PUBLIC LAW 111–312—DEC. 17, 2010 

TAX RELIEF, UNEMPLOYMENT 

INSURANCE REAUTHORIZATION, AND 

JOB CREATION ACT OF 2010 


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124 STAT. 3296 PUBLIC LAW 111–312—DEC. 17, 2010 

Public Law 111–312 

111th Congress 

An Act 

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure 

authority of the Airport and Airway Trust Fund, to amend title 49, United 

States Code, to extend authorizations for the airport improvement program, and 

for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; ETC. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Tax Relief, 

Unemployment Insurance Reauthorization, and Job Creation Act 

of 2010’’. 

(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly 

provided, whenever in this Act an amendment or repeal is expressed 

in terms of an amendment to, or repeal of, a section or other 

provision, the reference shall be considered to be made to a section 

or other provision of the Internal Revenue Code of 1986. 

(c) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; etc. 

TITLE I—TEMPORARY EXTENSION OF TAX RELIEF 

Sec. 101. Temporary extension of 2001 tax relief. 

Sec. 102. Temporary extension of 2003 tax relief. 

Sec. 103. Temporary extension of 2009 tax relief. 

TITLE II—TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF 

Sec. 201. Temporary extension of increased alternative minimum tax exemption 

amount. 

Sec. 202. Temporary extension of alternative minimum tax relief for nonrefundable 

personal credits. 

TITLE III—TEMPORARY ESTATE TAX RELIEF 

Sec. 301. Reinstatement of estate tax; repeal of carryover basis. 

Sec. 302. Modifications to estate, gift, and generation-skipping transfer taxes. 

Sec. 303. Applicable exclusion amount increased by unused exclusion amount of deceased spouse. 

Sec. 304. Application of EGTRRA sunset to this title. 

TITLE IV—TEMPORARY EXTENSION OF INVESTMENT INCENTIVES 

Sec. 401. Extension of bonus depreciation; temporary 100 percent expensing for certain business assets. 

Sec. 402. Temporary extension of increased small business expensing. 

TITLE V—TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND 

RELATED MATTERS 

Sec. 501. Temporary extension of unemployment insurance provisions. 

Sec. 502. Temporary modification of indicators under the extended benefit program. 

Sec. 503. Technical amendment relating to collection of unemployment compensation debts. 

26 USC 1 note. 

Tax Relief, 

Unemployment 

Insurance 

Reauthorization, 

and Job Creation 

Act of 2010. 

Dec. 17, 2010 

[H.R. 4853] 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3297 

Sec. 504. Technical correction relating to repeal of continued dumping and subsidy 

offset. 

Sec. 505. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. 

TITLE VI—TEMPORARY EMPLOYEE PAYROLL TAX CUT 

Sec. 601. Temporary employee payroll tax cut. 

TITLE VII—TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS 

Subtitle A—Energy 

Sec. 701. Incentives for biodiesel and renewable diesel. 

Sec. 702. Credit for refined coal facilities. 

Sec. 703. New energy efficient home credit. 

Sec. 704. Excise tax credits and outlay payments for alternative fuel and alternative fuel mixtures. 

Sec. 705. Special rule for sales or dispositions to implement FERC or State electric 

restructuring policy for qualified electric utilities. 

Sec. 706. Suspension of limitation on percentage depletion for oil and gas from 

marginal wells. 

Sec. 707. Extension of grants for specified energy property in lieu of tax credits. 

Sec. 708. Extension of provisions related to alcohol used as fuel. 

Sec. 709. Energy efficient appliance credit. 

Sec. 710. Credit for nonbusiness energy property. 

Sec. 711. Alternative fuel vehicle refueling property. 

Subtitle B—Individual Tax Relief 

Sec. 721. Deduction for certain expenses of elementary and secondary school teachers. Sec. 722. Deduction of State and local sales taxes. 

Sec. 723. Contributions of capital gain real property made for conservation purposes. 

Sec. 724. Above-the-line deduction for qualified tuition and related expenses. 

Sec. 725. Tax-free distributions from individual retirement plans for charitable purposes. 

Sec. 726. Look-thru of certain regulated investment company stock in determining 

gross estate of nonresidents. 

Sec. 727. Parity for exclusion from income for employer-provided mass transit and 

parking benefits. 

Sec. 728. Refunds disregarded in the administration of Federal programs and federally assisted programs. 

Subtitle C—Business Tax Relief 

Sec. 731. Research credit. 

Sec. 732. Indian employment tax credit. 

Sec. 733. New markets tax credit. 

Sec. 734. Railroad track maintenance credit. 

Sec. 735. Mine rescue team training credit. 

Sec. 736. Employer wage credit for employees who are active duty members of the 

uniformed services. 

Sec. 737. 15-year straight-line cost recovery for qualified leasehold improvements, 

qualified restaurant buildings and improvements, and qualified retail 

improvements. 

Sec. 738. 7-year recovery period for motorsports entertainment complexes. 

Sec. 739. Accelerated depreciation for business property on an Indian reservation. 

Sec. 740. Enhanced charitable deduction for contributions of food inventory. 

Sec. 741. Enhanced charitable deduction for contributions of book inventories to 

public schools. 

Sec. 742. Enhanced charitable deduction for corporate contributions of computer inventory for educational purposes. 

Sec. 743. Election to expense mine safety equipment. 

Sec. 744. Special expensing rules for certain film and television productions. 

Sec. 745. Expensing of environmental remediation costs. 

Sec. 746. Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. 

Sec. 747. Modification of tax treatment of certain payments to controlling exempt 

organizations. 

Sec. 748. Treatment of certain dividends of regulated investment companies. 

Sec. 749. RIC qualified investment entity treatment under FIRPTA. 

Sec. 750. Exceptions for active financing income. 

Sec. 751. Look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules. 


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124 STAT. 3298 PUBLIC LAW 111–312—DEC. 17, 2010 

Sec. 752. Basis adjustment to stock of S corps making charitable contributions of 

property. 

Sec. 753. Empowerment zone tax incentives. 

Sec. 754. Tax incentives for investment in the District of Columbia. 

Sec. 755. Temporary increase in limit on cover over of rum excise taxes to Puerto 

Rico and the Virgin Islands. 

Sec. 756. American Samoa economic development credit. 

Sec. 757. Work opportunity credit. 

Sec. 758. Qualified zone academy bonds. 

Sec. 759. Mortgage insurance premiums. 

Sec. 760. Temporary exclusion of 100 percent of gain on certain small business 

stock. 

Subtitle D—Temporary Disaster Relief Provisions 

SUBPART A—NEW YORK LIBERTY ZONE

Sec. 761. Tax-exempt bond financing. 

SUBPART B—GO ZONE

Sec. 762. Increase in rehabilitation credit. 

Sec. 763. Low-income housing credit rules for buildings in GO zones. 

Sec. 764. Tax-exempt bond financing. 

Sec. 765. Bonus depreciation deduction applicable to the GO Zone. 

TITLE VIII—BUDGETARY PROVISIONS 

Sec. 801. Determination of budgetary effects. 

Sec. 802. Emergency designations. 

TITLE I—TEMPORARY EXTENSION OF 

TAX RELIEF 

SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF. 

(a) TEMPORARY EXTENSION.— (1) IN GENERAL.—Section 901 of the Economic Growth and 

Tax Relief Reconciliation Act of 2001 is amended by striking 

‘‘December 31, 2010’’ both places it appears and inserting 

‘‘December 31, 2012’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect as if included in the enactment of 

the Economic Growth and Tax Relief Reconciliation Act of 

2001. 

(b) SEPARATE SUNSET FOR EXPANSION OF ADOPTION BENEFITS

UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.— 

(1) IN GENERAL.—Subsection (c) of section 10909 of the 

Patient Protection and Affordable Care Act is amended to read 

as follows: 

‘‘(c) SUNSET PROVISION.—Each provision of law amended by 

this section is amended to read as such provision would read 

if this section had never been enacted. The amendments made 

by the preceding sentence shall apply to taxable years beginning 

after December 31, 2011.’’. 

(2) CONFORMING AMENDMENT.—Subsection (d) of section 

10909 of such Act is amended by striking ‘‘The amendments’’ 

and inserting ‘‘Except as provided in subsection (c), the amendments’’. 

SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF. 

(a) IN GENERAL.—Section 303 of the Jobs and Growth Tax 

Relief Reconciliation Act of 2003 is amended by striking ‘‘December 

31, 2010’’ and inserting ‘‘December 31, 2012’’. 

26 USC 1 note. 

Ante, p. 1024. 

Applicability. 

Ante, p. 1023. 

26 USC 1 note. 

26 USC 1 note. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3299 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as if included in the enactment of the Jobs and 

Growth Tax Relief Reconciliation Act of 2003. 

SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF. 

(a) AMERICAN OPPORTUNITY TAX CREDIT.— (1) IN GENERAL.—Section 25A(i) is amended by striking 

‘‘or 2010’’ and inserting ‘‘, 2010, 2011, or 2012’’. 

(2) TREATMENT OF POSSESSIONS.—Section 1004(c)(1) of the 

American Recovery and Reinvestment Tax Act of 2009 is 

amended by striking ‘‘and 2010’’ each place it appears and 

inserting ‘‘, 2010, 2011, and 2012’’. 

(b) CHILD TAX CREDIT.—Section 24(d)(4) is amended— 

(1) by striking ‘‘2009 AND 2010’’ in the heading and 

inserting ‘‘2009, 2010, 2011, AND 2012’’, and 

(2) by striking ‘‘or 2010’’ and inserting ‘‘, 2010, 2011, or 

2012’’. 

