Internal Revenue Code · 26 U.S.C.

§ 45O. Agricultural chemicals security credit

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. § 45O

At a glance

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

Status: In force
Added: May 22, 2008 by Pub. L. 110–234
Last amended: June 18, 2008 by Pub. L. 110–246
Amendments: 1 dated changes in the source credit
Length: 9 subsections · 591 words · about 3 min to read
Defines: 3 terms
Cross-references: cites 2; cited by 2 Code sections and 0 other regulations

¶(a) In general

For purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 30 percent of the qualified security expenditures for the taxable year.

¶(b) Facility limitation The amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed—

¶(1) $100,000, reduced by

¶(2) the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years.

¶(c) Annual limitation

The amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000.

¶(d) Qualified chemical security expenditure For purposes of this section, the term “qualified chemical security expenditure” means, with respect to any eligible agricultural business for any taxable year, any amount paid or incurred by such business during such taxable year for—

¶(1) employee security training and background checks,

¶(2) limitation and prevention of access to controls of specified agricultural chemicals stored at the facility,

¶(3) tagging, locking tank valves, and chemical additives to prevent the theft of specified agricultural chemicals or to render such chemicals unfit for illegal use,

¶(4) protection of the perimeter of specified agricultural chemicals,

¶(5) installation of security lighting, cameras, recording equipment, and intrusion detection sensors,

¶(6) implementation of measures to increase computer or computer network security,

¶(7) conducting a security vulnerability assessment,

¶(8) implementing a site security plan, and

¶(9) such other measures for the protection of specified agricultural chemicals as the Secretary may identify in regulation.

Amounts described in the preceding sentence shall be taken into account only to the extent that such amounts are paid or incurred for the purpose of protecting specified agricultural chemicals.

¶(e) Eligible agricultural business For purposes of this section, the term “eligible agricultural business” means any person in the trade or business of—

¶(1) selling agricultural products, including specified agricultural chemicals, at retail predominantly to farmers and ranchers, or

¶(2) manufacturing, formulating, distributing, or aerially applying specified agricultural chemicals.

¶(f) Specified agricultural chemical For purposes of this section, the term “specified agricultural chemical” means—

¶(1) any fertilizer commonly used in agricultural operations which is listed under—

¶(A) section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986,

¶(B) section 101 of part 172 of title 49, Code of Federal Regulations, or

¶(C) part 126, 127, or 154 of title 33, Code of Federal Regulations, and

¶(2) any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on crops grown for food, feed, or fiber.

¶(g) Controlled groups

Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section.

¶(h) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which—

¶(1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified agricultural chemical and for other purposes, and

¶(2) provide for the treatment of related properties as one facility for purposes of subsection (b).

¶(i) Termination

This section shall not apply to any amount paid or incurred after December 31, 2012.

(Added Pub. L. 110–234, title XV, § 15343(a), May 22, 2008, 122 Stat. 1518, and Pub. L. 110–246, § 4(a), title XV, § 15343(a), June 18, 2008, 122 Stat. 1664, 2280.)

Terms defined here

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

eligible agricultural business § 45O(e)
qualified chemical security expenditure § 45O(d)
specified agricultural chemical § 45O(f)

Cross-references

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

This section cites 2 other sections

Cited by 2 Code sections

Amendment history

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

June 18, 2008Amended by Pub. L. 110–246
May 22, 2008Added by Pub. L. 110–234

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

Section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, referred to in subsec. (f)(1)(A), is classified to section 11002(a)(2) of Title 42, The Public Health and Welfare.

Section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (f)(2), is classified to section 136(u) of Title 7, Agriculture.

Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.

Section applicable to amounts paid or incurred after June 18, 2008, see section 15343(e) of Pub. L. 110–246, set out as an Effective Date of 2008 Amendment note under section 38 of this title.