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H.R. 4589IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 2 · H.R. 4589

Port crane manufacturing facility investment credit

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(a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48E the following new section: 48F. Port crane manufacturing facility investment credit (a) Credit allowed For purposes of section 46, the port crane investment credit for any taxable year is an amount equal 25 percent of the qualified investment for such taxable year with respect to any port crane manufacturing facility of an eligible taxpayer. (b) Qualified investment (1) In general For purposes of subsection (a), the qualified investment with respect to any port crane manufacturing facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified port crane manufacturing facility. (2) Qualified property (A) In general For purposes of this subsection, the term qualified property means property— (i) which is tangible property, (ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (iii) which is— (I) constructed, reconstructed, or erected by the taxpayer, or (II) acquired by the taxpayer if the original use of such property commences with the taxpayer, and (iv) which is integral to the operation of the qualified port crane manufacturing facility. (B) Buildings and structural components (i) In general The term qualified property includes any building or its structural components which otherwise satisfy the requirements under subparagraph (A). (ii) Exception Clause (i) shall not apply with respect to a building or portion of a building used for offices, administrative services, or other functions unrelated to manufacturing. (3) Qualified port crane manufacturing facility For purposes of this section, the term qualified port crane manufacturing facility means a facility— (A) which is located in the United States, including a territory or possession of the United States, and (B) the primary purpose of which is— (i) the construction or repair of port cranes, (ii) the manufacture of components which are critical, as determined by the Secretary, to the operation of port cranes, or (iii) the manufacture of equipment which is used to produce or repair port cranes. (4) Definitions For purposes of this section— (A) Port crane The term port crane means— (i) a gantry crane which is— (I) installed at a port terminal, and (II) designed for the loading and unloading of cargo containers or bulk goods between vessels and shore-side transportation, (ii) a mobile harbor crane, or (iii) a ship to shore gantry crane which is— (I) configured as a steel superstructure, and (II) designed to unload intermodal containers from vessels by using coupling devices. (B) Component material The term component material means any component within or comprising a port crane, including the steel frame, cabling, brakes, computer equipment, and modems. (5) Progress expenditure rules Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (c) Elective payment (1) In general Except as otherwise provided in paragraph (2)(A), in the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this subsection with respect to the credit determined under subsection (a), such taxpayer shall be treated as making a payment against the tax imposed by subtitle A (for the taxable year with respect to which such credit was determined) equal to the amount of such credit. (2) Special rules Rules similar to the rules of section 48D(d)(2) shall apply with respect to an election under paragraph (1). (d) Termination of credit The credit allowed under this section shall not apply to property placed in service after December 31, 2035.. (b) Credit eligible for elective payment Section 6417(b) of such Code is amended by adding at the end the following new paragraph: (13) The port crane investment credit determined under section 48F.. (c) Credit transferable Section 6418(f)(1)(A) of such Code is amended by adding at the end the following new clause: (xii) The port crane investment credit determined under section 48F.. (d) Conforming amendments (1) Section 46 of such Code is amended by striking and at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting, and, and by adding at the end the following new paragraph: (8) The port crane investment credit.. (2) Section 49(a)(1)(C) of such Code is amended by striking and at the end of clause (vii), by striking the period at the end of clause (viii) and inserting, and, and by adding at the end the following new clause: (ix) the basis of any property which is part of a port crane manufacturing facility under section 48F.. (3) Section 50(a)(2)(E) is amended by striking or 48E(e) and inserting 48E(e), or 48F(c)(5). (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48E the following new item: Sec. 48F. Port crane investment credit.. (e) Effective date The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act.

Sec. 2: Port crane manufacturing facility investment credit · Public Law Tracker