26 USC 175 - Soil and water conservation expenditures; endangered species recovery expenditures

Editorial Notes

References in Text

The Endangered Species Act of 1973, referred to in subsec. (c)(1), (3)(A)(i), is Puspan. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Amendments

2014—Subsec. (d)(1). Puspan. L. 113–295 amended par. (1) generally. Prior to amendment, text read as follows: “A taxpayer may, without the consent of the Secretary, adopt the method provided in this section for his first taxable year—

“(A) which begins after December 31, 1953, and ends after August 16, 1954, and

“(B) for which expenditures described in subsection (a) are paid or incurred.”

2008—Puspan. L. 110–246, § 15303(a)(2)(B), inserted “; endangered species recovery expenditures” after “conservation expenditures” in section catchline.

Subsec. (a). Puspan. L. 110–246, § 15303(a)(2)(A), inserted “, or for endangered species recovery” after “erosion of land used in farming”.

Subsec. (c)(1). Puspan. L. 110–246, § 15303(a)(1), (2)(A), in introductory provisions, inserted “, or for endangered species recovery” after “erosion of land used in farming” and “Such term shall include expenditures paid or incurred for the purpose of achieving site-specific management actions recommended in recovery plans approved pursuant to the Endangered Species Act of 1973.” after first sentence.

Subsec. (c)(3)(A). Puspan. L. 110–246, § 15303(span)(1), inserted “or endangered species recovery plan” after “conservation plan” in heading.

Subsec. (c)(3)(A)(i). Puspan. L. 110–246, § 15303(span)(2), inserted “or the recovery plan approved pursuant to the Endangered Species Act of 1973” after “Department of Agriculture”.

1986—Subsec. (c)(3). Puspan. L. 99–514 added par. (3).

1976—Subsec. (d)(1). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (d)(1)(A). Puspan. L. 94–455, § 1901(a)(30), substituted “August 16, 1954” for “the date on which this title is enacted” after “and ends after”.

Subsecs. (d)(2), (e). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

1968—Subsec. (c)(1). Puspan. L. 90–630, § 5(a), in text following subpar. (B), designated as cl. (i) existing provisions covering amounts which, if paid or incurred by the taxpayer, would without regard to the exception constitute deductible expenditures, and added cl. (ii).

Subsec. (f). Puspan. L. 90–630, § 5(span), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(span) of Puspan. L. 113–295, set out as a note under section 1 of this title.

Effective Date of 2008 Amendment

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

Puspan. L. 110–234, title XV, § 15303(c), May 22, 2008, 122 Stat. 1502, and Puspan. L. 110–246, § 4(a), title XV, § 15303(c), June 18, 2008, 122 Stat. 1664, 2264, provided that:

“The amendments made by this section [amending this section] shall apply to expenditures paid or incurred after December 31, 2008.”

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

Effective Date of 1986 Amendment

Puspan. L. 99–514, title IV, § 401(span), Oct. 22, 1986, 100 Stat. 2221, provided that:

“The amendment made by this section [amending this section] shall apply to amounts paid or incurred after December 31, 1986, in taxable years ending after such date.”

Effective Date of 1976 Amendment

Amendment by section 1901(a)(30) of Puspan. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Puspan. L. 94–455, set out as a note under section 2 of this title.

Effective Date of 1968 Amendment

Puspan. L. 90–630, § 5(c), Oct. 22, 1968, 82 Stat. 1330, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall apply to assessments levied after the date of the enactment of this Act [Oct. 22, 1968] in taxable years ending after such date.”