Title 26Internal Revenue CodeRelease 119-73

§1392 Eligibility Criteria

Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter U— Designation and Treatment of Empowerment Zones, Enterprise Communities, and Rural Development Investment Areas › Part I— DESIGNATION › § 1392

Last updated Apr 6, 2026|Official source

Summary

Before an area can be named an empowerment zone or enterprise community, it has to meet strict tests. An urban area can have no more than 200,000 people (or, if smaller, the greater of 50,000 or 10 percent of its biggest city's population), and a rural area no more than 30,000. The area must show pervasive poverty, unemployment, and general distress. It cannot be larger than 20 square miles if urban or 1,000 square miles if rural, and it generally must have one continuous boundary within no more than two contiguous states (three for rural areas). Poverty must be deep: every census tract in the area needs a poverty rate of at least 20 percent, at least 90 percent of the tracts must be at 25 percent or more, and at least half must be at 35 percent or more. There are a few softeners. Tracts with no people, or tiny tracts under 2,000 people that are mostly zoned commercial or industrial, can count as passing some tests. For enterprise communities, officials can lower one poverty threshold by 5 percentage points for a small number of tracts. In Alaska and Hawaii, an area passes the distress, size, and poverty tests if in each tract or block group at least 20 percent of families earn half or less of the statewide median family income. From the eligible areas, the government picks winners based on the strength of their strategic plans and other criteria it sets.

Full Legal Text

Title 26, §1392

Internal Revenue Code — Source: USLM XML via OLRC

(a)A nominated area shall be eligible for designation under section 1391 only if it meets the following criteria:
(1)The nominated area has a maximum population of—
(A)in the case of an urban area, the lesser of—
(i)200,000, or
(ii)the greater of 50,000 or 10 percent of the population of the most populous city located within the nominated area, and
(B)in the case of a rural area, 30,000.
(2)The nominated area is one of pervasive poverty, unemployment, and general distress.
(3)The nominated area—
(A)does not exceed 20 square miles if an urban area or 1,000 square miles if a rural area,
(B)has a boundary which is continuous, or, except in the case of a rural area located in more than 1 State, consists of not more than 3 noncontiguous parcels,
(C)(i)in the case of an urban area, is located entirely within no more than 2 contiguous States, and
(ii)in the case of a rural area, is located entirely within no more than 3 contiguous States, and
(D)does not include any portion of a central business district (as such term is used for purposes of the most recent Census of Retail Trade) unless the poverty rate for each population census tract in such district is not less than 35 percent (30 percent in the case of an enterprise community).
(4)The poverty rate—
(A)for each population census tract within the nominated area is not less than 20 percent,
(B)for at least 90 percent of the population census tracts within the nominated area is not less than 25 percent, and
(C)for at least 50 percent of the population census tracts within the nominated area is not less than 35 percent.
(b)For purposes of subsection (a)(4)—
(1)(A)In the case of a population census tract with no population—
(i)such tract shall be treated as having a poverty rate which meets the requirements of subparagraphs (A) and (B) of subsection (a)(4), but
(ii)such tract shall be treated as having a zero poverty rate for purposes of applying subparagraph (C) thereof.
(B)A population census tract with a population of less than 2,000 shall be treated as having a poverty rate which meets the requirements of subparagraphs (A) and (B) of subsection (a)(4) if more than 75 percent of such tract is zoned for commercial or industrial use.
(2)In determining whether a nominated area is eligible for designation as an enterprise community, the appropriate Secretary may, where necessary to carry out the purposes of this subchapter, reduce by 5 percentage points one of the following thresholds for not more than 10 percent of the population census tracts (or, if fewer, 5 population census tracts) in the nominated area:
(A)The 20 percent threshold in subsection (a)(4)(A).
(B)The 25 percent threshold in subsection (a)(4)(B).
(C)The 35 percent threshold in subsection (a)(4)(C).
(3)A nominated area may not include a noncontiguous parcel unless such parcel separately meets (subject to paragraphs (1) and (2)) the criteria set forth in subsection (a)(4).
(4)In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining poverty rates.
(c)From among the nominated areas eligible for designation under section 1391 by the appropriate Secretary, such appropriate Secretary shall make designations of empowerment zones and enterprise communities on the basis of—
(1)the effectiveness of the strategic plan submitted pursuant to section 1391(f)(2) and the assurances made pursuant to section 1391(e)(3), and
(2)criteria specified by the appropriate Secretary.
(d)A nominated area in Alaska or Hawaii shall be treated as meeting the requirements of paragraphs (2), (3), and (4) of subsection (a) if for each census tract or block group within such area 20 percent or more of the families have income which is 50 percent or less of the statewide median family income (as determined under section 143).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1392, added Pub. L. 95–600, title VI, § 601(a), Nov. 6, 1978, 92 Stat. 2893; amended Pub. L. 96–222, title I, § 106(a)(5), Apr. 1, 1980, 94 Stat. 221; Pub. L. 96–595, § 3(a)(3), (4), Dec. 24, 1980, 94 Stat. 3465, related to election by general stock ownership corporations not to be subject to taxes imposed by this chapter, prior to repeal by Pub. L. 99–514, title XIII, § 1303(a), Oct. 22, 1986, 100 Stat. 2658.

Amendments

1997—Subsec. (d). Pub. L. 105–34 added subsec. (d).

Reference

Citations & Metadata

Citation

26 U.S.C. § 1392

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73