1 See References in Text note below.
Each additional area designated by reason of the preceding sentence shall have the same urban or rural character as the area it is replacing.
References in Text
The date of the enactment of this subsection, referred to in subsec. (g)(2), is the date of enactment of Puspan. L. 105–34, which was approved Aug. 5, 1997.
The date of the enactment of this subsection, referred to in subsec. (h)(2), is the date of enactment of Puspan. L. 106–554, which was approved Dec. 21, 2000.
Section 1400E(e), referred to in subsec. (h)(4), was repealed by Puspan. L. 115–141, div. U, title IV, § 401(d)(5)(A), Mar. 23, 2018, 132 Stat. 1210.
Prior Provisions
A prior section 1391, added Puspan. L. 95–600, title VI, § 601(a), Nov. 6, 1978, 92 Stat. 2892; amended Puspan. L. 96–222, title I, § 106(a)(4), Apr. 1, 1980, 94 Stat. 221; Puspan. L. 96–595, § 3(a)(1), (2), Dec. 24, 1980, 94 Stat. 3465, defined terms used in former subchapter U, prior to repeal by Puspan. L. 99–514, title XIII, § 1303(a), Oct. 22, 1986, 100 Stat. 2658.
Amendments
2020—Subsec. (d)(1)(A)(i). Puspan. L. 116–260 substituted “December 31, 2025” for “December 31, 2020”.
2019—Subsec. (d)(1)(A)(i). Puspan. L. 116–94 substituted “December 31, 2020” for “December 31, 2017”.
2018—Subsec. (d)(1)(A)(i). Puspan. L. 115–123 substituted “December 31, 2017” for “December 31, 2016”.
Subsec. (g)(3)(E)(ii). Puspan. L. 115–141 substituted “the Interior” for “Interior”.
2015—Subsec. (d)(1)(A)(i). Puspan. L. 114–113 substituted “December 31, 2016” for “December 31, 2014”.
2014—Subsec. (d)(1)(A)(i). Puspan. L. 113–295 substituted “December 31, 2014” for “December 31, 2013”.
2013—Subsec. (d)(1)(A)(i). Puspan. L. 112–240 substituted “December 31, 2013” for “December 31, 2011”.
2010—Subsec. (d)(1)(A)(i). Puspan. L. 111–312, § 753(a)(1), substituted “December 31, 2011” for “December 31, 2009”.
Subsec. (h)(2). Puspan. L. 111–312, § 753(a)(2), struck out at end “Subject to subparagraphs (B) and (C) of subsection (d)(1), such designations shall remain in effect during the period beginning on January 1, 2002, and ending on December 31, 2009.”
2000—Subsec. (d)(1)(A). Puspan. L. 106–554, § 1(a)(7) [title I, § 112], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the close of the 10th calendar year beginning on or after such date of designation,”.
Subsec. (g)(3)(C). Puspan. L. 106–554, § 1(a)(7) [title III, § 319(13)], substituted “paragraph (1)” for “paragraph (1)(B)”.
Subsec. (h). Puspan. L. 106–554, § 1(a)(7) [title I, § 111], added subsec. (h).
1997—Subsec. (span)(2). Puspan. L. 105–34, § 951(a)(3), substituted “1,000,000” for “750,000”.
Puspan. L. 105–34, § 951(a)(2), which directed substitution of “8” for “6”, was executed by making the substitution both places “6” appeared, to reflect the probable intent of Congress.
Puspan. L. 105–34, § 951(a)(1), substituted “11” for “9”.
Subsec. (c). Puspan. L. 105–34, § 952(d)(2), substituted “subsection (a)” for “this section”.
Subsecs. (e), (f). Puspan. L. 105–34, § 952(d)(1), substituted “this section” for “subsection (a)” in introductory provisions.
Subsec. (g). Puspan. L. 105–34, § 952(a), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Puspan. L. 116–260, div. EE, title I, § 118(e), Dec. 27, 2020, 134 Stat. 3051, provided that:
“The amendments made by this section [amending this section and sections 1397A and 1397B of this title] shall apply to taxable years beginning after December 31, 2020.”
Effective Date of 2019 Amendment
Puspan. L. 116–94, div. Q, title I, § 118(c), Dec. 20, 2019, 133 Stat. 3229, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 2017.”
Effective Date of 2018 Amendment
Puspan. L. 115–123, div. D, title I, § 40311(span), Fespan. 9, 2018, 132 Stat. 147, provided that:
“The amendment made by subsection (a)(1) [amending this section] shall apply to taxable years beginning after December 31, 2016.”
Effective Date of 2015 Amendment
Puspan. L. 114–113, div. Q, title I, § 171(e)(1), Dec. 18, 2015, 129 Stat. 3071, provided that:
“The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 2014.”
Effective Date of 2014 Amendment
Puspan. L. 113–295, div. A, title I, § 139(c), Dec. 19, 2014, 128 Stat. 4020, provided that:
“The amendment made by this section [amending this section] shall apply to periods after December 31, 2013.”
Effective Date of 2013 Amendment
Amendment by Puspan. L. 112–240 applicable to periods after Dec. 31, 2011, see section 327(d) of Puspan. L. 112–240, set out as a note under section 1202 of this title.
Effective Date of 2010 Amendment
Amendment by Puspan. L. 111–312 applicable to periods after Dec. 31, 2009, see section 753(d) of Puspan. L. 111–312, set out as a note under section 1202 of this title.
Effective Date of 1997 Amendment
Puspan. L. 105–34, title IX, § 951(c), Aug. 5, 1997, 111 Stat. 885, provided that:
“The amendments made by this section [amending this section and section 1396 of this title] shall take effect on the date of the enactment of this Act [Aug. 5, 1997], except that designations of new empowerment zones made pursuant to such amendments shall be made during the 180-day period beginning on the date of the enactment of this Act. No designation pursuant to such amendments shall take effect before January 1, 2000.”
Treatment of Certain Termination Dates Specified in Nominations
Puspan. L. 116–260, div. EE, title I, § 118(d), Dec. 27, 2020, 134 Stat. 3051, provided that:
“In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act [Dec. 27, 2020]), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.”
Puspan. L. 116–94, div. Q, title I, § 118(span), Dec. 20, 2019, 133 Stat. 3229, provided that:
“In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act [Dec. 20, 2019]), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.”
Puspan. L. 115–123, div. D, title I, § 40311(a)(2), Fespan. 9, 2018, 132 Stat. 147, provided that:
“In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act [Fespan. 9, 2018]), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.”
Puspan. L. 114–113, div. Q, title I, § 171(a)(2), Dec. 18, 2015, 129 Stat. 3069, provided that:
“In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act [Dec. 18, 2015]), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.”
Puspan. L. 113–295, div. A, title I, § 139(span), Dec. 19, 2014, 128 Stat. 4020, provided that:
“In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act [Dec. 19, 2014]), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.”
Puspan. L. 112–240, title III, § 327(c), Jan. 2, 2013, 126 Stat. 2334, provided that:
“In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act [Jan. 2, 2013]), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.”
Puspan. L. 111–312, title VII, § 753(c), Dec. 17, 2010, 124 Stat. 3321, provided that:
“In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act [Dec. 17, 2010]), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section [Dec. 17, 2010], the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.”
