FPL Group, Inc. & Subsidiaries - Page 71

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                  The credit allowed by section 38 with respect to any                                  
                  property shall be allowed only for the first taxable                                  
                  year in which such property is placed in service by the                               
                  taxpayer.  The determination of whether property is                                   
                  section 38 property in the hands of the taxpayer shall                                
                  be made with respect to such first taxable year.  Thus,                               
                  if a taxpayer places property in service in a taxable                                 
                  year and such property does not qualify as section 38                                 
                  property (or only a portion of such property qualifies                                
                  as section 38 property) in such year, no credit (or a                                 
                  credit only as to the portion which qualifies in such                                 
                  year) shall be allowed to the taxpayer with respect to                                
                  such property notwithstanding that such property (or a                                
                  greater portion of such property) qualifies as section                                
                  38 property in a subsequent taxable year.  For example,                               
                  if a taxpayer places property in service in 1963 and                                  
                  uses the property entirely for personal purposes in                                   
                  such year, but in 1964 begins using the property in a                                 
                  trade or business, no credit is allowable to the                                      
                  taxpayer under section 38 with respect to such                                        
                  property. See � 1.48-1 for the definition of section 38                               
                  property.                                                                             
                  Section 1.46-3(d)(4)(i), Income Tax Regs., illustrates two                            
            situations where an ITC is not allowed in subsequent years.                                 
            First, when property is placed in service and it does not qualify                           
            for an ITC in that year, but does qualify for a credit in a                                 
            subsequent taxable year, the taxpayer is not entitled to an ITC.                            
            Second, when only a portion of the property qualifies for an ITC                            
            in the year that it is placed in service, but in a subsequent                               
            year an additional portion of the property qualifies for a                                  
            credit, the taxpayer is entitled to a credit only for the portion                           
            of the property that qualified for the ITC in the year that the                             
            property was placed in service.  Except as provided in section                              
            1.46-3(d)(4)(ii), Income Tax Regs., a credit is allowable only                              






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Last modified: May 25, 2011