Title 26 — Internal Revenue CodeRelease 119-73
§614 Definition of property
Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter I— - Natural Resources › Part PART I— - DEDUCTIONS › § 614
Summary
Explains what counts as a separate "property" for figuring depletion on mines, wells, and other natural deposits. Each different interest a taxpayer owns in a mineral deposit on a given tract or parcel is normally a separate property. For oil, gas, and geothermal, all of a taxpayer’s operating mineral interests on the same tract are treated together as one property and cannot be joined with interests on other tracts. If the taxpayer has more than one operating interest on one tract, they can choose to treat some interests as separate properties, but they cannot make more than one different combination for the same tract. Interests that join a unit or pooling plan are treated as one property for the time they participate, and the usual combination rules are paused while they are in the unit. For other minerals, a taxpayer may elect to group operating interests that are part of the same mine or mines into one property, or split a single tract with multiple mines into separate properties under rules set by the Secretary. Operating mineral interest: an interest where production costs must be counted for the taxable-income limit in section 613 (or would be if production had started). Nonoperating mineral interests: anything that is not an operating mineral interest. Elections must follow Secretary rules and be made by the tax return due date (including extensions) for the first year the taxpayer spends money to develop or operate the interest after buying it; once made, the election is binding for later years. The Secretary may allow combining separate nonoperating interests in a tract if the taxpayer shows the main purpose is not tax avoidance; that permission, once given, generally lasts until changed by the Secretary.
Full Legal Text
Title 26, §614
Internal Revenue Code — Source: USLM XML via OLRC
(a)For the purpose of computing the depletion allowance in the case of mines, wells, and other natural deposits, the term “property” means each separate interest owned by the taxpayer in each mineral deposit in each separate tract or parcel of land.
(b)In the case of oil and gas wells or geothermal deposits—
(1)Except as otherwise provided in this subsection—
(A)all of the taxpayer’s operating mineral interests in a separate tract or parcel of land shall be combined and treated as one property, and
(B)the taxpayer may not combine an operating mineral interest in one tract or parcel of land with an operating mineral interest in another tract or parcel of land.
(2)If the taxpayer has more than one operating mineral interest in a single tract or parcel of land, he may elect to treat one or more of such operating mineral interests as separate properties. The taxpayer may not have more than one combination of operating mineral interests in a single tract or parcel of land. If the taxpayer makes the election provided in this paragraph with respect to any interest in a tract or parcel of land, each operating mineral interest which is discovered or acquired by the taxpayer in such tract or parcel of land after the taxable year for which the election is made shall be treated—
(A)if there is no combination of interests in such tract or parcel, as a separate property unless the taxpayer elects to combine it with another interest, or
(B)if there is a combination of interests in such tract or parcel, as part of such combination unless the taxpayer elects to treat it as a separate property.
(3)(A)Under regulations prescribed by the Secretary, if one or more of the taxpayer’s operating mineral interests participate, under a voluntary or compulsory unitization or pooling agreement, in a single cooperative or unit plan of operation, then for the period of such participation—
(i)they shall be treated for all purposes of this subtitle as one property, and
(ii)the application of paragraphs (1), (2), and (4) in respect of such interests shall be suspended.
(B)Subparagraph (A) shall apply to a voluntary agreement only if all the operating mineral interests covered by such agreement—
(i)are in the same deposit, or are in 2 or more deposits the joint development or production of which is logical from the standpoint of geology, convenience, economy, or conservation, and
(ii)are in tracts or parcels of land which are contiguous or in close proximity.
(4)(A)Any election provided in paragraph (2) shall be made for each operating mineral interest, in the manner prescribed by the Secretary by regulations, not later than the time prescribed by law for filing the return (including extensions thereof) for the first taxable year in which any expenditure for development or operation in respect of such operating mineral interest is made by the taxpayer after the acquisition of such interest.
(B)Any election under paragraph (2) shall be for all purposes of this subtitle and shall be binding on the taxpayer for all subsequent taxable years.
