Loopholes > Federal > Accelerated Amortization of Pollution Control Facilities
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Accelerated Amortization of Pollution Control Facilities

IRC §169

Allows taxpayers to elect to amortize the basis of certified pollution control facilities over a 60-month (or 84-month for certain coal-fired plants) period instead of longer standard depreciation schedules.

Eligibility

Applies to new identifiable treatment facilities used in connection with plants in operation before 1976, or certain atmospheric pollution control facilities for coal-fired plants placed in service after April 11, 2005.

Frequently Asked Questions

Who is eligible for the Accelerated Amortization of Pollution Control Facilities?

Applies to new identifiable treatment facilities used in connection with plants in operation before 1976, or certain atmospheric pollution control facilities for coal-fired plants placed in service after April 11, 2005.

How does the Accelerated Amortization of Pollution Control Facilities work?

Allows taxpayers to elect to amortize the basis of certified pollution control facilities over a 60-month (or 84-month for certain coal-fired plants) period instead of longer standard depreciation schedules.

What law authorizes the Accelerated Amortization of Pollution Control Facilities?

The Accelerated Amortization of Pollution Control Facilities is authorized under IRC §169 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §169

Source: Internal Revenue Code, Title 26, United States Code

§ 169. Amortization of pollution control facilities(a) Allowance of deductionEvery person, at his election, shall be entitled to a deduction with respect to the amortization of the amortizable basis of any certified pollution control facility (as defined in subsection (d)), based on a period of 60 months. Such amortization deduction shall be an amount, with respect to each month of such period within the taxable year, equal to the amortizable basis of the pollution control facility at the end of such month divided by the number of months (including the month for which the deduction is computed) remaining in the period. Such amortizable basis at the end of the month shall be computed without regard to the amortization deduction for such month. The amortization deduction provided by this section with respect to any month shall be in lieu of the depreciation deduction with respect to such pollution control facility for such month provided by section 167. The 60-month period shall begin, as to any pollution control facility, at the election of the taxpayer, with the month following the month in which such facility was completed or acquired, or with the succeeding taxable year. (b) Election of amortizationThe election of the taxpayer to take the amortization deduction and to begin the 60-month period with the month following the month in which the facility is completed or acquired, or with the taxable year succeeding the taxable year in which such facility is completed or acquired, shall be made by filing with the Secretary, in such manner, in such form, and within such time, as the Secretary may by regulations prescribe, a statement of such election. (c) Termination of amortization deductionA taxpayer which has elected under subsection (b) to take the amortization deduction provided in subsection (a) may, at any time after making such election, discontinue the amortization deduction with respect to the remainder of the amortization period, such discontinuance to begin as of the beginning of any month specified by the taxpayer in a notice in writing filed with the Secretary before the beginning of such month. The depreciation deduction provided under section 167 shall be allowed, beginning with the first month as to which the amortization deduction does not apply, and the taxpayer shall not be entitled to any further amortization deduction under this section with respect to such pollution control facility.

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