WHAT THE LAW DOINCongress, in plain words

The law › Title 26, Internal Revenue Code › Chapter 1

26 U.S.C. 263A: Capitalization and inclusion in inventory costs of certain expenses

Created in 1986 by Public Law 99-514. Changed by 9 later laws. 1 new law this Congress changed it.

2 parts of federal rules cite it as their authority, written by Internal Revenue Service, Department of the Treasury (2).

This Congress

  • H.R. 1 An act to provide for reconciliation pursuant to title II of H. Con. Res. 14. · became law · changed (c)

How it got here

2020

  • Pub. L. 116–260 amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) and (B) relating to exemption for aging process of beer, wine, and distilled spirits, and termination of such exemption after Dec. 31, 2020, respectively. (Consolidated Appropriations Act, 2021) Law text · (f)

2019

  • Pub. L. 116–94 substituted "December 31, 2020" for "December 31, 2019". (Further Consolidated Appropriations Act, 2020) Law text · (f)

2017

  • Pub. L. 115–97, §13102(b)(2), amended par. (2) generally. Prior to amendment, par. (2) related to property acquired for resale. Law text · (b)
  • Pub. L. 115–97, §13207(a), added subpar. (C). Law text · (d)
  • Pub. L. 115–97, §13801(a), added par. (4) and redesignated former par. (4) as (5). Law text · (f), (5)
  • Pub. L. 115–97, §13801(b), inserted "except as provided in paragraph (4)," before "ending on the date". Law text · (f)
  • Pub. L. 115–97, §13102(b)(1), added subsec. (i) and redesignated former subsec. (i) as (j). Law text · (i), (j)

2015

  • Pub. L. 114–113 added par. (7). (Consolidated Appropriations Act, 2016) Law text · (c)

2005

  • Pub. L. 109–58 inserted "167(h)," after "under section". (Energy Policy Act of 2005) Law text · (c)

2004

  • Pub. L. 108–357, which directed amendment of par. (3) by inserting "179B," after "section", was executed by making the insertion after "section" the second place it appeared to reflect the probable intent of Congress. (American Jobs Creation Act of 2004) Law text · (c)

1999

  • Pub. L. 106–170 substituted "1221(a)(1)" for "1221(1)". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (b)

1989

  • Pub. L. 101–239 substituted "corporations" for "personal service corporations" in heading and amended text generally. Prior to amendment, text read as follows: · (h)

1988

  • Pub. L. 100–647, §1008(b)(1), inserted at end "Any cost which (but for this subsection) could not be taken into account in computing taxable income for any taxable year shall not be treated as a cost described in this paragraph." · (a)
  • Pub. L. 100–647, §1008(b)(2)(A), substituted "section 263(c), 263(i), 291(b)(2), 616, or 617" for "section 263(c), 616(a), or 617(a)". · (c)
  • Pub. L. 100–647, §1008(b)(2)(B), added par. (6). · (c)
  • Pub. L. 100–647, §6026(b)(2)(A), substituted "Section not to apply to certain property" for "Section to apply only if preproductive period is more than 2 years" in heading. · (d)
  • Pub. L. 100–647, §6026(b)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "This section shall not apply to any plant or animal which is produced by the taxpayer in a farming business and which has a preproductive period of 2 years or less." · (d)
  • Pub. L. 100–647, §1008(b)(3)(A), substituted "the plants described in subparagraph (A) at all times during the taxable year in which such amounts were paid or incurred" for "such grove, orchard, or vineyard". · (d)
  • Pub. L. 100–647, §1008(b)(3)(B), substituted "the plants described in subparagraph (A) during the taxable year in which such amounts were paid or incurred" for "such grove, orchard, or vineyard during the 4-taxable year period beginning with the taxable year in which the grov… · (d)
  • Pub. L. 100–647, §6026(b)(2)(B), struck out "or animal" after "plant". · (d)
  • Pub. L. 100–647, §6026(c), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "No election may be made under this paragraph— · (d)
  • Pub. L. 100–647, §6026(b)(2)(B), struck out "or animal" after "plant" wherever appearing in pars. (1), (3), and (5). · (e)
  • Pub. L. 100–647, §1008(b)(4), substituted "allocable (as determined under paragraph (2)) to" for "incurred or continued in connection with" and inserted "(as so determined)" after "allocable". · (f)
  • Pub. L. 100–647, §6026(a), added subsec. (h) and redesignated former subsec. (h) as (i). · (h), (i)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.