(c) EARNED INCOME TAX CREDIT.—Section 32(b)(3) is amended— 

(1) by striking ‘‘2009 AND 2010’’ in the heading and 

inserting ‘‘2009, 2010, 2011, AND 2012’’, and 

(2) by striking ‘‘or 2010’’ and inserting ‘‘, 2010, 2011, or 

2012’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2010. 

TITLE II—TEMPORARY EXTENSION OF 

INDIVIDUAL AMT RELIEF 

SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. 

(a) IN GENERAL.—Paragraph (1) of section 55(d) is amended— 

(1) by striking ‘‘$70,950’’ and all that follows through ‘‘2009’’ 

in subparagraph (A) and inserting ‘‘$72,450 in the case of 

taxable years beginning in 2010 and $74,450 in the case of 

taxable years beginning in 2011’’, and 

(2) by striking ‘‘$46,700’’ and all that follows through ‘‘2009’’ 

in subparagraph (B) and inserting ‘‘$47,450 in the case of 

taxable years beginning in 2010 and $48,450 in the case of 

taxable years beginning in 2011’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2009. 

(c) REPEAL OF EGTRRA SUNSET.—Title IX of the Economic 

Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset 

of provisions of such Act) shall not apply to title VII of such 

Act (relating to alternative minimum tax). 

SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX 

RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. 

(a) IN GENERAL.—Paragraph (2) of section 26(a) is amended— 

(1) by striking ‘‘or 2009’’ and inserting ‘‘2009, 2010, or 

2011’’, and 

(2) by striking ‘‘2009’’ in the heading thereof and inserting 

‘‘2011’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2009. 

26 USC 26 note. 

26 USC 1 note. 

26 USC 55 note. 

26 USC 24 note. 

26 USC 25A note. 

26 USC 25A. 

26 USC 1 note. 


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124 STAT. 3300 PUBLIC LAW 111–312—DEC. 17, 2010 

TITLE III—TEMPORARY ESTATE TAX 

RELIEF 

SEC. 301. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER 

BASIS. 

(a) IN GENERAL.—Each provision of law amended by subtitle 

A or E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended to read as such provision would 

read if such subtitle had never been enacted. 

(b) CONFORMING AMENDMENT.—On and after January 1, 2011, 

paragraph (1) of section 2505(a) of the Internal Revenue Code 

of 1986 is amended to read as such paragraph would read if section 

521(b)(2) of the Economic Growth and Tax Relief Reconciliation 

Act of 2001 had never been enacted. 

(c) SPECIAL ELECTION WITH RESPECT TO ESTATES OF

DECEDENTS DYING IN 2010.—Notwithstanding subsection (a), in 

the case of an estate of a decedent dying after December 31, 2009, 

and before January 1, 2011, the executor (within the meaning 

of section 2203 of the Internal Revenue Code of 1986) may elect 

to apply such Code as though the amendments made by subsection 

(a) do not apply with respect to chapter 11 of such Code and 

with respect to property acquired or passing from such decedent 

(within the meaning of section 1014(b) of such Code). Such election 

shall be made at such time and in such manner as the Secretary 

of the Treasury or the Secretary’s delegate shall provide. Such 

an election once made shall be revocable only with the consent 

of the Secretary of the Treasury or the Secretary’s delegate. For 

purposes of section 2652(a)(1) of such Code, the determination of 

whether any property is subject to the tax imposed by such chapter 

11 shall be made without regard to any election made under this 

subsection. 

(d) EXTENSION OF TIME FOR PERFORMING CERTAIN ACTS.— 

(1) ESTATE TAX.—In the case of the estate of a decedent 

dying after December 31, 2009, and before the date of the 

enactment of this Act, the due date for— 

(A) filing any return under section 6018 of the Internal 

Revenue Code of 1986 (including any election required 

to be made on such a return) as such section is in effect 

after the date of the enactment of this Act without regard 

to any election under subsection (c), 

(B) making any payment of tax under chapter 11 of 

such Code, and 

(C) making any disclaimer described in section 2518(b) 

of such Code of an interest in property passing by reason 

of the death of such decedent, 

shall not be earlier than the date which is 9 months after 

the date of the enactment of this Act. 

(2) GENERATION-SKIPPING TAX.—In the case of any generation-skipping transfer made after December 31, 2009, and 

before the date of the enactment of this Act, the due date 

for filing any return under section 2662 of the Internal Revenue 

Code of 1986 (including any election required to be made on 

such a return) shall not be earlier than the date which is 

9 months after the date of the enactment of this Act. 

Deadline. 

26 USC 2662 

note. 

26 USC 6075 

note. 

Time period. 

26 USC 2001 

note. 

26 USC 2505. 

Effective date. 

26 USC 2505 

note. 

26 USC 121, 684, 

1014, 1022, 1040, 

1221, 1246, 1291, 

1296, 2210, 2664, 

6018, 6019, 6075, 

6716, 7701. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3301 

(e) EFFECTIVE DATE.—Except as otherwise provided in this 

section, the amendments made by this section shall apply to estates 

of decedents dying, and transfers made, after December 31, 2009. 

SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-SKIPPING TRANSFER TAXES. 

(a) MODIFICATIONS TO ESTATE TAX.— 

(1) $5,000,000 APPLICABLE EXCLUSION AMOUNT.—Subsection 

(c) of section 2010 is amended to read as follows: 

‘‘(c) APPLICABLE CREDIT AMOUNT.— 

‘‘(1) IN GENERAL.—For purposes of this section, the 

applicable credit amount is the amount of the tentative tax 

which would be determined under section 2001(c) if the amount 

with respect to which such tentative tax is to be computed 

were equal to the applicable exclusion amount. 

‘‘(2) APPLICABLE EXCLUSION AMOUNT.— 

‘‘(A) IN GENERAL.—For purposes of this subsection, the 

applicable exclusion amount is $5,000,000. 

‘‘(B) INFLATION ADJUSTMENT.—In the case of any 

decedent dying in a calendar year after 2011, the dollar 

amount in subparagraph (A) shall be increased by an 

amount equal to— 

‘‘(i) such dollar amount, multiplied by 

‘‘(ii) the cost-of-living adjustment determined 

under section 1(f)(3) for such calendar year by substituting ‘calendar year 2010’ for ‘calendar year 1992’ 

in subparagraph (B) thereof. 

If any amount as adjusted under the preceding sentence 

is not a multiple of $10,000, such amount shall be rounded 

to the nearest multiple of $10,000.’’. 

(2) MAXIMUM ESTATE TAX RATE EQUAL TO 35 PERCENT.— 

Subsection (c) of section 2001 is amended— 

(A) by striking ‘‘Over $500,000’’ and all that follows 

in the table contained in paragraph (1) and inserting the 

following: 

‘‘Over $500,000 ............................ $155,800, plus 35 percent of the 

excess of such amount over 

$500,000.’’, 

(B) by striking ‘‘(1) IN GENERAL.—’’, and 

(C) by striking paragraph (2). 

(b) MODIFICATIONS TO GIFT TAX.— 

(1) RESTORATION OF UNIFIED CREDIT AGAINST GIFT TAX.— 

(A) IN GENERAL.—Paragraph (1) of section 2505(a), 

after the application of section 301(b), is amended by 

striking ‘‘(determined as if the applicable exclusion amount 

were $1,000,000)’’. 

(B) EFFECTIVE DATE.—The amendment made by this 

paragraph shall apply to gifts made after December 31, 

2010. 

(2) MODIFICATION OF GIFT TAX RATE.—On and after January 

1, 2011, subsection (a) of section 2502 is amended to read 

as such subsection would read if section 511(d) of the Economic 

Growth and Tax Relief Reconciliation Act of 2001 had never 

been enacted. 

Effective date. 

26 USC 2502 

note. 

26 USC 2505 

note. 

26 USC 2010. 

26 USC 121 note. 


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124 STAT. 3302 PUBLIC LAW 111–312—DEC. 17, 2010 

(c) MODIFICATION OF GENERATION-SKIPPING TRANSFER TAX.— 

In the case of any generation-skipping transfer made after 

December 31, 2009, and before January 1, 2011, the applicable 

rate determined under section 2641(a) of the Internal Revenue 

Code of 1986 shall be zero. 

(d) MODIFICATIONS OF ESTATE AND GIFT TAXES TO REFLECT

DIFFERENCES IN CREDIT RESULTING FROM DIFFERENT TAX RATES.— 

(1) ESTATE TAX.— 

(A) IN GENERAL.—Section 2001(b)(2) is amended by 

striking ‘‘if the provisions of subsection (c) (as in effect 

at the decedent’s death)’’ and inserting ‘‘if the modifications 

described in subsection (g)’’. 

(B) MODIFICATIONS.—Section 2001 is amended by 

adding at the end the following new subsection: 

‘‘(g) MODIFICATIONS TO GIFT TAX PAYABLE TO REFLECT DIFFERENT TAX RATES.—For purposes of applying subsection (b)(2) 

with respect to 1 or more gifts, the rates of tax under subsection 

(c) in effect at the decedent’s death shall, in lieu of the rates 

of tax in effect at the time of such gifts, be used both to compute— 

‘‘(1) the tax imposed by chapter 12 with respect to such 

gifts, and 

‘‘(2) the credit allowed against such tax under section 2505, 

including in computing— 

‘‘(A) the applicable credit amount under section 

2505(a)(1), and 

‘‘(B) the sum of the amounts allowed as a credit for 

all preceding periods under section 2505(a)(2).’’. 

(2) GIFT TAX.—Section 2505(a) is amended by adding at 

the end the following new flush sentence: 

‘‘For purposes of applying paragraph (2) for any calendar year, 

the rates of tax in effect under section 2502(a)(2) for such calendar 

year shall, in lieu of the rates of tax in effect for preceding calendar 

periods, be used in determining the amounts allowable as a credit 

under this section for all preceding calendar periods.’’. 