(c)(1)Except in the case of oil and gas wells and geothermal deposits, if a taxpayer owns two or more separate operating mineral interests which constitute part or all of an operating unit, he may elect (for all purposes of this subtitle)—
(A)to form an aggregation of, and to treat as one property, all such interests owned by him which comprise any one mine or any two or more mines; and
(B)to treat as a separate property each such interest which is not included within an aggregation referred to in subparagraph (A).
(2)Except in the case of oil and gas wells and geothermal deposits, if a single tract or parcel of land contains a mineral deposit which is being extracted, or will be extracted, by means of two or more mines for which expenditures for development or operation have been made by the taxpayer, then the taxpayer may elect to allocate to such mines, under regulations prescribed by the Secretary, all of the tract or parcel of land and of the mineral deposit contained therein, and to treat as a separate property that portion of the tract or parcel of land and of the mineral deposit so allocated to each mine. A separate property formed pursuant to an election under this paragraph shall be treated as a separate property for all purposes of this subtitle (including this paragraph). A separate property so formed may, under regulations prescribed by the Secretary, be included as a part of an aggregation in accordance with paragraphs (1) and (3). The election provided by this paragraph may not be made with respect to any property which is a part of an aggregation formed by the taxpayer under paragraph (1) except with the consent of the Secretary.
(3)The elections provided by paragraphs (1) and (2) shall be made, in accordance with regulations prescribed by the Secretary, not later than the time prescribed for filing the return (including extensions thereof) for the first taxable year—
(A)in which, in the case of an election under paragraph (1), any expenditure for development or operation in respect of the separate operating mineral interest is made by the taxpayer after the acquisition of such interest, or
(B)in which, in the case of an election under paragraph (2), expenditures for development or operation of more than one mine in respect of a property are made by the taxpayer after the acquisition of the property.
(d)For purposes of this section, the term “operating mineral interest” includes only an interest in respect of which the costs of production of the mineral are required to be taken into account by the taxpayer for purposes of computing the taxable income limitation provided for in section 613, or would be so required if the mine, well, or other natural deposit were in the production stage.
(e)(1)If a taxpayer owns two or more separate nonoperating mineral interests in a single tract or parcel of land or in two or more adjacent tracts or parcels of land, the Secretary shall, on showing by the taxpayer that a principal purpose is not the avoidance of tax, permit the taxpayer to treat (for all purposes of this subtitle) all such mineral interests in each separate kind of mineral deposit as one property. If such permission is granted for any taxable year, the taxpayer shall treat such interests as one property for all subsequent taxable years unless the Secretary consents to a different treatment.
(2)For purposes of this subsection, the term “nonoperating mineral interests” includes only interests which are not operating mineral interests.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2014—Subsec. (b)(3)(C). Pub. L. 113–295, § 221(a)(65)(A), struck out subpar. (C) which related to a special rule for voluntary or compulsory unitization or pooling arrangements entered into in taxable years beginning before Jan. 1, 1964. Subsec. (b)(4)(A). Pub. L. 113–295, § 221(a)(65)(B), which directed amendment of par. (4) by striking out “whichever of the following years is later: The first taxable year beginning after
December 31, 1963, or”, was executed by striking out “whichever of the following taxable years is the later: The first taxable year beginning after
December 31, 1963, or” before “the first taxable year” in subpar. (A), to reflect the probable intent of Congress. Subsec. (b)(5). Pub. L. 113–295, § 221(a)(65)(A), struck out par. (5). Text read as follows: “If, on the day preceding the first day of the first taxable year beginning after
December 31, 1963, the taxpayer has any operating mineral interests which he treats under subsection (d) of this section (as in effect before the
Amendments
