any transition property (as defined in section 49(e) of
      the Internal Revenue Code of 1986 (as in effect on the day before
      the date of the enactment of this Act (Nov. 5, 1990)),
        ''(B) any property with respect to which qualified progress
      expenditures were previously taken into account under section
      46(d) of such Code (as so in effect), and
        ''(C) any property described in section 46(b)(2)(C) of such
      Code (as so in effect).''
      Section 11821(a) of Pub. L. 101-508 provided that: ''Except as
    otherwise provided in this part, the amendments made by this part
    (part I (Sec. 11801-11821) of subtitle H of title XI of Pub. L.
    101-508, see Tables for classification) shall take effect on the
    date of the enactment of this Act (Nov. 5, 1990).''
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 701(c)(3) 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.
      Section 1879(c)(2) of Pub. L. 99-514 provided that: ''The
    amendment made by paragraph (1) (amending this section) shall take
    effect as if included in the amendments made by section 231 of
    Public Law 96-223 (see Effective Date note below).''
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by section 474(h) 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 Dec. 31, 1984, on indebtedness
    incurred after Dec. 31, 1984, see section 612(g) of Pub. L. 98-369,
    set out as an Effective Date note under section 25 of this title.
      Section 722(d)(3) of Pub. L. 98-369 provided that: ''The
    amendments made by this subsection (amending this section) shall
    apply to taxable years ending after December 31, 1979.''
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 97-448 effective, except as otherwise
    provided, as if it had been included in the provision of the Crude
    Oil Windfall Profit Tax Act of 1980, Pub. L. 96-223 to which such
    amendment relates, see section 203(a) of Pub. L. 97-448, set out as
    a note under section 6652 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
      Section 611(b) of Pub. L. 97-34 provided that: ''The amendment
    made by this section (amending this section) shall apply to taxable
    years ending after December 31, 1979.''
                               EFFECTIVE DATE
      Section 231(c) of Pub. L. 96-223 provided that: ''The amendments
    made by this section (enacting this section and amending section
    6096 of this title) shall apply to taxable years ending after
    December 31, 1979.''
                             SAVINGS PROVISION
      Section 11821(b) of Pub. L. 101-508 provided that: ''If -
        ''(1) any provision amended or repealed by this part (part I
      (Sec. 11801-11821) of subtitle H of title XI of Pub. L. 101-508,
      see Tables for classification) applied to -
          ''(A) any transaction occurring before the date of the
        enactment of this Act (Nov. 5, 1990),
          ''(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 made
      by this part) affect liability for tax for periods ending after
      such date of enactment,
    nothing in the amendments made by this part 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.''
     APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION
                   TO TREATY OBLIGATIONS OF UNITED STATES
      For applicability of amendment by section 701(c)(3) 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.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 30, 43, 53, 55, 613A, 772
    of this title; title 42 section 13317.
 

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