(e) CONFORMING AMENDMENT.—Section 2511 is amended by 

striking subsection (c). 

(f) EFFECTIVE DATE.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to estates 

of decedents dying, generation-skipping transfers, and gifts made, 

after December 31, 2009. 

SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY UNUSED 

EXCLUSION AMOUNT OF DECEASED SPOUSE. 

(a) IN GENERAL.—Section 2010(c), as amended by section 302(a), 

is amended by striking paragraph (2) and inserting the following 

new paragraphs: 

‘‘(2) APPLICABLE EXCLUSION AMOUNT.—For purposes of this 

subsection, the applicable exclusion amount is the sum of— 

‘‘(A) the basic exclusion amount, and 

‘‘(B) in the case of a surviving spouse, the deceased 

spousal unused exclusion amount. 

‘‘(3) BASIC EXCLUSION AMOUNT.— 

‘‘(A) IN GENERAL.—For purposes of this subsection, the 

basic exclusion amount is $5,000,000. 

‘‘(B) INFLATION ADJUSTMENT.—In the case of any 

decedent dying in a calendar year after 2011, the dollar 

26 USC 2001 

note. 

Applicability. 

Applicability. 

26 USC 2001. 

Time period. 

26 USC 2641 

note. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3303 

amount in subparagraph (A) shall be increased by an 

amount equal to— 

‘‘(i) such dollar amount, multiplied by 

‘‘(ii) the cost-of-living adjustment determined 

under section 1(f)(3) for such calendar year by substituting ‘calendar year 2010’ for ‘calendar year 1992’ 

in subparagraph (B) thereof. 

If any amount as adjusted under the preceding sentence 

is not a multiple of $10,000, such amount shall be rounded 

to the nearest multiple of $10,000. 

‘‘(4) DECEASED SPOUSAL UNUSED EXCLUSION AMOUNT.—For 

purposes of this subsection, with respect to a surviving spouse 

of a deceased spouse dying after December 31, 2010, the term 

‘deceased spousal unused exclusion amount’ means the lesser 

of— 

‘‘(A) the basic exclusion amount, or 

‘‘(B) the excess of— 

‘‘(i) the basic exclusion amount of the last such 

deceased spouse of such surviving spouse, over 

‘‘(ii) the amount with respect to which the tentative 

tax is determined under section 2001(b)(1) on the estate 

of such deceased spouse. 

‘‘(5) SPECIAL RULES.— 

‘‘(A) ELECTION REQUIRED.—A deceased spousal unused 

exclusion amount may not be taken into account by a 

surviving spouse under paragraph (2) unless the executor 

of the estate of the deceased spouse files an estate tax 

return on which such amount is computed and makes 

an election on such return that such amount may be so 

taken into account. Such election, once made, shall be 

irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed 

by law (including extensions) for filing such return. 

‘‘(B) EXAMINATION OF PRIOR RETURNS AFTER EXPIRATION

OF PERIOD OF LIMITATIONS WITH RESPECT TO DECEASED

SPOUSAL UNUSED EXCLUSION AMOUNT.—Notwithstanding 

any period of limitation in section 6501, after the time 

has expired under section 6501 within which a tax may 

be assessed under chapter 11 or 12 with respect to a 

deceased spousal unused exclusion amount, the Secretary 

may examine a return of the deceased spouse to make 

determinations with respect to such amount for purposes 

of carrying out this subsection. 

‘‘(6) REGULATIONS.—The Secretary shall prescribe such 

regulations as may be necessary or appropriate to carry out 

this subsection.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Paragraph (1) of section 2505(a), as amended by section 

302(b)(1), is amended to read as follows: 

‘‘(1) the applicable credit amount in effect under section 

2010(c) which would apply if the donor died as of the end 

of the calendar year, reduced by’’. 

(2) Section 2631(c) is amended by striking ‘‘the applicable 

exclusion amount’’ and inserting ‘‘the basic exclusion amount’’. 

(3) Section 6018(a)(1) is amended by striking ‘‘applicable 

exclusion amount’’ and inserting ‘‘basic exclusion amount’’. 

(c) EFFECTIVE DATES.— Applicability. 

26 USC 2010 

note. 

26 USC 2505. 


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124 STAT. 3304 PUBLIC LAW 111–312—DEC. 17, 2010 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

amendments made by this section shall apply to estates of 

decedents dying and gifts made after December 31, 2010. 

(2) CONFORMING AMENDMENT RELATING TO GENERATION- SKIPPING TRANSFERS.—The amendment made by subsection 

(b)(2) shall apply to generation-skipping transfers after 

December 31, 2010. 

SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE. 

Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made by this 

title. 

TITLE IV—TEMPORARY EXTENSION OF 

INVESTMENT INCENTIVES 

SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS. 

(a) IN GENERAL.—Paragraph (2) of section 168(k) is amended— 

(1) by striking ‘‘January 1, 2012’’ in subparagraph (A)(iv) 

and inserting ‘‘January 1, 2014’’, and 

(2) by striking ‘‘January 1, 2011’’ each place it appears 

and inserting ‘‘January 1, 2013’’. 

(b) TEMPORARY 100 PERCENT EXPENSING.—Subsection (k) of 

section 168 is amended by adding at the end the following new 

paragraph: 

‘‘(5) SPECIAL RULE FOR PROPERTY ACQUIRED DURING CERTAIN

PRE-2012 PERIODS.—In the case of qualified property acquired 

by the taxpayer (under rules similar to the rules of clauses 

(ii) and (iii) of paragraph (2)(A)) after September 8, 2010, and 

before January 1, 2012, and which is placed in service by 

the taxpayer before January 1, 2012 (January 1, 2013, in the 

case of property described in subparagraph (2)(B) or (2)(C)), 

paragraph (1)(A) shall be applied by substituting ‘100 percent’ 

for ‘50 percent’.’’. 

(c) EXTENSION OF ELECTION TO ACCELERATE THE AMT CREDIT

IN LIEU OF BONUS DEPRECIATION.— 

(1) EXTENSION.—Clause (iii) of section 168(k)(4)(D) is 

amended by striking ‘‘or production’’ and all that follows and 

inserting ‘‘or production— 

‘‘(I) after March 31, 2008, and before January 

1, 2010, and 

‘‘(II) after December 31, 2010, and before 

January 1, 2013, 

shall be taken into account under subparagraph (B)(ii) 

thereof,’’. 

(2) RULES FOR ROUND 2 EXTENSION PROPERTY.—Paragraph 

(4) of section 168(k) is amended by adding at the end the 

following new subparagraph: 

‘‘(I) SPECIAL RULES FOR ROUND 2 EXTENSION PROP- ERTY.— 

‘‘(i) IN GENERAL.—In the case of round 2 extension 

property, this paragraph shall be applied without 

regard to— 

‘‘(I) the limitation described in subparagraph 

(B)(i) thereof, and 

Applicability. 

Time periods. 

Applicability. 

26 USC 168. 

26 USC 121 note. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3305 

‘‘(II) the business credit increase amount 

under subparagraph (E)(iii) thereof. 

‘‘(ii) TAXPAYERS PREVIOUSLY ELECTING ACCELERATION.—In the case of a taxpayer who made the election 

under subparagraph (A) for its first taxable year ending 

after March 31, 2008, or a taxpayer who made the 

election under subparagraph (H)(ii) for its first taxable 

year ending after December 31, 2008— 

‘‘(I) the taxpayer may elect not to have this 

paragraph apply to round 2 extension property, 

but 

‘‘(II) if the taxpayer does not make the election 

under subclause (I), in applying this paragraph 

to the taxpayer the bonus depreciation amount, 

maximum amount, and maximum increase amount 

shall be computed and applied to eligible qualified 

property which is round 2 extension property. 

The amounts described in subclause (II) shall be computed separately from any amounts computed with 

respect to eligible qualified property which is not round 

2 extension property. 

‘‘(iii) TAXPAYERS NOT PREVIOUSLY ELECTING ACCELERATION.—In the case of a taxpayer who neither made 

the election under subparagraph (A) for its first taxable 

year ending after March 31, 2008, nor made the election under subparagraph (H)(ii) for its first taxable 

year ending after December 31, 2008— 

‘‘(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after 

December 31, 2010, and each subsequent taxable 

year, and 

‘‘(II) if the taxpayer makes the election under 

subclause (I), this paragraph shall only apply to 

eligible qualified property which is round 2 extension property. 

‘‘(iv) ROUND 2 EXTENSION PROPERTY.—For purposes 

of this subparagraph, the term ‘round 2 extension property’ means property which is eligible qualified property solely by reason of the extension of the application 

of the special allowance under paragraph (1) pursuant 

to the amendments made by section 401(a) of the Tax 

Relief, Unemployment Insurance Reauthorization, and 

Job Creation Act of 2010 (and the application of such 

extension to this paragraph pursuant to the amendment made by section 401(c)(1) of such Act).’’. 

(d) CONFORMING AMENDMENTS.— 

(1) The heading for subsection (k) of section 168 is amended 

by striking ‘‘JANUARY 1, 2011’’ and inserting ‘‘JANUARY 1, 2013’’. 

(2) The heading for clause (ii) of section 168(k)(2)(B) is 

amended by striking ‘‘PRE-JANUARY 1, 2011’’ and inserting ‘‘PREJANUARY 1, 2013’’. 

(3) Subparagraph (D) of section 168(k)(4) is amended— 

(A) by striking clauses (iv) and (v), 

(B) by inserting ‘‘and’’ at the end of clause (ii), and 

(C) by striking the comma at the end of clause (iii) 

and inserting a period. 

(4) Paragraph (5) of section 168(l) is amended— 

26 USC 168. 


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124 STAT. 3306 PUBLIC LAW 111–312—DEC. 17, 2010 

(A) by inserting ‘‘and’’ at the end of subparagraph 

(A), 

(B) by striking subparagraph (B), and 

(C) by redesignating subparagraph (C) as subparagraph (B). 

