U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 26Subtitle AChapter 1Subchapter APart IVSubpart D
§ 45G.
Railroad track maintenance credit
(a)
General rule
(b)
Limitation
(1)
In general
The credit allowed under subsection (a) for any taxable year shall not exceed the product of—
(A)
$3,500, multiplied by
(B)
the sum of—
(i)
the number of miles of railroad track owned or leased by the eligible taxpayer as of the close of the taxable year, and
(ii)
the number of miles of railroad track assigned for purposes of this subsection to the eligible taxpayer by a Class II or Class III railroad which owns or leases such railroad track as of the close of the taxable year.
(2)
Assignments
With respect to any assignment of a mile of railroad track under paragraph (1)(B)(ii)—
(A)
such assignment may be made only once per taxable year of the Class II or Class III railroad and shall be treated as made as of the close of such taxable year,
(B)
such mile may not be taken into account under this section by such railroad for such taxable year, and
(C)
such assignment shall be taken into account for the taxable year of the assignee which includes the date that such assignment is treated as effective.
(c)
Eligible taxpayer
For purposes of this section, the term “eligible taxpayer” means—
(1)
any Class II or Class III railroad, and
(2)
any person who transports property using the rail facilities of a Class II or Class III railroad or who furnishes railroad-related property or services to a Class II or Class III railroad, but only with respect to miles of railroad track assigned to such person by such Class II or Class III railroad for purposes of subsection (b).
(d)
Qualified railroad track maintenance expenditures
(e)
Other definitions and special rules
(1)
Class II or Class III railroad
(2)
Controlled groups
(3)
Basis adjustment
(Added Pub. L. 108–357, title II, § 245(a), Oct. 22, 2004, 118 Stat. 1447; amended Pub. L. 109–135, title IV, § 403(f), Dec. 21, 2005, 119 Stat. 2623; Pub. L. 109–432, div. A, title IV, § 423(a), Dec. 20, 2006, 120 Stat. 2973; Pub. L. 110–343, div. C, title III, § 316(a), Oct. 3, 2008, 122 Stat. 3872; Pub. L. 111–312, title VII, § 734(a), Dec. 17, 2010, 124 Stat. 3318; Pub. L. 112–240, title III, § 306(a), Jan. 2, 2013, 126 Stat. 2329; Pub. L. 113–295, div. A, title I, § 116(a), Dec. 19, 2014, 128 Stat. 4014; Pub. L. 114–113, div. Q, title I, § 162(a), (b), Dec. 18, 2015, 129 Stat. 3066; Pub. L. 115–123, div. D, title I, § 40302(a), Feb. 9, 2018, 132 Stat. 145; Pub. L. 116–94, div. Q, title I, § 112(a), Dec. 20, 2019, 133 Stat. 3228; Pub. L. 116–260, div. EE, title I, § 105(a), (b), Dec. 27, 2020, 134 Stat. 3041.)
cite as: 26 USC 45G
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