Internal Revenue Code:Sec. 280B. Demolition of structures

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle A - Income Taxes
       CHAPTER 1 - NORMAL TAXES AND SURTAXES
        Subchapter B - Computation of Taxable Income
         PART IX - ITEMS NOT DEDUCTIBLE
       

Statute

    Sec. 280B. Demolition of structures
 
      In the case of the demolition of any structure -
        (1) no deduction otherwise allowable under this chapter shall
      be allowed to the owner or lessee of such structure for -
          (A) any amount expended for such demolition, or
          (B) any loss sustained on account of such demolition; and
        (2) amounts described in paragraph (1) shall be treated as
      properly chargeable to capital account with respect to the land
      on which the demolished structure was located.
 

Sources

    (Added Pub. L. 94-455, title XXI, Sec. 2124(b)(1), Oct. 4, 1976, 90
    Stat. 1918; amended Pub. L. 95-600, title VII, Sec. 701(f)(5), Nov.
    6, 1978, 92 Stat. 2902; Pub. L. 96-541, Sec. 2(b), Dec. 17, 1980,
    94 Stat. 3204; Pub. L. 97-34, title II, Sec. 212(d)(2)(C), Aug. 13,
    1981, 95 Stat. 239; Pub. L. 98-369, div.  A, title X, Sec. 1063(a),
    (b)(1), July 18, 1984, 98 Stat. 1047.)
 

Miscellaneous

                                 AMENDMENTS
      1984 - Pub. L. 98-369 struck out ''certain historic'' before
    ''structures'' in section catchline, struck out heading ''(a)
    General rule'', substituted ''In the case of the demolition of any
    structure'' for ''In the case of the demolition of a certified
    historic structure (as defined in 48(g)(3)(A))'' in text, and
    struck out subsecs. (b) and (c) which contained provisions relating
    to a special rule for registered historic districts and to the
    application of this section, respectively.
      1981 - Subsec. (a). Pub. L. 97-34, Sec. 212(d)(2)(C)(i),
    substituted ''48(g)(3)(A)'' for ''section 191(d)(1)'' in provisions
    preceding par. (1).
      Subsec. (b). Pub. L. 97-34, Sec. 212(d)(2)(C)(ii), substituted
    ''section 48(g)(3)(B)'' for ''section 191(d)(2)''.
      1980 - Subsec. (c). Pub. L. 96-541 added subsec. (c).
      1978 - Subsec. (b). Pub. L. 95-600 substituted ''registered
    historic district (as defined in section 191(d)(2))'' for
    ''Registered Historic District'' and ''Secretary of the Interior
    has certified that such structure is not a certified historic
    structure, and that such structure is not of historic significance
    to the district, and if such certification occurs after the
    beginning of the demolition of such structure, the taxpayer has
    certified to the Secretary that, at the time of such demolition, he
    in good faith was not aware of the certification requirement by the
    Secretary of the Interior'' for ''Secretary of the Interior has
    certified, prior to the demolition of such structure, that such
    structure is not of historic significance to the district''.
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Section 1063(c) of Pub. L. 98-369, as amended by Pub. L. 99-514,
    title XVIII, Sec. 1878(h), Oct. 22, 1986, 100 Stat. 2904, provided
    that:
      ''(1) The amendments made by this section (amending this section)
    shall apply to taxable years ending after December 31, 1983, but
    shall not apply to any demolition (other than of a certified
    historic structure) commencing before July 19, 1984.
      ''(2) For purposes of paragraph (1), if a demolition is delayed
    until the completion of the replacement structure on the same site,
    the demolition shall be treated as commencing when construction of
    the replacement structure commences.
      ''(3) The amendments made by this section (amending this section)
    shall not apply to any demolition commencing before September 1,
    1984, pursuant to a bank headquarters building project if -
        ''(A) on April 1, 1984, a corporation was retained to advise
      the bank on the final completion of the project, and
        ''(B) on June 12, 1984, the Comptroller of the Currency
      approved the project.
      ''(4) The amendments made by this section shall not apply to the
    remaining adjusted basis at the time of demolition of any structure
    if -
        ''(A) such structure was used in the manufacture, storage, or
      distribution of lead alkyl antiknock products and intermediate
      and related products at facilities located in or near Baton
      Rouge, Louisiana, and Houston, Texas, owned by the same
      corporation, and
        ''(B) demolition of at least one such structure at the Baton
      Rouge facility commenced before January 1, 1984.''
                      EFFECTIVE DATE OF 1981 AMENDMENT
      Amendment by Pub. L. 97-34 applicable to expenditures incurred
    after Dec. 31, 1981, in taxable years ending after such date, see
    section 212(e) of Pub. L. 97-34, set out as a note under section 46
    of this title.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-600 effective as if included within the
    enactment of this section by section 2124 of Pub. L. 94-455, see
    section 701(f)(8) of Pub. L. 95-600, set out as an Effective and
    Termination Dates of 1978 Amendments note under section 167 of this
    title.
                               EFFECTIVE DATE
      Section 2124(b)(3) of Pub. L. 94-455, which had provided that
    enactment of this section by subsec. (b) shall apply with respect
    to demolitions commencing after June 30, 1976, and before Jan. 1,
    1981, was repealed by Pub. L. 96-541, Sec. 2(e)(2), Dec. 17, 1980,
    94 Stat. 3205. See subsec. (c) of this section.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 198 of this title.