(5) Subparagraph (C) of section 168(n)(2) is amended by 

striking ‘‘January 1, 2011’’ and inserting ‘‘January 1, 2013’’. 

(6) Subparagraph (D) of section 1400L(b)(2) is amended 

by striking ‘‘January 1, 2011’’ and inserting ‘‘January 1, 2013’’. 

(7) Subparagraph (B) of section 1400N(d)(3) is amended 

by striking ‘‘January 1, 2011’’ and inserting ‘‘January 1, 2013’’. 

(e) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

amendments made by this section shall apply to property placed 

in service after December 31, 2010, in taxable years ending 

after such date. 

(2) TEMPORARY 100 PERCENT EXPENSING.—The amendment 

made by subsection (b) shall apply to property placed in service 

after September 8, 2010, in taxable years ending after such 

date. 

SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS 

EXPENSING. 

(a) DOLLAR LIMITATION.—Section 179(b)(1) is amended by 

striking ‘‘and’’ at the end of subparagraph (B) and by striking 

subparagraph (C) and inserting the following new subparagraphs: 

‘‘(C) $125,000 in the case of taxable years beginning 

in 2012, and 

‘‘(D) $25,000 in the case of taxable years beginning 

after 2012.’’. 

(b) REDUCTION IN LIMITATION.—Section 179(b)(2) is amended 

by striking ‘‘and’’ at the end of subparagraph (B) and by striking 

subparagraph (C) and inserting the following new subparagraphs: 

‘‘(C) $500,000 in the case of taxable years beginning 

in 2012, and 

‘‘(D) $200,000 in the case of taxable years beginning 

after 2012.’’. 

(c) INFLATION ADJUSTMENT.—Subsection (b) of section 179 is 

amended by adding at the end the following new paragraph: 

‘‘(6) INFLATION ADJUSTMENT.— 

‘‘(A) IN GENERAL.—In the case of any taxable year 

beginning in calendar year 2012, the $125,000 and 

$500,000 amounts in paragraphs (1)(C) and (2)(C) shall 

each be increased by an amount equal to— 

‘‘(i) such dollar amount, multiplied by 

‘‘(ii) the cost-of-living adjustment determined 

under section 1(f)(3) for the calendar year in which 

the taxable year begins, by substituting ‘calendar year 

2006’ for ‘calendar year 1992’ in subparagraph (B) 

thereof. 

‘‘(B) ROUNDING.— ‘‘(i) DOLLAR LIMITATION.—If the amount in paragraph (1) as increased under subparagraph (A) is not 

a multiple of $1,000, such amount shall be rounded 

to the nearest multiple of $1,000. 

‘‘(ii) PHASEOUT AMOUNT.—If the amount in paragraph (2) as increased under subparagraph (A) is not 

Applicability. 

26 USC 168 note. 

26 USC 168. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3307 

a multiple of $10,000, such amount shall be rounded 

to the nearest multiple of $10,000.’’. 

(d) COMPUTER SOFTWARE.—Section 179(d)(1)(A)(ii) is amended 

by striking ‘‘2012’’ and inserting ‘‘2013’’. 

(e) CONFORMING AMENDMENT.—Section 179(c)(2) is amended 

by striking ‘‘2012’’ and inserting ‘‘2013’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2011. 

TITLE V—TEMPORARY EXTENSION OF 

UNEMPLOYMENT INSURANCE AND 

RELATED MATTERS 

SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE 

PROVISIONS. 

(a) IN GENERAL.—(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 

is amended— 

(A) by striking ‘‘November 30, 2010’’ each place it appears 

and inserting ‘‘January 3, 2012’’; 

(B) in the heading for subsection (b)(2), by striking 

‘‘NOVEMBER 30, 2010’’ and inserting ‘‘JANUARY 3, 2012’’; and 

(C) in subsection (b)(3), by striking ‘‘April 30, 2011’’ and 

inserting ‘‘June 9, 2012’’. 

(2) Section 2005 of the Assistance for Unemployed Workers 

and Struggling Families Act, as contained in Public Law 111– 

5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended— 

(A) by striking ‘‘December 1, 2010’’ each place it appears 

and inserting ‘‘January 4, 2012’’; and 

(B) in subsection (c), by striking ‘‘May 1, 2011’’ and 

inserting ‘‘June 11, 2012’’. 

(3) Section 5 of the Unemployment Compensation Extension 

Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is amended 

by striking ‘‘April 30, 2011’’ and inserting ‘‘June 10, 2012’’. 

(b) FUNDING.—Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 

is amended— 

(1) in subparagraph (E), by striking ‘‘and’’ at the end; 

and 

(2) by inserting after subparagraph (F) the following: 

‘‘(G) the amendments made by section 501(a)(1) of the 

Tax Relief, Unemployment Insurance Reauthorization, and 

Job Creation Act of 2010; and’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111–205). 

SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE 

EXTENDED BENEFIT PROGRAM. 

(a) INDICATOR.—Section 203(d) of the Federal-State Extended 

Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) 

is amended, in the flush matter following paragraph (2), by inserting 

after the first sentence the following sentence: ‘‘Effective with 

respect to compensation for weeks of unemployment beginning after 

the date of enactment of the Tax Relief, Unemployment Insurance 

Effective date. 

26 USC 3304. 

26 USC 3304 

note. 

26 USC 179 note. 

26 USC 179. 


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124 STAT. 3308 PUBLIC LAW 111–312—DEC. 17, 2010 

Reauthorization, and Job Creation Act of 2010 (or, if later, the 

date established pursuant to State law), and ending on or before 

December 31, 2011, the State may by law provide that the determination of whether there has been a state ‘on’ or ‘off’ indicator 

beginning or ending any extended benefit period shall be made 

under this subsection as if the word ‘two’ were ‘three’ in subparagraph (1)(A).’’. 

(b) ALTERNATIVE TRIGGER.—Section 203(f) of the Federal-State 

Extended Unemployment Compensation Act of 1970 (26 U.S.C. 

3304 note) is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) Effective with respect to compensation for weeks of 

unemployment beginning after the date of enactment of the Tax 

Relief, Unemployment Insurance Reauthorization, and Job Creation 

Act of 2010 (or, if later, the date established pursuant to State 

law), and ending on or before December 31, 2011, the State may 

by law provide that the determination of whether there has been 

a state ‘on’ or ‘off’ indicator beginning or ending any extended 

benefit period shall be made under this subsection as if the word 

‘either’ were ‘any’, the word ‘both’ were ‘all’, and the figure ‘2’ 

were ‘3’ in clause (1)(A)(ii).’’. 

SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF 

UNEMPLOYMENT COMPENSATION DEBTS. 

(a) IN GENERAL.—Section 6402(f)(3)(C), as amended by section 

801 of the Claims Resolution Act of 2010, is amended by striking 

‘‘is not a covered unemployment compensation debt’’ and inserting 

‘‘is a covered unemployment compensation debt’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in section 801 of the Claims Resolution Act of 2010. 

SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF CONTINUED DUMPING AND SUBSIDY OFFSET. 

(a) IN GENERAL.—Section 822(2)(A) of the Claims Resolution 

Act of 2010 is amended by striking ‘‘or’’ and inserting ‘‘and’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect as if included in the provisions of the Claims 

Resolution Act of 2010. 

SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER 

THE RAILROAD UNEMPLOYMENT INSURANCE ACT. 

(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Railroad 

Unemployment Insurance Act, as added by section 2006 of the 

American Recovery and Reinvestment Act of 2009 (Public Law 

111–5) and as amended by section 9 of the Worker, Homeownership, 

and Business Assistance Act of 2009 (Public Law 111–92), is 

amended— 

(1) by striking ‘‘June 30, 2010’’ and inserting ‘‘June 30, 

2011’’; and 

(2) by striking ‘‘December 31, 2010’’ and inserting 

‘‘December 31, 2011’’. 

(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds 

appropriated under either the first or second sentence of clause 

(iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance 

Act shall be available to cover the cost of additional extended 

Ante, p. 2988. 

19 USC 1675c 

note. 

Ante, p. 3163. 

26 USC 6402 

note. 

26 USC 6402. 

Effective date. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3309 

unemployment benefits provided under such section 2(c)(2)(D) by 

reason of the amendments made by subsection (a) as well as to 

cover the cost of such benefits provided under such section 

2(c)(2)(D), as in effect on the day before the date of the enactment 

of this Act. 

TITLE VI—TEMPORARY EMPLOYEE 

PAYROLL TAX CUT 

SEC. 601. TEMPORARY EMPLOYEE PAYROLL TAX CUT. 

(a) IN GENERAL.—Notwithstanding any other provision of law— 

(1) with respect to any taxable year which begins in the 

payroll tax holiday period, the rate of tax under section 1401(a) 

of the Internal Revenue Code of 1986 shall be 10.40 percent, 

and 

(2) with respect to remuneration received during the payroll 

tax holiday period, the rate of tax under 3101(a) of such Code 

shall be 4.2 percent (including for purposes of determining 

the applicable percentage under sections 3201(a) and 3211(a)(1) 

of such Code). 

(b) COORDINATION WITH DEDUCTIONS FOR EMPLOYMENT

TAXES.— (1) DEDUCTION IN COMPUTING NET EARNINGS FROM SELF- EMPLOYMENT.—For purposes of applying section 1402(a)(12) of 

the Internal Revenue Code of 1986, the rate of tax imposed 

by subsection 1401(a) of such Code shall be determined without 

regard to the reduction in such rate under this section. 

