§ 196. Deduction for certain unused business credits
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(a) |
Allowance of deduction |
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If any portion of the qualified business credits determined for any taxable year has not, after the application of section 38(c), been allowed to the taxpayer as a credit under section 38 for any taxable year, an amount equal to the credit not so allowed shall be allowed to the taxpayer as a deduction for the first taxable year following the last taxable year for which such credit could, under section 39, have been allowed as a credit. |
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(b) |
Taxpayer's dying or ceasing to exist |
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If a taxpayer dies or ceases to exist before the first taxable year following the last taxable year for which the qualified business credits could, under section 39, have been allowed as a credit, the amount described in subsection (a) (or the proper portion thereof) shall, under regulations prescribed by the Secretary, be allowed to the taxpayer as a deduction for the taxable year in which such death or cessation occurs. |
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(c) |
Qualified business credits |
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For purposes of this section, the term "qualified business credits" means - |
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(1) |
the investment credit determined under section 46 (but only to the extent attributable to property the basis of which is reduced by section 50(c)), |
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(2) |
the work opportunity credit determined under section 51(a), |
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(3) |
the alcohol fuels credit determined under section 40(a), |
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(4) |
the research credit determined under section 41(a) (other than such credit determined under section 280C(c)(3)) for taxable years beginning after December 31, 1988, |
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(5) |
the enhanced oil recovery credit determined under section 43(a), |
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(6) |
the empowerment zone employment credit determined under section 1396(a), |
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(7) |
the Indian employment credit determined under section 45A(a), |
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(8) |
the employer Social Security credit determined under section 45B(a), |
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(9) |
the new markets tax credit determined under section 45D(a), |
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(10) |
the small employer pension plan startup cost credit determined under section 45E(a), |
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(11) |
the biodiesel fuels credit determined under section 40A(a), |
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(12) |
the low sulfur diesel fuel production credit determined under section 45H(a), and |
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(13) |
the new energy efficient home credit determined under section 45L(a). |
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(d) |
Special rule for investment tax credit and research credit |
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Subsection (a) shall be applied by substituting "an amount equal to 50 percent of" for "an amount equal to" in the case of - |
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(1) |
the investment credit determined under section 46 (other than the rehabilitation credit), and |
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(2) |
the research credit determined under section 41(a) for a taxable year beginning before January 1, 1990. |
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