Internal Revenue Code · 26 U.S.C.

§ 179B. Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations

In force Text current through Public Law 119-121 (October 9, 2026) release point 119-121

Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).

Cite as 26 U.S.C. § 179B

At a glance

Read from the text, the source credit and the official notes. Not part of the law.

Status: In force
Added: October 22, 2004 by Pub. L. 108–357
Last amended: December 29, 2007 by Pub. L. 110–172
Amendments: 2 dated changes in the source credit
Length: 5 subsections · 495 words · about 2 min to read
Cross-references: cites 5; cited by 3 Code sections and 2 other regulations
Regulations: 1 issued under this section

¶(a) Allowance of deduction

In the case of a small business refiner (as defined in section 45H(c)(1)) which elects the application of this section, there shall be allowed as a deduction an amount equal to 75 percent of qualified costs (as defined in section 45H(c)(2)) which are paid or incurred by the taxpayer during the taxable year and which are properly chargeable to capital account.

¶(b) Reduced percentage

In the case of a small business refiner with average daily domestic refinery runs for the 1-year period ending on December 31, 2002, in excess of 155,000 barrels, the number of percentage points described in subsection (a) shall be reduced (not below zero) by the product of such number (before the application of this subsection) and the ratio of such excess to 50,000 barrels.

¶(c) Basis reduction

¶(1) In general

For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a).

¶(2) Ordinary income recapture

For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.

¶(d) Coordination with other provisions

Section 280B shall not apply to amounts which are treated as expenses under this section.

¶(e) Election to allocate deduction to cooperative owner

¶(1) In general If—

¶(A) a small business refiner to which subsection (a) applies is an organization to which part I of subchapter T applies, and

¶(B) one or more persons directly holding an ownership interest in the refiner are organizations to which part I of subchapter T apply,

the refiner may elect to allocate all or a portion of the deduction allowable under subsection (a) to such persons. Such allocation shall be equal to the person’s ratable share of the total amount allocated, determined on the basis of the person’s ownership interest in the taxpayer. The taxable income of the refiner shall not be reduced under section 1382 by reason of any amount to which the preceding sentence applies.

¶(2) Form and effect of election

An election under paragraph (1) 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.

¶(3) Written notice to owners

If any portion of the deduction available under subsection (a) is allocated to owners under paragraph (1), the cooperative shall provide any owner receiving an allocation written notice of the amount of the allocation. Such notice shall be provided before the date on which the return described in paragraph (2) is due.

(Added Pub. L. 108–357, title III, § 338(a), Oct. 22, 2004, 118 Stat. 1480; amended Pub. L. 109–58, title XIII, § 1324(a), Aug. 8, 2005, 119 Stat. 1015; Pub. L. 110–172, § 7(a)(3)(A), (C), Dec. 29, 2007, 121 Stat. 2482.)

Regulations under this section

Treasury regulations (26 CFR) issued under § 179B

§ 1.179B-1T Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations (temporary).

Cross-references

Computed from the citations in the text of Title 26 and 26 CFR.

This section cites 5 other sections

Cited by 3 Code sections

Cited in 2 regulations not issued under it

Amendment history

From the source credit and the official notes, newest first.

December 29, 2007Amended by Pub. L. 110–172Parts changed in 2007: (a)
August 8, 2005Amended by Pub. L. 109–58Parts changed in 2005: (e)
October 22, 2004Added by Pub. L. 108–357

Where it sits in the Code

Nearby sections

§ 177 Repealed
§ 178 Amortization of cost of acquiring a lease
§ 179 Election to expense certain depreciable business assets
§ 179A Repealed
§ 179B Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations
§ 179C Election to expense certain refineries
§ 179D Energy efficient commercial buildings deduction
§ 179E Election to expense advanced mine safety equipment
§ 180 Expenditures by farmers for fertilizer, etc.

Official notes

Show the Law Revision Counsel's notes (amendments, effective dates)

Editorial Notes

Amendments

2007—Subsec. (a). Pub. L. 110–172 substituted “qualified costs” for “qualified capital costs” and inserted “and which are properly chargeable to capital account” before period at end.

2005—Subsec. (e). Pub. L. 109–58 added subsec. (e).

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–172 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 7(e) of Pub. L. 110–172, set out as a note under section 1092 of this title.

Effective Date of 2005 Amendment

Pub. L. 109–58, title XIII, § 1324(b), Aug. 8, 2005, 119 Stat. 1015, provided that: “The amendment made by this section [amending this section] shall take effect as if included in the amendment made by section 338(a) of the American Jobs Creation Act of 2004 [Pub. L. 108–357, enacting this section].”

Effective Date

Pub. L. 108–357, title III, § 338(c), Oct. 22, 2004, 118 Stat. 1481, provided that: “The amendment made by this section [enacting this section and amending sections 263, 263A, 312, 1016, and 1245 of this title] shall apply to expenses paid or incurred after December 31, 2002, in taxable years ending after such date.”