(2) INDIVIDUAL DEDUCTION.—In the case of the taxes 

imposed by section 1401 of such Code for any taxable year 

which begins in the payroll tax holiday period, the deduction 

under section 164(f) with respect to such taxes shall be equal 

to the sum of— 

(A) 59.6 percent of the portion of such taxes attributable to the tax imposed by section 1401(a) (determined 

after the application of this section), plus 

(B) one-half of the portion of such taxes attributable 

to the tax imposed by section 1401(b). 

(c) PAYROLL TAX HOLIDAY PERIOD.—The term ‘‘payroll tax holiday period’’ means calendar year 2011. 

(d) EMPLOYER NOTIFICATION.—The Secretary of the Treasury 

shall notify employers of the payroll tax holiday period in any 

manner the Secretary deems appropriate. 

(e) TRANSFERS OF FUNDS.— (1) TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSUR- ANCE TRUST FUND.—There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 

of the Social Security Act (42 U.S.C. 401) amounts equal to 

the reduction in revenues to the Treasury by reason of the 

application of subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund 

at such times and in such manner as to replicate to the extent 

possible the transfers which would have occurred to such Trust 

Fund had such amendments not been enacted. 

(2) TRANSFERS TO SOCIAL SECURITY EQUIVALENT BENEFIT

ACCOUNT.—There are hereby appropriated to the Social Security Appropriation. 

Definition. 

26 USC 1401 

note. 


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124 STAT. 3310 PUBLIC LAW 111–312—DEC. 17, 2010 

Equivalent Benefit Account established under section 15A(a) 

of the Railroad Retirement Act of 1974 (45 U.S.C. 231n–1(a)) 

amounts equal to the reduction in revenues to the Treasury 

by reason of the application of subsection (a)(2). Amounts appropriated by the preceding sentence shall be transferred from 

the general fund at such times and in such manner as to 

replicate to the extent possible the transfers which would have 

occurred to such Account had such amendments not been 

enacted. 

(3) COORDINATION WITH OTHER FEDERAL LAWS.—For purposes of applying any provision of Federal law other than 

the provisions of the Internal Revenue Code of 1986, the rate 

of tax in effect under section 3101(a) of such Code shall be 

determined without regard to the reduction in such rate under 

this section. 

TITLE VII—TEMPORARY EXTENSION OF 

CERTAIN EXPIRING PROVISIONS 

Subtitle A—Energy 

SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL. 

(a) CREDITS FOR BIODIESEL AND RENEWABLE DIESEL USED AS

FUEL.—Subsection (g) of section 40A is amended by striking 

‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR BIODIESEL

AND RENEWABLE DIESEL FUEL MIXTURES.— 

(1) Paragraph (6) of section 6426(c) is amended by striking 

‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(2) Subparagraph (B) of section 6427(e)(6) is amended by 

striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

2011’’. 

(c) SPECIAL RULE FOR 2010.—Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly 

determined under section 6426(c) of the Internal Revenue Code 

of 1986 for periods during 2010, such credit shall be allowed, 

and any refund or payment attributable to such credit (including 

any payment under section 6427(e) of such Code) shall be made, 

only in such manner as the Secretary of the Treasury (or the 

Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act 

providing for a one-time submission of claims covering periods 

during 2010. Such guidance shall provide for a 180-day period 

for the submission of such claims (in such manner as prescribed 

by such Secretary) to begin not later than 30 days after such 

guidance is issued. Such claims shall be paid by such Secretary 

not later than 60 days after receipt. If such Secretary has not 

paid pursuant to a claim filed under this subsection within 60 

days after the date of the filing of such claim, the claim shall 

be paid with interest from such date determined by using the 

overpayment rate and method under section 6621 of such Code. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to fuel sold or used after December 31, 2009. 

26 USC 40A note. 

Time period. 

Guidance. 

Claims. 

Deadline. 

26 USC 6426 

note. 

26 USC 40A. 

Applicability. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3311 

SEC. 702. CREDIT FOR REFINED COAL FACILITIES. 

(a) IN GENERAL.—Subparagraph (B) of section 45(d)(8) is 

amended by striking ‘‘January 1, 2010’’ and inserting ‘‘January 

1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to facilities placed in service after December 31, 2009. 

SEC. 703. NEW ENERGY EFFICIENT HOME CREDIT. 

(a) IN GENERAL.—Subsection (g) of section 45L is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to homes acquired after December 31, 2009. 

SEC. 704. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES. 

(a) IN GENERAL.—Sections 6426(d)(5), 6426(e)(3), and 

6427(e)(6)(C) are each amended by striking ‘‘December 31, 2009’’ 

and inserting ‘‘December 31, 2011’’. 

(b) EXCLUSION OF BLACK LIQUOR FROM CREDIT ELIGIBILITY.— 

The last sentence of section 6426(d)(2) is amended by striking 

‘‘or biodiesel’’ and inserting ‘‘biodiesel, or any fuel (including lignin, 

wood residues, or spent pulping liquors) derived from the production 

of paper or pulp’’. 

(c) SPECIAL RULE FOR 2010.—Notwithstanding any other provision of law, in the case of any alternative fuel credit or any alternative fuel mixture credit properly determined under subsection 

(d) or (e) of section 6426 of the Internal Revenue Code of 1986 

for periods during 2010, such credit shall be allowed, and any 

refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only 

in such manner as the Secretary of the Treasury (or the Secretary’s 

delegate) shall provide. Such Secretary shall issue guidance within 

30 days after the date of the enactment of this Act providing 

for a one-time submission of claims covering periods during 2010. 

Such guidance shall provide for a 180-day period for the submission 

of such claims (in such manner as prescribed by such Secretary) 

to begin not later than 30 days after such guidance is issued. 

Such claims shall be paid by such Secretary not later than 60 

days after receipt. If such Secretary has not paid pursuant to 

a claim filed under this subsection within 60 days after the date 

of the filing of such claim, the claim shall be paid with interest 

from such date determined by using the overpayment rate and 

method under section 6621 of such Code. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to fuel sold or used after December 31, 2009. 

SEC. 705. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT 

FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR 

QUALIFIED ELECTRIC UTILITIES. 

(a) IN GENERAL.—Paragraph (3) of section 451(i) is amended 

by striking ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to dispositions after December 31, 2009. 

SEC. 706. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION 

FOR OIL AND GAS FROM MARGINAL WELLS. 

(a) IN GENERAL.—Clause (ii) of section 613A(c)(6)(H) is amended 

by striking ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2012’’. 

26 USC 451 note. 

26 USC 6426 

note. 

Time period. 

Guidance. 

Claims. 

Deadline. 

26 USC 6426 

note. 

26 USC 45L note. 

26 USC 45 note. 

26 USC 45. 


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124 STAT. 3312 PUBLIC LAW 111–312—DEC. 17, 2010 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 

IN LIEU OF TAX CREDITS. 

(a) IN GENERAL.—Subsection (a) of section 1603 of division 

B of the American Recovery and Reinvestment Act of 2009 is 

amended— 

(1) in paragraph (1), by striking ‘‘2009 or 2010’’ and 

inserting ‘‘2009, 2010, or 2011’’, and 

(2) in paragraph (2)— 

(A) by striking ‘‘after 2010’’ and inserting ‘‘after 2011’’, 

and 

(B) by striking ‘‘2009 or 2010’’ and inserting ‘‘2009, 

2010, or 2011’’. 

(b) CONFORMING AMENDMENT.—Subsection (j) of section 1603 

of division B of such Act is amended by striking ‘‘2011’’ and inserting 

‘‘2012’’. 

SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED 

AS FUEL. 

(a) EXTENSION OF INCOME TAX CREDIT FOR ALCOHOL USED

AS FUEL.— 

(1) IN GENERAL.—Paragraph (1) of section 40(e) is 

amended— 

(A) by striking ‘‘December 31, 2010’’ in subparagraph 

(A) and inserting ‘‘December 31, 2011’’, and 

(B) by striking ‘‘January 1, 2011’’ in subparagraph 

(B) and inserting ‘‘January 1, 2012’’. 

(2) REDUCED AMOUNT FOR ETHANOL BLENDERS.—Subsection 

(h) of section 40 is amended by striking ‘‘2010’’ both places 

it appears and inserting ‘‘2011’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to periods after December 31, 2010. 

(b) EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL USED AS

FUEL.— (1) IN GENERAL.—Paragraph (6) of section 6426(b) is 

amended by striking ‘‘December 31, 2010’’ and inserting 

‘‘December 31, 2011’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to periods after December 31, 2010. 

(c) EXTENSION OF PAYMENT FOR ALCOHOL FUEL MIXTURE.— (1) IN GENERAL.—Subparagraph (A) of section 6427(e)(6) 

is amended by striking ‘‘December 31, 2010’’ and inserting 

‘‘December 31, 2011’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to sales and uses after December 31, 2010. 

(d) EXTENSION OF ADDITIONAL DUTIES ON ETHANOL.— (1) IN GENERAL.—Headings 9901.00.50 and 9901.00.52 of 

the Harmonized Tariff Schedule of the United States are each 

amended in the effective period column by striking ‘‘1/1/2011’’ 

and inserting ‘‘1/1/2012’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on January 1, 2011. 

SEC. 709. ENERGY EFFICIENT APPLIANCE CREDIT. 

(a) DISHWASHERS.—Paragraph (1) of section 45M(b) is amended 

by striking ‘‘and’’ at the end of subparagraph (A), by striking the 

26 USC 6427 

note. 

26 USC 6426 

note. 

