- 155 - 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 onlyPage: Previous 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 Next
Last modified: May 25, 2011