The date of the enactment of the Revenue Reconciliation Act of 1989, referred to in subsec. (e)(4), is the date of enactment of title VII of Pub. L. 101–239, which was approved
2018—Subsec. (b)(2)(A). Pub. L. 115–141 inserted comma after “first”.
2017—Subsec. (c)(6)(B)(ii). Pub. L. 115–97, § 13201(b)(2)(A), substituted “
Subsec. (e)(1)(B). Pub. L. 115–97, § 13102(d)(1)(A), in introductory provisions, inserted “(other than a tax shelter prohibited from using the cash receipts and disbursements method of accounting under section 448(a)(3))” after “taxpayer”.
Subsec. (e)(1)(B)(ii). Pub. L. 115–97, § 13102(d)(1)(B), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “whose average annual gross receipts for the 3 taxable years preceding the taxable year in which such contract is entered into do not exceed $10,000,000.”
Subsec. (e)(2). Pub. L. 115–97, § 13102(d)(2), added par. (2) and struck out former par. (2) which related to determination of taxpayer’s gross receipts.
Subsec. (e)(3) to (6). Pub. L. 115–97, § 13102(d)(2), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3) which related to controlled group of corporations.
2015—Subsec. (c)(6)(B)(ii). Pub. L. 114–113, § 143(b)(6)(I), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “is placed in service after
Subsec. (c)(6)(B)(ii). Pub. L. 114–113, § 143(a)(2), substituted “
2014—Subsec. (c)(6)(B)(ii). Pub. L. 113–295 substituted “
2013—Subsec. (c)(6)(B)(ii). Pub. L. 112–240 inserted “, or after
2010—Subsec. (c)(6). Pub. L. 111–240 added par. (6).
1997—Subsec. (b)(2)(C). Pub. L. 105–34, § 1211(b)(1), substituted “the adjusted overpayment rate (as defined in paragraph (7))” for “the overpayment rate established by section 6621”.
Subsec. (b)(6). Pub. L. 105–34, § 1211(a), added par. (6).
Subsec. (b)(7). Pub. L. 105–34, § 1211(b)(2), added par. (7).
1996—Subsec. (b)(1). Pub. L. 104–188, § 1704(t)(28), which directed that par. (1) be amended by substituting “the look-back method of paragraph (2)” for “the look-back method of paragraph (3)”, could not be executed, because that phrase does not appear in text. See 1989 Amendment note below.
Subsec. (e)(6)(B). Pub. L. 104–188, § 1702(h)(15), substituted “section 168(e)(2)(A)(ii)” for “section 167(k)”.
1990—Subsec. (e)(6)(A)(i). Pub. L. 101–508 substituted “section 168(e)(2)(A)(ii)” for “section 167(k)”.
1989—Subsec. (a). Pub. L. 101–239, § 7621(a), substituted “Requirement that percentage of completion method be used” for “Percentage of completion-capitalized cost method” in heading and amended text generally. Prior to amendment, text read as follows:
“(1)
“(A) 90 percent of the items with respect to such contract shall be taken into account under the percentage of completion method (as modified by subsection (b)), and
“(B) 10 percent of the items with respect to such contract shall be taken into account under the taxpayer’s normal method of accounting.
“(2) 90
Subsec. (a)(2). Pub. L. 101–239, § 7811(e)(1), inserted “(or, with respect to any amount properly taken into account after completion of the contract, when such amount is so properly taken into account)” after “any long-term contract”.
Subsec. (b)(1). Pub. L. 101–239, § 7621(c)(2)(A), substituted “paragraph (3)” for “paragraph (4)”.
Pub. L. 101–239, § 7621(c)(2)(B), which directed the amendment of par. (1) by substituting “paragraph (2)” for “paragraph (3)”, was executed by making the substitution in subpar. (B) and concluding provisions to reflect the probable intent of Congress.
Pub. L. 101–239, § 7621(c)(1), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: “
Subsec. (b)(2). Pub. L. 101–239, § 7621(c)(1), redesignated par. (3) as (2). Former par. (2) redesignated (1).
Pub. L. 101–239, § 7811(e)(4), (6), inserted two sentences at end.
Subsec. (b)(2)(B). Pub. L. 101–239, § 7811(e)(2), substituted “any amount properly taken into account” for “any amount received or accrued” and “is so properly taken into account” for “is so received or accrued”.
Subsec. (b)(3). Pub. L. 101–239, § 7621(c)(1), redesignated par. (4) as (3). Former par. (3) redesignated (2).
Pub. L. 101–239, § 7811(e)(3), in concluding provisions, substituted “any amount properly taken into account” for “any amount received or accrued” and “such amount was properly taken into account” for “such amount was received or accrued”.
Subsec. (b)(3)(B). Pub. L. 101–239, § 7621(c)(3), substituted “Paragraph (1)(B)” for “Paragraph (2)(B) and subsection (a)(2)” in introductory provisions.
Subsec. (b)(4). Pub. L. 101–239, § 7621(c)(1), redesignated par. (5) as (4). Former par. (4) redesignated (3).
Subsec. (b)(4)(A)(i). Pub. L. 101–239, § 7621(c)(4)(A), substituted “paragraph (2)” for “paragraph (3)”.
Subsec. (b)(4)(A)(ii). Pub. L. 101–239, § 7621(c)(4)(B), substituted “paragraph (2)(B)” for “paragraph (3)(B)” in introductory provisions.
Subsec. (b)(4)(A)(ii)(I). Pub. L. 101–239, § 7621(c)(4)(C), substituted “paragraph (2)(A)” for “paragraph (3)(A)”.