26 USC 40 note. 

26 USC 48 note. 

26 USC 613A 

note. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3313 

period at the end of subparagraph (B) and inserting a comma, 

and by adding at the end the following new subparagraphs: 

‘‘(C) $25 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than 

307 kilowatt hours per year and 5.0 gallons per cycle 

(5.5 gallons per cycle for dishwashers designed for greater 

than 12 place settings), 

‘‘(D) $50 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than 

295 kilowatt hours per year and 4.25 gallons per cycle 

(4.75 gallons per cycle for dishwashers designed for greater 

than 12 place settings), and 

‘‘(E) $75 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than 

280 kilowatt hours per year and 4 gallons per cycle (4.5 

gallons per cycle for dishwashers designed for greater than 

12 place settings).’’. 

(b) CLOTHES WASHERS.—Paragraph (2) of section 45M(b) is 

amended by striking ‘‘and’’ at the end of subparagraph (C), by 

striking the period at the end of subparagraph (D) and inserting 

a comma, and by adding at the end the following new subparagraphs: 

‘‘(E) $175 in the case of a top-loading clothes washer 

manufactured in calendar year 2011 which meets or 

exceeds a 2.2 modified energy factor and does not exceed 

a 4.5 water consumption factor, and 

‘‘(F) $225 in the case of a clothes washer manufactured 

in calendar year 2011— 

‘‘(i) which is a top-loading clothes washer and 

which meets or exceeds a 2.4 modified energy factor 

and does not exceed a 4.2 water consumption factor, 

or 

‘‘(ii) which is a front-loading clothes washer and 

which meets or exceeds a 2.8 modified energy factor 

and does not exceed a 3.5 water consumption factor.’’. 

(c) REFRIGERATORS.—Paragraph (3) of section 45M(b) is 

amended by striking ‘‘and’’ at the end of subparagraph (C), by 

striking the period at the end of subparagraph (D) and inserting 

a comma, and by adding at the end the following new subparagraphs: 

‘‘(E) $150 in the case of a refrigerator manufactured 

in calendar year 2011 which consumes at least 30 percent 

less energy than the 2001 energy conservation standards, 

and 

‘‘(F) $200 in the case of a refrigerator manufactured 

in calendar year 2011 which consumes at least 35 percent 

less energy than the 2001 energy conservation standards.’’. 

(d) REBASING OF LIMITATIONS.— 

(1) IN GENERAL.—Paragraph (1) of section 45M(e) is 

amended— 

(A) by striking ‘‘$75,000,000’’ and inserting 

‘‘$25,000,000’’, and 

(B) by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2010’’. 

(2) EXCEPTION FOR CERTAIN REFRIGERATORS AND CLOTHES

WASHERS.—Paragraph (2) of section 45M(e) is amended— 

26 USC 45M. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
124 STAT. 3314 PUBLIC LAW 111–312—DEC. 17, 2010 

(A) by striking ‘‘subsection (b)(3)(D)’’ and inserting 

‘‘subsection (b)(3)(F)’’, and 

(B) by striking ‘‘subsection (b)(2)(D)’’ and inserting 

‘‘subsection (b)(2)(F)’’. 

(3) GROSS RECEIPTS LIMITATION.—Paragraph (3) of section 

45M(e) is amended by striking ‘‘2 percent’’ and inserting ‘‘4 

percent’’. 

(e) EFFECTIVE DATES.— 

(1) IN GENERAL.—The amendments made by subsections 

(a), (b), and (c) shall apply to appliances produced after 

December 31, 2010. 

(2) LIMITATIONS.—The amendments made by subsection 

(d) shall apply to taxable years beginning after December 31, 

2010. 

SEC. 710. CREDIT FOR NONBUSINESS ENERGY PROPERTY. 

(a) EXTENSION.—Section 25C(g)(2) is amended by striking 

‘‘2010’’ and inserting ‘‘2011’’. 

(b) RETURN TO PRE-ARRA LIMITATIONS AND STANDARDS.— 

(1) IN GENERAL.—Subsections (a) and (b) of section 25C 

are amended to read as follows: 

‘‘(a) ALLOWANCE OF CREDIT.—In the case of an individual, there 

shall be allowed as a credit against the tax imposed by this chapter 

for the taxable year an amount equal to the sum of— 

‘‘(1) 10 percent of the amount paid or incurred by the 

taxpayer for qualified energy efficiency improvements installed 

during such taxable year, and 

‘‘(2) the amount of the residential energy property expenditures paid or incurred by the taxpayer during such taxable 

year. 

‘‘(b) LIMITATIONS.— 

‘‘(1) LIFETIME LIMITATION.—The credit allowed under this 

section with respect to any taxpayer for any taxable year shall 

not exceed the excess (if any) of $500 over the aggregate credits 

allowed under this section with respect to such taxpayer for 

all prior taxable years ending after December 31, 2005. 

‘‘(2) WINDOWS.—In the case of amounts paid or incurred 

for components described in subsection (c)(2)(B) by any taxpayer 

for any taxable year, the credit allowed under this section 

with respect to such amounts for such year shall not exceed 

the excess (if any) of $200 over the aggregate credits allowed 

under this section with respect to such amounts for all prior 

taxable years ending after December 31, 2005. 

‘‘(3) LIMITATION ON RESIDENTIAL ENERGY PROPERTY

EXPENDITURES.—The amount of the credit allowed under this 

section by reason of subsection (a)(2) shall not exceed— 

‘‘(A) $50 for any advanced main air circulating fan, 

‘‘(B) $150 for any qualified natural gas, propane, or 

oil furnace or hot water boiler, and 

‘‘(C) $300 for any item of energy-efficient building property.’’. 

(2) MODIFICATION OF STANDARDS.— 

(A) IN GENERAL.—Paragraph (1) of section 25C(c) is 

amended by striking ‘‘2000’’ and all that follows through 

‘‘this section’’ and inserting ‘‘2009 International Energy 

Conservation Code, as such Code (including supplements) 

Applicability. 

26 USC 45M 

note. 

26 USC 45M. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3315 

is in effect on the date of the enactment of the American 

Recovery and Reinvestment Tax Act of 2009’’. 

(B) WOOD STOVES.—Subparagraph (E) of section 

25C(d)(3) is amended by striking ‘‘, as measured using 

a lower heating value’’. 

(C) OIL FURNACES AND HOT WATER BOILERS.— 

(i) IN GENERAL.—Paragraph (4) of section 25C(d) 

is amended to read as follows: 

‘‘(4) QUALIFIED NATURAL GAS, PROPANE, OR OIL FURNACE

OR HOT WATER BOILER.—The term ‘qualified natural gas, propane, or oil furnace or hot water boiler’ means a natural gas, 

propane, or oil furnace or hot water boiler which achieves 

an annual fuel utilization efficiency rate of not less than 95.’’. 

(ii) CONFORMING AMENDMENT.—Clause (ii) of section 25C(d)(2)(A) is amended to read as follows: 

‘‘(ii) a qualified natural gas, propane, or oil furnace 

or hot water boiler, or’’. 

(D) EXTERIOR WINDOWS, DOORS, AND SKYLIGHTS.— 

(i) IN GENERAL.—Subsection (c) of section 25C is 

amended by striking paragraph (4). 

(ii) APPLICATION OF ENERGY STAR STANDARDS.— 

Paragraph (1) of section 25C(c) is amended by inserting 

‘‘an exterior window, a skylight, an exterior door,’’ after 

‘‘in the case of’’ in the matter preceding subparagraph 

(A). 

(E) INSULATION.—Subparagraph (A) of section 25C(c)(2) 

is amended by striking ‘‘and meets the prescriptive criteria 

for such material or system established by the 2009 International Energy Conservation Code, as such Code 

(including supplements) is in effect on the date of the 

enactment of the American Recovery and Reinvestment 

Tax Act of 2009’’. 

(3) SUBSIDIZED ENERGY FINANCING.—Subsection (e) of section 25C is amended by adding at the end the following new 

paragraph: 

‘‘(3) PROPERTY FINANCED BY SUBSIDIZED ENERGY

FINANCING.—For purposes of determining the amount of 

expenditures made by any individual with respect to any property, there shall not be taken into account expenditures which 

are made from subsidized energy financing (as defined in section 48(a)(4)(C)).’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to property placed in service after December 31, 2010. 

SEC. 711. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. 

(a) EXTENSION OF CREDIT.—Paragraph (2) of section 30C(g) 

is amended by striking ‘‘December 31, 2010’’ and inserting 

‘‘December 31, 2011.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2010. 

26 USC 30C note. 

26 USC 25C note. 

Definition. 

26 USC 25C. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
124 STAT. 3316 PUBLIC LAW 111–312—DEC. 17, 2010 

Subtitle B—Individual Tax Relief 

SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND 

SECONDARY SCHOOL TEACHERS. 

(a) IN GENERAL.—Subparagraph (D) of section 62(a)(2) is 

amended by striking ‘‘or 2009’’ and inserting ‘‘2009, 2010, or 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES. 

(a) IN GENERAL.—Subparagraph (I) of section 164(b)(5) is 

amended by striking ‘‘January 1, 2010’’ and inserting ‘‘January 

1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 

FOR CONSERVATION PURPOSES. 

(a) IN GENERAL.—Clause (vi) of section 170(b)(1)(E) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) CONTRIBUTIONS BY CERTAIN CORPORATE FARMERS AND

RANCHERS.—Clause (iii) of section 170(b)(2)(B) is amended by 

striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to contributions made in taxable years beginning after 

December 31, 2009. 

SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND 

RELATED EXPENSES. 

(a) IN GENERAL.—Subsection (e) of section 222 is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT 

PLANS FOR CHARITABLE PURPOSES. 

(a) IN GENERAL.—Subparagraph (F) of section 408(d)(8) is 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2011’’. 

(b) EFFECTIVE DATE; SPECIAL RULE.— (1) EFFECTIVE DATE.—The amendment made by this section 

shall apply to distributions made in taxable years beginning 

after December 31, 2009. 

