Internal Revenue Code · 26 U.S.C.

§ 179E. Election to expense advanced mine safety equipment

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. § 179E

At a glance

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

Status: In force
Added: December 20, 2006 by Pub. L. 109–432
Last amended: February 9, 2018 by Pub. L. 115–123
Amendments: 6 dated changes in the source credit
Length: 7 subsections · 586 words · about 3 min to read
Defines: 2 terms
Cross-references: cites 1; cited by 1 Code section and 1 other regulation

¶(a) Treatment as expenses

A taxpayer may elect to treat 50 percent of the cost of any qualified advanced mine safety equipment property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified advanced mine safety equipment property is placed in service.

¶(b) Election

¶(1) In general

An election under this section for any taxable year shall be made on the taxpayer’s return of the tax imposed by this chapter for the taxable year. Such election shall specify the advanced mine safety equipment property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe.

¶(2) Election irrevocable

Any election made under this section may not be revoked except with the consent of the Secretary.

¶(c) Qualified advanced mine safety equipment property For purposes of this section, the term “qualified advanced mine safety equipment property” means any advanced mine safety equipment property for use in any underground mine located in the United States—

¶(1) the original use of which commences with the taxpayer, and

¶(2) which is placed in service by the taxpayer after the date of the enactment of this section.

¶(d) Advanced mine safety equipment property For purposes of this section, the term “advanced mine safety equipment property” means any of the following:

¶(1) Emergency communication technology or device which is used to allow a miner to maintain constant communication with an individual who is not in the mine.

¶(2) Electronic identification and location device which allows an individual who is not in the mine to track at all times the movements and location of miners working in or at the mine.

¶(3) Emergency oxygen-generating, self-rescue device which provides oxygen for at least 90 minutes.

¶(4) Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner on a shift, in the event of an accident or other event which traps the miner in the mine or otherwise necessitates the use of such a self-rescue device, the ability to survive for at least 48 hours.

¶(5) Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide, methane, and oxygen that are present in all areas of the mine and which can detect smoke in the case of a fire in a mine.

¶(e) Coordination with section 179

No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property specified in an election under section 179.

¶(f) Reporting

No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require.

¶(g) Termination

This section shall not apply to property placed in service after December 31, 2017.

(Added Pub. L. 109–432, div. A, title IV, § 404(a), Dec. 20, 2006, 120 Stat. 2955; amended Pub. L. 110–343, div. C, title III, § 311, Oct. 3, 2008, 122 Stat. 3869; Pub. L. 111–312, title VII, § 743(a), Dec. 17, 2010, 124 Stat. 3319; Pub. L. 112–240, title III, § 316(a), Jan. 2, 2013, 126 Stat. 2331; Pub. L. 113–295, div. A, title I, § 128(a), Dec. 19, 2014, 128 Stat. 4018; Pub. L. 114–113, div. Q, title I, § 168(a), Dec. 18, 2015, 129 Stat. 3067; Pub. L. 115–123, div. D, title I, § 40307(a), Feb. 9, 2018, 132 Stat. 146.)

Terms defined here

Where the text says “the term … means”. Select a term to jump to its definition.

advanced mine safety equipment property § 179E(d)
qualified advanced mine safety equipment property § 179E(c)

Cross-references

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

Amendment history

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

February 9, 2018Amended by Pub. L. 115–123Parts changed in 2018: (g)
December 18, 2015Amended by Pub. L. 114–113Parts changed in 2015: (g)
December 19, 2014Amended by Pub. L. 113–295Parts changed in 2014: (g)
January 2, 2013Amended by Pub. L. 112–240Parts changed in 2013: (g)
December 17, 2010Amended by Pub. L. 111–312Parts changed in 2010: (g)
October 3, 2008Amended by Pub. L. 110–343Parts changed in 2008: (g)
December 20, 2006Added by Pub. L. 109–432

Where it sits in the Code

Nearby sections

Official notes

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

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 109–432, which was approved Dec. 20, 2006.

Amendments

2018—Subsec. (g). Pub. L. 115–123 substituted “December 31, 2017” for “December 31, 2016”.

2015—Subsec. (g). Pub. L. 114–113 substituted “December 31, 2016” for “December 31, 2014”.

2014—Subsec. (g). Pub. L. 113–295 substituted “December 31, 2014” for “December 31, 2013”.

2013—Subsec. (g). Pub. L. 112–240 substituted “December 31, 2013” for “December 31, 2011”.

2010—Subsec. (g). Pub. L. 111–312 substituted “December 31, 2011” for “December 31, 2009”.

2008—Subsec. (g). Pub. L. 110–343 substituted “December 31, 2009” for “December 31, 2008”.

Effective Date of 2018 Amendment

Pub. L. 115–123, div. D, title I, § 40307(b), Feb. 9, 2018, 132 Stat. 146, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2016.”

Effective Date of 2015 Amendment

Pub. L. 114–113, div. Q, title I, § 168(b), Dec. 18, 2015, 129 Stat. 3067, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2014.”

Effective Date of 2014 Amendment

Pub. L. 113–295, div. A, title I, § 128(b), Dec. 19, 2014, 128 Stat. 4018, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2013.”

Effective Date of 2013 Amendment

Pub. L. 112–240, title III, § 316(b), Jan. 2, 2013, 126 Stat. 2331, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2011.”

Effective Date of 2010 Amendment

Pub. L. 111–312, title VII, § 743(b), Dec. 17, 2010, 124 Stat. 3319, provided that: “The amendment made by this section [amending this section] shall apply to property placed in service after December 31, 2009.”

Effective Date

Pub. L. 109–432, div. A, title IV, § 404(c), Dec. 20, 2006, 120 Stat. 2957, provided that: “The amendments made by this section [enacting this section and amending sections 263, 312, and 1245 of this title] shall apply to costs paid or incurred after the date of the enactment of this Act [Dec. 20, 2006].”