Title 26, Internal Revenue CodeRelease 119-110

§45O Agricultural Chemicals Security Credit

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter A — Determination of Tax Liability › PART IV — CREDITS AGAINST TAX › Subpart D — Business Related Credits › § 45O

Last updated Sep 22, 2026|Official source

Summary

Gives a tax credit equal to 30% of qualifying security costs for eligible agricultural businesses. The credit for each facility in a year cannot be more than $100,000 minus the total credits claimed for that facility in the five prior years. A taxpayer cannot claim more than $2,000,000 of this credit in any year. Qualifying security costs include things like employee training and background checks; ways to limit access or lock and tag chemicals; additives to make chemicals unusable for illegal purposes; perimeter protection; security lighting, cameras, and alarms; computer security; vulnerability assessments; site security plans; and other protections the Secretary allows. Eligible businesses are retailers who mainly sell farm products to farmers and ranchers (including these chemicals) and businesses that make, mix, distribute, or apply these chemicals. Specified agricultural chemicals mean certain fertilizers listed in federal safety rules and pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act that are used on food, feed, or fiber crops. Rules for related companies follow similar rules used in section 41(f), and the Secretary may issue regulations to carry out the credit, including how to treat mixed-use costs and related properties as one facility. The credit does not apply to amounts paid after December 31, 2012.

Full Legal Text

Title 26, §45O

Internal Revenue Code, Source: USLM XML via OLRC

(a)In general
For purposes of section 38, in the case of an eligible agricultural business, the agricultural chemicals security credit determined under this section for the taxable year is 30 percent of the qualified security expenditures for the taxable year.
(b)Facility limitation
The amount of the credit determined under subsection (a) with respect to any facility for any taxable year shall not exceed—
(1)$100,000, reduced by
(2)the aggregate amount of credits determined under subsection (a) with respect to such facility for the 5 prior taxable years.
(c)Annual limitation
The amount of the credit determined under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $2,000,000.
(d)Qualified chemical security expenditure
For purposes of this section, the term “qualified chemical security expenditure” means, with respect to any eligible agricultural business for any taxable year, any amount paid or incurred by such business during such taxable year for— (1)
(2)limitation and prevention of access to controls of specified agricultural chemicals stored at the facility,
(3)tagging, locking tank valves, and chemical additives to prevent the theft of specified agricultural chemicals or to render such chemicals unfit for illegal use,
(4)protection of the perimeter of specified agricultural chemicals,
(5)installation of security lighting, cameras, recording equipment, and intrusion detection sensors,
(6)implementation of measures to increase computer or computer network security,
(7)conducting a security vulnerability assessment,
(8)implementing a site security plan, and
(9)such other measures for the protection of specified agricultural chemicals as the Secretary may identify in regulation.
Amounts described in the preceding sentence shall be taken into account only to the extent that such amounts are paid or incurred for the purpose of protecting specified agricultural chemicals.
(e)Eligible agricultural business
For purposes of this section, the term “eligible agricultural business” means any person in the trade or business of— (1)
(2)manufacturing, formulating, distributing, or aerially applying specified agricultural chemicals.
(f)Specified agricultural chemical
For purposes of this section, the term “specified agricultural chemical” means—
(1)any fertilizer commonly used in agricultural operations which is listed under—
(A)section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986,
(B)section 101 of part 172 of title 49, Code of Federal Regulations, or
(C)part 126, 127, or 154 of title 33, Code of Federal Regulations, and
(2)any pesticide (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on crops grown for food, feed, or fiber.
(g)Controlled groups
Rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply for purposes of this section.
(h)Regulations
The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations which—
(1)provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified agricultural chemical and for other purposes, and
(2)provide for the treatment of related properties as one facility for purposes of subsection (b).
(i)Termination
This section shall not apply to any amount paid or incurred after December 31, 2012.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 302(a)(2) of the Emergency Planning and Community Right-to-Know Act of 1986, referred to in subsec. (f)(1)(A), is classified to section 11002(a)(2) of Title 42, The Public Health and Welfare. section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (f)(2), is classified to section 136(u) of Title 7, Agriculture. Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Section applicable to amounts paid or incurred after
June 18, 2008, see section 15343(e) of Pub. L. 110–246, set out as an

Effective Date

of 2008 Amendment note under section 38 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 45O

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110