(2) SPECIAL RULE.—For purposes of subsections (a)(6), 

(b)(3), and (d)(8) of section 408 of the Internal Revenue Code 

of 1986, at the election of the taxpayer (at such time and 

in such manner as prescribed by the Secretary of the Treasury) 

any qualified charitable distribution made after December 31, 

2010, and before February 1, 2011, shall be deemed to have 

been made on December 31, 2010. 

SEC. 726. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY STOCK IN DETERMINING GROSS ESTATE OF NONRESIDENTS. 

(a) IN GENERAL.—Paragraph (3) of section 2105(d) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

26 USC 408 note. 

26 USC 222 note. 

26 USC 170 note. 

26 USC 164 note. 

26 USC 62 note. 

26 USC 62. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3317 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to estates of decedents dying after December 31, 2009. 

SEC. 727. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYERPROVIDED MASS TRANSIT AND PARKING BENEFITS. 

(a) IN GENERAL.—Paragraph (2) of section 132(f) is amended 

by striking ‘‘January 1, 2011’’ and inserting ‘‘January 1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to months after December 31, 2010. 

SEC. 728. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS. 

(a) IN GENERAL.—Subchapter A of chapter 65 is amended by 

adding at the end the following new section: 

‘‘SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

any refund (or advance payment with respect to a refundable credit) 

made to any individual under this title shall not be taken into 

account as income, and shall not be taken into account as resources 

for a period of 12 months from receipt, for purposes of determining 

the eligibility of such individual (or any other individual) for benefits 

or assistance (or the amount or extent of benefits or assistance) 

under any Federal program or under any State or local program 

financed in whole or in part with Federal funds. 

‘‘(b) TERMINATION.—Subsection (a) shall not apply to any 

amount received after December 31, 2012.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for such subchapter is amended by adding at the end the following new item: 

‘‘Sec. 6409. Refunds disregarded in the administration of Federal programs and 

federally assisted programs.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to amounts received after December 31, 2009. 

Subtitle C—Business Tax Relief 

SEC. 731. RESEARCH CREDIT. 

(a) IN GENERAL.—Subparagraph (B) of section 41(h)(1) is 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2011’’. 

(b) CONFORMING AMENDMENT.—Subparagraph (D) of section 

45C(b)(1) is amended by striking ‘‘December 31, 2009’’ and inserting 

‘‘December 31, 2011’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to amounts paid or incurred after December 31, 2009. 

SEC. 732. INDIAN EMPLOYMENT TAX CREDIT. 

(a) IN GENERAL.—Subsection (f) of section 45A is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 733. NEW MARKETS TAX CREDIT. 

(a) IN GENERAL.—Paragraph (1) of section 45D(f) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (E), 

26 USC 45A note. 

26 USC 41 note. 

26 USC 6409 

note. 

26 USC 6409. 

26 USC 132 note. 

26 USC 132. 

26 USC 2105 

note. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
124 STAT. 3318 PUBLIC LAW 111–312—DEC. 17, 2010 

(2) by striking the period at the end of subparagraph (F), 

and 

(3) by adding at the end the following new subparagraph: ‘‘(G) $3,500,000,000 for 2010 and 2011.’’. 

(b) CONFORMING AMENDMENT.—Paragraph (3) of section 45D(f) 

is amended by striking ‘‘2014’’ and inserting ‘‘2016’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to calendar years beginning after 2009. 

SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT. 

(a) IN GENERAL.—Subsection (f) of section 45G is amended 

by striking ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2009. 

SEC. 735. MINE RESCUE TEAM TRAINING CREDIT. 

(a) IN GENERAL.—Subsection (e) of section 45N is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 

DUTY MEMBERS OF THE UNIFORMED SERVICES. 

(a) IN GENERAL.—Subsection (f) of section 45P is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to payments made after December 31, 2009. 

SEC. 737. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED 

LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT 

BUILDINGS AND IMPROVEMENTS, AND QUALIFIED RETAIL 

IMPROVEMENTS. 

(a) IN GENERAL.—Clauses (iv), (v), and (ix) of section 

168(e)(3)(E) are each amended by striking ‘‘January 1, 2010’’ and 

inserting ‘‘January 1, 2012’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Clause (i) of section 168(e)(7)(A) is amended by striking 

‘‘if such building is placed in service after December 31, 2008, 

and before January 1, 2010,’’. 

(2) Paragraph (8) of section 168(e) is amended by striking 

subparagraph (E). 

(3) Section 179(f)(2) is amended— 

(A) by striking ‘‘(without regard to the dates specified 

in subparagraph (A)(i) thereof)’’ in subparagraph (B), and 

(B) by striking ‘‘(without regard to subparagraph (E) 

thereof)’’ in subparagraph (C). 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to property placed in service after December 31, 2009. 

SEC. 738. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES. 

(a) IN GENERAL.—Subparagraph (D) of section 168(i)(15) is 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2009. 

26 USC 168 note. 

26 USC 168 note. 

26 USC 45P note. 

26 USC 45N 

note. 

26 USC 45G 

note. 

26 USC 45D 

note. 

26 USC 45D. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
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SEC. 739. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY 

ON AN INDIAN RESERVATION. 

(a) IN GENERAL.—Paragraph (8) of section 168(j) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2009. 

SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS 

OF FOOD INVENTORY. 

(a) IN GENERAL.—Clause (iv) of section 170(e)(3)(C) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to contributions made after December 31, 2009. 

SEC. 741. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS 

OF BOOK INVENTORIES TO PUBLIC SCHOOLS. 

(a) IN GENERAL.—Clause (iv) of section 170(e)(3)(D) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to contributions made after December 31, 2009. 

SEC. 742. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE CONTRIBUTIONS OF COMPUTER INVENTORY FOR EDUCATIONAL PURPOSES. 

(a) IN GENERAL.—Subparagraph (G) of section 170(e)(6) is 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to contributions made in taxable years beginning after 

December 31, 2009. 

SEC. 743. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT. 

(a) IN GENERAL.—Subsection (g) of section 179E is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2009. 

SEC. 744. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND TELEVISION PRODUCTIONS. 

(a) IN GENERAL.—Subsection (f) of section 181 is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to productions commencing after December 31, 2009. 

SEC. 745. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. 

(a) IN GENERAL.—Subsection (h) of section 198 is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to expenditures paid or incurred after December 31, 

2009. 

SEC. 746. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN 

PUERTO RICO. 

(a) IN GENERAL.—Subparagraph (C) of section 199(d)(8) is 

amended— 

(1) by striking ‘‘first 4 taxable years’’ and inserting ‘‘first 

6 taxable years’’; and 

26 USC 198 note. 

26 USC 181 note. 

26 USC 179E 

note. 

26 USC 170 note. 

26 USC 170 note. 

26 USC 170 note. 

26 USC 168 note. 

26 USC 168. 


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124 STAT. 3320 PUBLIC LAW 111–312—DEC. 17, 2010 

(2) by striking ‘‘January 1, 2010’’ and inserting ‘‘January 

1, 2012’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 747. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS 

TO CONTROLLING EXEMPT ORGANIZATIONS. 

(a) IN GENERAL.—Clause (iv) of section 512(b)(13)(E) is 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to payments received or accrued after December 31, 

2009. 

SEC. 748. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED 

INVESTMENT COMPANIES. 

(a) IN GENERAL.—Paragraphs (1)(C) and (2)(C) of section 871(k) 

are each amended by striking ‘‘December 31, 2009’’ and inserting 

‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 749. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER 

FIRPTA. 

(a) IN GENERAL.—Clause (ii) of section 897(h)(4)(A) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendment made by subsection (a) 

shall take effect on January 1, 2010. Notwithstanding the preceding sentence, such amendment shall not apply with respect 

to the withholding requirement under section 1445 of the 

Internal Revenue Code of 1986 for any payment made before 

the date of the enactment of this Act. 

(2) AMOUNTS WITHHELD ON OR BEFORE DATE OF ENACTMENT.—In the case of a regulated investment company— 

(A) which makes a distribution after December 31, 

2009, and before the date of the enactment of this Act; 

and 

(B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect 

to such distribution under section 1445 of such Code, 

such investment company shall not be liable to any person 

to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury. 

SEC. 750. EXCEPTIONS FOR ACTIVE FINANCING INCOME. 

(a) IN GENERAL.—Sections 953(e)(10) and 954(h)(9) are each 

amended by striking ‘‘January 1, 2010’’ and inserting ‘‘January 

1, 2012’’. 

(b) CONFORMING AMENDMENT.—Section 953(e)(10) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years of foreign corporations beginning after 

December 31, 2009, and to taxable years of United States shareholders with or within which any such taxable year of such foreign 

corporation ends. 

26 USC 953 note. 

26 USC 897 note. 

26 USC 871 note. 

26 USC 512. 

26 USC 512. 

26 USC 199 note. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3321 

SEC. 751. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED 

CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN 

PERSONAL HOLDING COMPANY RULES. 

(a) IN GENERAL.—Subparagraph (C) of section 954(c)(6) is 

amended by striking ‘‘January 1, 2010’’ and inserting ‘‘January 

1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years of foreign corporations beginning after 

December 31, 2009, and to taxable years of United States shareholders with or within which any such taxable year of such foreign 

corporation ends. 

SEC. 752. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY. 

(a) IN GENERAL.—Paragraph (2) of section 1367(a) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to contributions made in taxable years beginning after 

December 31, 2009. 

SEC. 753. EMPOWERMENT ZONE TAX INCENTIVES. 

(a) IN GENERAL.—Section 1391 is amended— 

(1) by striking ‘‘December 31, 2009’’ in subsection 

(d)(1)(A)(i) and inserting ‘‘December 31, 2011’’; and 

(2) by striking the last sentence of subsection (h)(2). 

