§190 — Title 26 Internal Revenue Code | U.S. Code

Summary

If you own a business, you can choose to deduct right away the cost of removing barriers that make your buildings or public transportation vehicles hard for handicapped or elderly people to use, instead of spreading the cost over many years. The work must meet federal accessibility standards set by the IRS with the Architectural and Transportation Barriers Compliance Board. The deduction is capped at $15,000 per year. A handicapped individual here means someone with a physical or mental disability that limits their ability to work or substantially limits a major life activity.

Title 26, §190

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)A taxpayer may elect to treat qualified architectural and transportation barrier removal expenses which are paid or incurred by him during the taxable year as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction.

(2)An election under paragraph (1) shall be made at such time and in such manner as the Secretary prescribes by regulations.

(b)For purposes of this section—

(1)The term “architectural and transportation barrier removal expenses” means an expenditure for the purpose of making any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with his trade or business more accessible to, and usable by, handicapped and elderly individuals.

(2)The term “qualified architectural and transportation barrier removal expense” means, with respect to any such facility or public transportation vehicle, an architectural or transportation barrier removal expense with respect to which the taxpayer establishes, to the satisfaction of the Secretary, that the resulting removal of any such barrier meets the standards promulgated by the Secretary with the concurrence of the Architectural and Transportation Barriers Compliance Board and set forth in regulations prescribed by the Secretary.

(3)The term “handicapped individual” means any individual who has a physical or mental disability (including, but not limited to, blindness or deafness) which for such individual constitutes or results in a functional limitation to employment, or who has any physical or mental impairment (including, but not limited to, a sight or hearing impairment) which substantially limits one or more major life activities of such individual.

(c)The deduction allowed by subsection (a) for any taxable year shall not exceed $15,000.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (c). Pub. L. 101–508, § 11611(c), substituted “$15,000” for “$35,000”. Subsec. (d). Pub. L. 101–508, § 11801(a)(14), struck out subsec. (d) which related to application of section to taxable years beginning after Dec. 31, 1976, and before Jan. 1, 1983, and to taxable years beginning after Dec. 31, 1983. 1986—Subsec. (d)(2). Pub. L. 99–514 substituted “1983” for “1983, and before

January 1, 1986”. 1984—Subsec. (c). Pub. L. 98–369, § 1062(b), substituted “$35,000” for “$25,000”. Subsec. (d). Pub. L. 98–369, § 1062(a)(1), amended subsec. (d) generally, substituting provisions that this section shall apply to taxable years beginning after

December 31, 1976, and before

January 1, 1983, and to taxable years beginning after

December 31, 1983, and before

January 1, 1986 for provisions which had required the Secretary to prescribe such

Regulations

as might be necessary to carry out this section within 180 days after October 4, 1976.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by section 11611(c) of Pub. L. 101–508 applicable to taxable years beginning after Nov. 5, 1990, see section 11611(e)(2) of Pub. L. 101–508, set out as a note under section 38 of this title.

Effective Date

of 1984 Amendment Pub. L. 98–369, div. A, title X, § 1062(c),

July 18, 1984, 98 Stat. 1047, provided that: “The amendment made by subsection (b) [amending this section] shall apply to taxable years beginning after

December 31, 1983.”

Effective Date

Pub. L. 94–455, title XXI, § 2122(c), Oct. 4, 1976, 90 Stat. 1915, as amended by Pub. L. 96–167, § 9(c), Dec. 29, 1979, 93 Stat. 1278; Pub. L. 98–369, div. A, title X, § 1062(a)(2), July 18, 1984, 98 Stat. 1047, provided that: “The

Amendments

made by this section [enacting this section and amending section 263, 1245, and 1250 of this title] shall apply to taxable years beginning after December 31, 1976.”

Savings Provision

For provisions that nothing in amendment by section 11801(a)(14) of Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title.

§190 Expenditures to Remove Architectural and Transportation Barriers to the Handicapped and Elderly

Summary

Title 26, §190

Notes & Related Subsidiaries

Editorial Notes

Amendments

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Savings Provision

Citations & Metadata