made by the Revenue Act of 1964), such treatment shall be continued and shall be deemed to have been adopted pursuant to paragraphs (1) and (2) of this subsection (as amended by such Act).” 1990—Subsec. (d). Pub. L. 101–508 substituted “taxable income” for “50 percent”. 1978—Subsec. (b). Pub. L. 95–618, § 403(a)(2)(C), inserted “or geothermal deposits” after “gas wells” in heading and introductory provisions. Subsec. (c). Pub. L. 95–618, § 403(a)(2)(D), substituted “oil and gas wells and geothermal deposits” for “oil and gas wells” wherever appearing. 1976—Subsecs. (b)(3)(A), (4)(A), (e). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”. Subsec. (c)(2). Pub. L. 94–455, §§ 1901(a)(87)(B), 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing and “, but the provisions of paragraph (4) shall not apply with respect to such separate property” after “in accordance with paragraphs (1) and (3)”. Subsec. (c)(3). Pub. L. 94–455, § 1901(a)(87)(C), among other changes, struck out references to the first taxable year beginning after Dec. 31, 1957, and provisions relating to elections for taxable years beginning before Jan. 1, 1958, relating to election after final
Regulations
, and relating to statute of limitations. Subsec. (c)(4). Pub. L. 94–455, § 1901(a)(87)(A)(i), struck out par. (4) which related to a special rule as to deductions under section 615(a) of this title prior to aggregation. 1964—Subsec. (b). Pub. L. 88–272, § 226(a), amended subsec. (b) generally, and among other changes, substituted provisions stating that except as otherwise provided, all of the taxpayer’s operating mineral interests in a separate tract or parcel of land will be combined and treated as one property, that the taxpayer may not combine any operating mineral interest in one tract or parcel of land with an operating mineral interest in another tract or parcel of land, that if he has more than one operating mineral interest in a single tract of land he may elect to treat one or more of such interests as separate properties, limited, however, to one combination of interests in a single tract of land, and providing, in the event the election in par. (2) is made with respect to any tract of land, for the treatment of interests discovered or acquired by the taxpayer in such a tract after the taxable year for which the election is made, for provisions which permitted a taxpayer who owned two or more separate operating mineral interests which constituted all or a part of an operating unit, to elect to form one aggregation and treat as one property any two or more of these interests, treating as separate properties any interests which he did not include in the one aggregation, to aggregate separate interests whether or not in a single tract of land, or contiguous tracts of land, and which forbade him to form more than one aggregation within a single operating unit, inserted provisions in par. (3) relating to unitization or pooling arrangements, and in par (5), providing that if the taxpayer has operating mineral interests on the day preceding the first day of the first taxable year beginning after Dec. 31, 1963, which he treats under subsec. (d) of this section as in effect before amendment by Pub. L. 88–272, he shall continue such treatment and it shall be deemed adopted pursuant to pars. (1) and (2) of this subsection, and struck out provisions defining “operating mineral interests”, and providing for termination of election with respect to mines, excepting oil and gas wells. For definition of “operating mineral interests”, see subsec. (d) of this section. Subsec. (c). Pub. L. 88–272, § 226(b)(1), (2), struck out par. (5) which defined operating mineral interests, and “1958” before “Special rules” in heading. Subsec. (d). Pub. L. 88–272, § 226(b)(3), amended subsec. (d) generally, substituting the definition of operating mineral interests, for provisions relating to the 1939 Code treatment respecting operating mineral interest in case of oil and gas wells. Subsec. (e)(2). Pub. L. 88–272, § 226(b)(4), struck out “within the meaning of subsection (b)(3)” at end. 1958—Subsec. (b)(4). Pub. L. 85–866, § 37(a), added par. (4). Subsecs. (c) to (e). Pub. L. 85–866, § 37(b)–(d), added subsecs. (c) and (d), redesignated former subsec. (c) as (e), and substituted in first sentence of par. (1) “or in two or more adjacent tracts” for “or in two or more contiguous tracts” and “shall, on showing by the taxpayer that a principal purpose is not the avoidance of tax, permit the taxpayer to treat (for all purposes of this subtitle) all such mineral interests in each separate kind of mineral deposit as one property” for “may, on showing of undue hardship, permit the taxpayer to treat (for all purposes of this subtitle) all such mineral interests as one property”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2014 AmendmentAmendment by Pub. L. 113–295 effective Dec. 19, 2014, subject to a
Savings Provision
, see section 221(b) of Pub. L. 113–295, set out as a note under section 1 of this title.
Effective Date
of 1990 AmendmentAmendment by Pub. L. 101–508 applicable to taxable years beginning after Dec. 31, 1990, see section 11522(c) of Pub. L. 101–508, set out as a note under section 613 of this title.