(b) INCREASED EXCLUSION OF GAIN ON STOCK OF EMPOWERMENT

ZONE BUSINESSES.—Subparagraph (C) of section 1202(a)(2) is 

amended— 

(1) by striking ‘‘December 31, 2014’’ and inserting 

‘‘December 31, 2016’’; and 

(2) by striking ‘‘2014’’ in the heading and inserting ‘‘2016’’. 

(c) TREATMENT OF CERTAIN TERMINATION DATES SPECIFIED IN

NOMINATIONS.—In the case of a designation of an empowerment 

zone the nomination for which included a termination date which 

is contemporaneous with the date specified in subparagraph (A)(i) 

of section 1391(d)(1) of the Internal Revenue Code of 1986 (as 

in effect before the enactment of this Act), subparagraph (B) of 

such section shall not apply with respect to such designation if, 

after the date of the enactment of this section, the entity which 

made such nomination amends the nomination to provide for a 

new termination date in such manner as the Secretary of the 

Treasury (or the Secretary’s designee) may provide. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to periods after December 31, 2009. 

SEC. 754. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 

COLUMBIA. 

(a) IN GENERAL.—Subsection (f) of section 1400 is amended 

by striking ‘‘December 31, 2009’’ each place it appears and inserting 

‘‘December 31, 2011’’. 

(b) TAX-EXEMPT DC EMPOWERMENT ZONE BONDS.—Subsection 

(b) of section 1400A is amended by striking ‘‘December 31, 2009’’ 

and inserting ‘‘December 31, 2011’’. 

(c) ZERO-PERCENT CAPITAL GAINS RATE.— 

(1) ACQUISITION DATE.—Paragraphs (2)(A)(i), (3)(A), 

(4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each amended 

by striking ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2012’’. 

(2) LIMITATION ON PERIOD OF GAINS.— 

26 USC 1202 

note. 

26 USC 1391 

note. 

26 USC 1367 

note. 

26 USC 954 note. 

26 USC 954. 


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124 STAT. 3322 PUBLIC LAW 111–312—DEC. 17, 2010 

(A) IN GENERAL.—Paragraph (2) of section 1400B(e) 

is amended— 

(i) by striking ‘‘December 31, 2014’’ and inserting 

‘‘December 31, 2016’’; and 

(ii) by striking ‘‘2014’’ in the heading and inserting ‘‘2016’’. 

(B) PARTNERSHIPS AND S-CORPS.—Paragraph (2) of section 1400B(g) is amended by striking ‘‘December 31, 2014’’ 

and inserting ‘‘December 31, 2016’’. 

(d) FIRST-TIME HOMEBUYER CREDIT.—Subsection (i) of section 

1400C is amended by striking ‘‘January 1, 2010’’ and inserting 

‘‘January 1, 2012’’. 

(e) EFFECTIVE DATES.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to 

periods after December 31, 2009. 

(2) TAX-EXEMPT DC EMPOWERMENT ZONE BONDS.—The 

amendment made by subsection (b) shall apply to bonds issued 

after December 31, 2009. 

(3) ACQUISITION DATES FOR ZERO-PERCENT CAPITAL GAINS

RATE.—The amendments made by subsection (c) shall apply 

to property acquired or substantially improved after December 

31, 2009. 

(4) HOMEBUYER CREDIT.—The amendment made by subsection (d) shall apply to homes purchased after December 

31, 2009. 

SEC. 755. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM 

EXCISE TAXES TO PUERTO RICO AND THE VIRGIN ISLANDS. 

(a) IN GENERAL.—Paragraph (1) of section 7652(f) is amended 

by striking ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to distilled spirits brought into the United States after 

December 31, 2009. 

SEC. 756. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT. 

(a) IN GENERAL.—Subsection (d) of section 119 of division A 

of the Tax Relief and Health Care Act of 2006 is amended— 

(1) by striking ‘‘first 4 taxable years’’ and inserting ‘‘first 

6 taxable years’’, and 

(2) by striking ‘‘January 1, 2010’’ and inserting ‘‘January 

1, 2012’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2009. 

SEC. 757. WORK OPPORTUNITY CREDIT. 

(a) IN GENERAL.—Subparagraph (B) of section 51(c)(4) is 

amended by striking ‘‘August 31, 2011’’ and inserting ‘‘December 

31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to individuals who begin work for the employer after 

the date of the enactment of this Act. 

SEC. 758. QUALIFIED ZONE ACADEMY BONDS. 

(a) IN GENERAL.—Section 54E(c)(1) is amended— 

(1) by striking ‘‘2008 and’’ and inserting ‘‘2008,’’, and 

(2) by inserting ‘‘and $400,000,000 for 2011’’ after ‘‘2010,’’. 

26 USC 51 note. 

26 USC 30A. 

26 USC 30A. 

26 USC 7652 

note. 

Applicability. 

26 USC 1400m. 

26 USC 1400B. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3323 

(b) REPEAL OF REFUNDABLE CREDIT FOR QZABS.—Paragraph 

(3) of section 6431(f) is amended by inserting ‘‘determined without 

regard to any allocation relating to the national zone academy 

bond limitation for 2011 or any carryforward of such allocation’’ 

after ‘‘54E)’’ in subparagraph (A)(iii). 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to obligations issued after December 31, 2010. 

SEC. 759. MORTGAGE INSURANCE PREMIUMS. 

(a) IN GENERAL.—Clause (iv) of section 163(h)(3)(E) is amended 

by striking ‘‘December 31, 2010’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to amounts paid or accrued after December 31, 2010. 

SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. 

(a) IN GENERAL.—Paragraph (4) of section 1202(a) is amended— 

(1) by striking ‘‘January 1, 2011’’ and inserting ‘‘January 

1, 2012’’, and 

(2) by inserting ‘‘AND 2011’’ after ‘‘2010’’ in the heading 

thereof. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to stock acquired after December 31, 2010. 

Subtitle D—Temporary Disaster Relief 

Provisions 

PART 

Subpart A—New York Liberty Zone 

SEC. 761. TAX-EXEMPT BOND FINANCING. 

(a) IN GENERAL.—Subparagraph (D) of section 1400L(d)(2) is 

amended by striking ‘‘January 1, 2010’’ and inserting ‘‘January 

1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to bonds issued after December 31, 2009. 

Subpart B—GO Zone 

SEC. 762. INCREASE IN REHABILITATION CREDIT. 

(a) IN GENERAL.—Subsection (h) of section 1400N is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to amounts paid or incurred after December 31, 2009. 

SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN 

GO ZONES. 

Section 1400N(c)(5) is amended by striking ‘‘January 1, 2011’’ 

and inserting ‘‘January 1, 2012’’. 

26 USC 1400N 

note. 

26 USC 1400L 

note. 

26 USC 1202 

note. 

26 USC 163 note. 

26 USC 54E. 

26 USC 6431. 


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124 STAT. 3324 PUBLIC LAW 111–312—DEC. 17, 2010 

SEC. 764. TAX-EXEMPT BOND FINANCING. 

(a) IN GENERAL.—Paragraphs (2)(D) and (7)(C) of section 

1400N(a) are each amended by striking ‘‘January 1, 2011’’ and 

inserting ‘‘January 1, 2012’’. 

(b) CONFORMING AMENDMENTS.—Sections 702(d)(1) and 704(a) 

of the Heartland Disaster Tax Relief Act of 2008 are each amended 

by striking ‘‘January 1, 2011’’ each place it appears and inserting 

‘‘January 1, 2012’’. 

SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE 

GO ZONE. 

(a) IN GENERAL.—Paragraph (6) of section 1400N(d) is 

amended— 

(1) by striking ‘‘December 31, 2010’’ both places it appears 

in subparagraph (B) and inserting ‘‘December 31, 2011’’, and 

(2) by striking ‘‘January 1, 2010’’ in the heading and the 

text of subparagraph (D) and inserting ‘‘January 1, 2012’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2009. 

TITLE VIII—BUDGETARY PROVISIONS 

SEC. 801. DETERMINATION OF BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the purpose of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, jointly submitted for printing 

in the Congressional Record by the Chairmen of the House and 

Senate Budget Committees, provided that such statement has been 

submitted prior to the vote on passage in the House acting first 

on this conference report or amendment between the Houses. 

SEC. 802. EMERGENCY DESIGNATIONS. 

(a) STATUTORY PAYGO.—This Act is designated as an emergency 

requirement pursuant to section 4(g) of the Statutory Pay-As-YouGo Act of 2010 (Public Law 111–139; 2 U.S.C. 933(g)) except to 

the extent that the budgetary effects of this Act are determined 

to be subject to the current policy adjustments under sections 

4(c) and 7 of the Statutory Pay-As-You-Go Act. 

(b) SENATE.—In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 

(111th Congress), the concurrent resolution on the budget for fiscal 

year 2010. 

26 USC 1400N. 

26 USC 1400N. 


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PUBLIC LAW 111–312—DEC. 17, 2010 124 STAT. 3325 

LEGISLATIVE HISTORY—H.R. 4853: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Mar. 17, considered and passed House. 

Sept. 23, considered and passed Senate, amended. 

Dec. 2, House concurred in Senate amendment with an amendment. Senate 

considered concurring in House amendment with an amendment. 

Dec. 4, 9, 13–15, Senate considered and concurred in House amendment with 

an amendment. 

Dec. 16, House concurred in Senate amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010): 

Dec. 18, Presidential remarks. 

Æ 

(c) HOUSE OF REPRESENTATIVES.—In the House of Representatives, every provision of this Act is expressly designated as an 

emergency for purposes of pay-as-you-go principles except to the 

extent that any such provision is subject to the current policy 

adjustments under section 4(c) of the Statutory Pay-As-You-Go 

Act of 2010. 

Approved December 17, 2010. 


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