26 USC 617 - Deduction and recapture of certain mining exploration expenditures

U.S Code last checked for updates: Nov 22, 2024

§ 617.

Deduction and recapture of certain mining exploration expenditures

(a)

Allowance of deduction

(1)

General rule

(2)

Elections

(A)

Method

(B)

Time and scope

(C)

Deficiencies

(b)

Recapture on reaching producing stage

(1)

Recapture

If, in any taxable year, any mine with respect to which expenditures were deducted pursuant to subsection (a) reaches the producing stage, then—

(A)

If the taxpayer so elects with respect to all such mines reaching the producing stage during the taxable year, he shall include in gross income for the taxable year an amount equal to the adjusted exploration expenditures with respect to such mines, and the amount so included in income shall be treated for purposes of this subtitle as expenditures which (i) are paid or incurred on the respective dates on which the mines reach the producing stage, and (ii) are properly chargeable to capital account.

(B)

If subparagraph (A) does not apply with respect to any such mine, then the deduction for depletion under section 611 with respect to the property shall be disallowed until the amount of depletion which would be allowable but for this subparagraph equals the amount of the adjusted exploration expenditures with respect to such mine.

(2)

Elections

(A)

Method

(B)

Time and scope

(c)

Recapture in case of bonus or royalty

(d)

Gain from dispositions of certain mining property

(1)

General rule

Except as otherwise provided in this subsection, if mining property is disposed of the lower of—

(A)

the adjusted exploration expenditures with respect to such property, or

(B)

the excess of—

(i)

the amount realized (in the case of a sale, exchange, or involuntary conversion), or the fair market value (in the case of any other disposition), over

(ii)

the adjusted basis of such property,

shall be treated as ordinary income. Such gain shall be recognized notwithstanding any other provision of this subtitle.

(2)

Disposition of portion of property

For purposes of paragraph (1)—

(A)

In the case of the disposition of a portion of a mining property (other than an undivided interest), the entire amount of the adjusted exploration expenditures with respect to such property shall be treated as attributable to such portion to the extent of the amount of the gain to which paragraph (1) applies.

(B)

In the case of the disposition of an undivided interest in a mining property (or a portion thereof), a proportionate part of the adjusted exploration expenditures with respect to such property shall be treated as attributable to such undivided interest to the extent of the amount of the gain to which paragraph (1) applies.

This paragraph shall not apply to any expenditure to the extent the taxpayer establishes to the satisfaction of the Secretary that such expenditure relates neither to the portion (or interest therein) disposed of nor to any mine, in the property held by the taxpayer before the disposition, which has reached the producing stage.

(3)

Exceptions and limitations

(4)

Application of subsection

(5)

Coordination with section 1254

(e)

Basis of property

(1)

Basis

(2)

Adjustments

(f)

Definitions

For purposes of this section

(1)

Adjusted exploration expenditures

The term “adjusted exploration expenditures” means, with respect to any property or mine—

(A)

the amount of the expenditures allowed for the taxable year and all preceding taxable years as deductions under subsection (a) to the taxpayer or any other person which are properly chargeable to such property or mine and which (but for the election under subsection (a)) would be reflected in the adjusted basis of such property or mine, reduced by

(B)

for the taxable year and for each preceding taxable year, the amount (if any) by which (i) the amount which would have been allowable for percentage depletion under section 613 but for the deduction of such expenditures, exceeds (ii) the amount allowable for depletion under section 611,

properly adjusted for any amounts included in gross income under subsection (b) or (c) and for any amounts of gain to which subsection (d) applied.

(2)

Mining property

(3)

Disposal of coal or domestic iron ore with a retained economic interest

(g)

Special rules relating to partnership property

(1)

Property distributed to partner

(2)

Property retained by partnership

(h)

Special rules for foreign exploration

In the case of any expenditures paid or incurred before the development stage for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (other than an oil, gas, or geothermal well) located outside the United States—

(1)

subsection (a) shall not apply, and

(2)

such expenditures shall—

(A)

at the election of the taxpayer, be included in adjusted basis for purposes of computing the amount of any deduction allowable under section 611 (without regard to section 613), or

(B)

if subparagraph (A) does not apply, be allowed as a deduction ratably over the 10-taxable year period beginning with the taxable year in which such expenditures were paid or incurred.

(i)

Cross reference

(Added Pub. L. 89–570, § 1(a), Sept. 12, 1966, 80 Stat. 759; amended Pub. L. 91–172, title V, § 504(b), Dec. 30, 1969, 83 Stat. 632; Pub. L. 94–455, title XIX, §§ 1901(a)(89), (b)(3)(K), (21)(C)–(E), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1779, 1793, 1797, 1834; Pub. L. 97–248, title II, § 201(d)(9)(D), formerly § 201(c)(9)(D), § 224(c)(8), Sept. 3, 1982, 96 Stat. 420, 489, renumbered § 201(d)(9)(D), Pub. L. 97–448, title III, § 306(a)(1)(A)(i), Jan. 12, 1983, 96 Stat. 2400; Pub. L. 99–514, title IV, §§ 411(b)(2)(B), 413(b), Oct. 22, 1986, 100 Stat. 2226, 2228; Pub. L. 100–647, title I, § 1007(g)(7), Nov. 10, 1988, 102 Stat. 3435; Pub. L. 101–508, title XI, § 11801(a)(27), (c)(13), Nov. 5, 1990, 104 Stat. 1388–521, 1388–527.)

cite as: 26 USC 617