Effective Date
of 1978 AmendmentAmendment by Pub. L. 95–618 effective Oct. 1, 1978, and applicable to taxable years ending on or after such date, see section 403(c) of Pub. L. 95–618, set out as a note under section 613 of this title.
Effective Date
of 1976 Amendment Pub. L. 94–455, title XIX, § 1901(a)(87)(A)(ii), Oct. 4, 1976, 90 Stat. 1779, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “The amendment made by clause (i) [amending this section] shall apply with respect to elections to form aggregations of operating mineral interests made under section 614(c)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] for taxable years beginning after December 31, 1976.”
Effective Date
of 1964 Amendment Pub. L. 88–272, title II, § 226(d), Feb. 26, 1964, 78 Stat. 97, provided that: “The
Amendments
made by subsections (a) and (b) [amending this section] shall apply to taxable years beginning after December 31, 1963.”
Effective Date
of 1958 Amendment Pub. L. 85–866, title I, § 37(e), Sept. 2, 1958, 72 Stat. 1638, provided that: “The
Amendments
made by subsections (a) and (c) [amending this section] shall apply with respect to taxable years beginning after
December 31, 1953, and ending after
August 16, 1954. The
Amendments
made by subsection (b) [amending this section] shall apply with respect to taxable years beginning after December 31, 1957, except that such
Amendments
shall, at the election of the taxpayer made in conformity with such
Amendments
, apply with respect to taxable years beginning after
December 31, 1953, and ending after
August 16, 1954. The amendment made by subsection (d) [amending this section] shall apply with respect to taxable years beginning after
December 31, 1957, except that with respect to any taxpayer such amendment shall, at the election of the taxpayer, apply with respect to taxable years beginning after
December 31, 1953, and ending after
August 16, 1954.” Allocation of Basis in Certain Cases Pub. L. 88–272, title II, § 226(c), Feb. 26, 1964, 78 Stat. 96, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “For purposes of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]— “(1) Fair market value rule.—Except as provided in paragraph (2), if a taxpayer has a section 614(b) aggregation, then the adjusted basis (as of the first day of the first taxable year beginning after
December 31, 1963) of each property included in such aggregation shall be determined by multiplying the adjusted basis of the aggregation by a fraction—“(A) the numerator of which is the fair market value of such property, and “(B) the denominator of which is the fair market value of such aggregation. For purposes of this paragraph, the adjusted basis and the fair market value of the aggregation, and the fair market value of each property included therein, shall be determined as of the day preceding the first day of the first taxable year which begins after
December 31, 1963. “(2) Allocation of adjustments, etc.—If the taxpayer makes an election under this paragraph with respect to any section 614(b) aggregation, then the adjusted basis (as of the first day of the first taxable year beginning
December 31, 1963) of each property included in such aggregation shall be the adjusted basis of such property at the time it was first included in the aggregation by the taxpayer, adjusted for that portion of those adjustments to the basis of the aggregation which are reasonably attributable to such property. If, under the preceding sentence, the total of the adjusted bases of the interests included in the aggregation exceeds the adjusted basis of the aggregation (as of the day preceding the first day of the first taxable year which begins after
December 31, 1963), the adjusted bases of the properties which include such interests shall be adjusted, under
Regulations
prescribed by the Secretary of the Treasury or his delegate, so that the total of the adjusted bases of such interests equals the adjusted basis of the aggregation. An election under this paragraph shall be made at such time and in such manner as the Secretary of the Treasury or his delegate shall by
Regulations
prescribe. “(3) Definitions.—For purposes of this subsection—“(A) section 614(b) aggregation.—The term ‘section 614(b) aggregation’ means any aggregation to which section 614(b)(1)(A) of the Internal Revenue Code of 1986 (as in effect before the
Amendments
made by subsection (a) of this section) applied for the day preceding the first day of the first taxable year beginning after
December 31, 1963. “(B) Property.—The term ‘property’ has the same meaning as is applicable, under section 614 of the Internal Revenue Code of 1986, to the taxpayer for the first taxable year beginning after
December 31, 1963.”
Reference
Citations & Metadata
Citation
26 U.S.C. § 614
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73