Subsec. (b)(4)(A)(iii). Pub. L. 101–239, § 7621(c)(4)(A), substituted “paragraph (2)” for “paragraph (3)” in two places.
Subsec. (b)(5). Pub. L. 101–239, § 7621(b), added par. (5).
Pub. L. 101–239, § 7621(c)(1), redesignated former par. (5) as (4).
Subsec. (e)(2)(C). Pub. L. 101–239, § 7811(e)(5), added subpar. (C).
Subsec. (e)(5). Pub. L. 101–239, § 7621(c)(5), inserted introductory provisions and struck out former introductory provisions which read as follows: “In the case of any residential construction contract which is not a home construction contract, subsection (a) shall be applied—”.
Subsec. (e)(6)(A). Pub. L. 101–239, § 7815(e)(1)(A), substituted “activities referred to in paragraph (4) with respect to” for “the building, construction, reconstruction, or rehabilitation of”.
Subsec. (e)(6)(A)(i). Pub. L. 101–239, § 7815(e)(1)(B), added cl. (i) and struck out former cl. (i) which read as follows: “dwelling units contained in buildings containing 4 or fewer dwelling units, and”.
1988—Subsec. (a)(1)(A). Pub. L. 100–647, § 5041(a)(1), substituted “90” for “70”.
Subsec. (a)(1)(B). Pub. L. 100–647, § 5041(a)(2), substituted “10” for “30”.
Subsec. (a)(2). Pub. L. 100–647, § 5041(a)(1), substituted “90” for “70” in heading and in text.
Subsec. (b)(2). Pub. L. 100–647, § 1008(c)(2)(B), substituted “Except as provided in paragraph (4), in” for “In”.
Subsec. (b)(2)(B). Pub. L. 100–647, § 1008(c)(4)(B), inserted “(or, with respect to any amount received or accrued after completion of the contract, when such amount is so received or accrued)” after “contract”.
Subsec. (b)(3). Pub. L. 100–647, § 1008(c)(4)(A), inserted at end “For purposes of the preceding sentence, any amount received or accrued after completion of the contract shall be taken into account by discounting (using the Federal mid-term rate determined under section 1274(d) as of the time such amount was received or accrued) such amount to its value as of the completion of the contract. The taxpayer may elect with respect to any contract to have the preceding sentence not apply to such contract.”
Pub. L. 100–647, § 1008(c)(1)(A), substituted “paragraph” for “subparagraph”.
Subsec. (b)(3)(B). Pub. L. 100–647, § 1008(c)(1)(B), substituted “subparagraph (A)” for “paragraph (1)” in two places.
Subsec. (b)(3)(C). Pub. L. 100–647, § 1008(c)(1)(C), substituted “subparagraph (B)” for “paragraph (1)”.
Subsec. (b)(4). Pub. L. 100–647, § 1008(c)(2)(A), added par. (4).
Subsec. (b)(5). Pub. L. 100–647, § 5041(d), added par. (5).
Subsec. (e)(1). Pub. L. 100–647, § 5041(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Subsections (a), (b), and (c)(1) and (2) shall not apply to any construction contract entered into by a taxpayer—
“(A) who estimates (at the time such contract is entered into) that such contract will be completed within the 2-year period beginning on the contract commencement date of such contract, and
“(B) whose average annual gross receipts for the 3 taxable years preceding the taxable year in which such contract is entered into do not exceed $10,000,000.”
Subsec. (e)(5). Pub. L. 100–647, § 5041(b)(2), added par. (5).
Subsec. (e)(6). Pub. L. 100–647, § 5041(b)(3), added par. (6).
Subsec. (h). Pub. L. 100–647, § 5041(c), added subsec. (h).
1987—Subsec. (a). Pub. L. 100–203 substituted “70 percent” for “40 percent” in par. (1)(A) and in heading and text of par. (2), and “30 percent” for “60 percent” in par. (1)(B).
Amendment by section 13102(d) of Pub. L. 115–97 applicable to taxable years beginning after
Amendment by section 13201 of Pub. L. 115–97 applicable to property acquired and placed in service after
Amendment by section 143(a)(2) of Pub. L. 114–113 applicable to property placed in service after
Amendment by section 143(b)(6)(I) of Pub. L. 114–113 applicable to property placed in service after
Amendment by Pub. L. 113–295 applicable to property placed in service after
Amendment by Pub. L. 112–240 applicable to property placed in service after
Pub. L. 111–240, title II, § 2023(b),
Pub. L. 105–34, title XII, § 1211(c),
Amendment by section 1702(h)(15) of Pub. L. 104–188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, Pub. L. 101–508, title XI, to which such amendment relates, see section 1702(i) of Pub. L. 104–188, set out as a note under section 38 of this title.
Amendment by Pub. L. 101–508 applicable to property placed in service after
Pub. L. 101–239, title VII, § 7621(d),
Amendment by sections 7811(e) and 7815(e)(1) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title.
Amendment by section 1008(c)(1), (2), (4) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Pub. L. 100–647, title V, § 5041(e),
Pub. L. 100–203, title X, § 10203(b),
Pub. L. 99–514, title VIII, § 804(d),
Pub. L. 99–514, title VIII, § 804(b),
For provisions that nothing in amendment by Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to
Pub. L. 108–357, title VII, § 708,
Allocable costs (within the meaning of subsec. (c) of this section) with respect to any property to include contributions paid to or under a pension or annuity plan whether or not such contributions represent past service costs, see section 10204 of Pub. L. 100–203, set out as a note under section 263A of this title.