- 14 - year (qualifying property). The amount of the credit depended upon the useful life of the qualifying property. The maximum credit was 10 percent of the cost of qualifying property with a useful life of 7 years or more. The credit was repealed by section 211 of TRA of 1986, 100 Stat. 2166, which added section 494 to the Internal Revenue Code. Section 49(a), made the investment credit inapplicable to property placed in service after December 31, 1985. Because TRA of 1986 did not become law until October 22, 1986, the repeal of the investment credit was necessarily retroactive. Therefore, the Act contains a number of transitional rules to provide relief for taxpayers who may have committed to post-1985 investments in qualifying property in reliance on the availability of the credit.5 Pursuant to section 49(b)(1), the section 49(a) repeal of the credit does not apply 4 Sec. 11813 of the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508, 104 Stat. 1388-536, repealed sec. 49 and replaced it with existing sec. 49 (at-risk rules). 5 See H. Rept. 99-426 at 146 (1985), 1986-3 C.B. (Vol. 2) 1, 146, in which the House Ways and Means Committee makes the following observation with respect to the repeal of the then existing cost recovery rules, including the investment tax credit: The committee is aware that commitments have already been made on the basis of present law capital cost recovery rules. The committee bill provides for equitable transition rules in such cases, which are estimated to cover more than 50 percent of the new personal property to be placed in service in the first year the bill is effective.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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