26 U.S.C. § 196
Deduction for certain unused business credits
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
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- Citation
- 26 U.S.C. § 196, Deduction for certain unused business credits, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462290
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Full text
If any portion of the qualified business credits determined for any taxable year has not, after the application of section 38(c), been allowed to the taxpayer as a credit under section 38 for any taxable year, an amount equal to the credit not so allowed shall be allowed to the taxpayer as a deduction for the first taxable year following the last taxable year for which such credit could, under section 39, have been allowed as a credit.
If a taxpayer dies or ceases to exist before the first taxable year following the last taxable year for which the qualified business credits could, under section 39, have been allowed as a credit, the amount described in subsection (a) (or the proper portion thereof) shall, under regulations prescribed by the Secretary, be allowed to the taxpayer as a deduction for the taxable year in which such death or cessation occurs.
For purposes of this section, the term “qualified business credits” means—
Subsection (a) shall be applied by substituting “an amount equal to 50 percent of” for “an amount equal to” in the case of the investment credit determined under section 46 (other than the rehabilitation credit).
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Tax Equity and Fiscal Responsibility Act of 1982House: no recorded tallySenate: no recorded tally
- Deficit Reduction Act of 1984House: no recorded tallySenate: no recorded tally
- Technical and Miscellaneous Revenue Act of 1988House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1989House: no recorded tallySenate: 87–7
- Omnibus Budget Reconciliation Act of 1990
- Omnibus Budget Reconciliation Act of 1993
- Small Business Job Protection Act of 1996
- Internal Revenue Service Restructuring and Reform Act of 1998
- Consolidated Appropriations Act, 2001
- Economic Growth and Tax Relief Reconciliation Act of 2001
- American Jobs Creation Act of 2004
- Energy Policy Act of 2005
- Patient Protection and Affordable Care Act
- Consolidated Appropriations Act, 2018House: 256–167Senate: no recorded tally