section 41(b)) in a taxable year beginning after 
December 31, 2016, or 
‘‘(B) which both gross receipts and quali-
fied research expenses (as so defined) in fewer 
than 3 taxable years beginning after December 
31, 2016, and before January 1, 2022. 
‘‘(c) QUALIFIED FACILITY CONSTRUCTION EXPENDI-
TURES.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘qualified facility 
construction expenditures’ means amounts paid or 
incurred by the taxpayer— 
‘‘(A) for the construction of a facility (des-
ignated for purposes of this section by the tax-
payer at such time and in such form and man-
ner as the Secretary shall prescribe) in the 
United States to manufacture a qualified prod-
uct (including amounts for professional services 
necessary for the planning of such construc-
tion), and 
‘‘(B) for the purchase of specialized equip-
ment for use at such facility and required for 
the manufacture of such product. 
‘‘(2) QUALIFIED PRODUCT.—The term ‘quali-
fied product’ means any product which, prior to con-
struction of the facility with respect to which a cred-
VerDate Sep 11 2014 
21:37 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H340.IH
H340
asabaliauskas on DSK3SPTVN1PROD with BILLS
it is allowed under this section, the taxpayer has 
produced and sold to a bona fide purchaser, and 
such purchaser has placed such product in service. 
‘‘(d) SPECIAL RULES.—For purposes of this sec-
tion— 
‘‘(1) RECAPTURE.— 
‘‘(A) IN GENERAL.—If, as of the close of 
any taxable year, there is a recapture event 
with respect to any facility of the taxpayer with 
respect to which a credit was allowed under this 
section, then the tax of the taxpayer under this 
chapter for such taxable year shall be increased 
by an amount equal to the product of— 
‘‘(i) the applicable recapture percent-
age, and 
‘‘(ii) the aggregate decrease in the 
credits allowed under section 38 for all 
prior taxable years which would have re-
sulted if the qualified facility construction 
expenditures of the taxpayer described in 
subsection (c)(1) with respect to such facil-
ity had been zero. 
‘‘(B) APPLICABLE RECAPTURE PERCENT-
AGE.— 
VerDate Sep 11 2014 
21:37 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H340.IH
H340
asabaliauskas on DSK3SPTVN1PROD with BILLS
‘‘(i) IN
GENERAL.—For purposes of 
this subsection, the applicable recapture 
percentage shall be determined in accord-
ance with the following table: 
‘‘If the recapture event 
occurs in: 
The applicable recapture 
percentage is: 
Year 1 ..........................................................................................
100
Year 2 ..........................................................................................
Year 3 ..........................................................................................
Year 4 ..........................................................................................
Year 5 ..........................................................................................
Years 6 and thereafter .................................................................
0. 
‘‘(ii) YEARS.—For purposes of clause 
(i), year 1 shall begin on the first day of 
the taxable year in which the facility with 
respect to which a credit was allowed 
under this subsection was placed in service. 
‘‘(C) RECAPTURE
EVENT.—For purposes 
of this paragraph— 
‘‘(i) IN GENERAL.—A recapture event 
occurs with respect to any facility if— 
‘‘(I) the taxpayer becomes insol-
vent, or 
‘‘(II) the taxpayer disposes of the 
facility to another person who, at this 
time of the disposition, is not an eligi-
ble business. 
‘‘(ii) SPECIAL RULE FOR FACILITIES 
NOT
PLACED
IN
SERVICE
WITHIN
VerDate Sep 11 2014 
21:37 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H340.IH
H340
asabaliauskas on DSK3SPTVN1PROD with BILLS
YEARS.—In the case of a facility with re-
spect to which a credit is allowed under 
this section which is not placed in service 
before the close of the 5th taxable year be-
ginning after the first taxable year for 
which the credit was so allowed, a recap-
ture event shall be treated as having oc-
curred with respect to such facility in year 
1. 
‘‘(2) CREDIT MAY BE ASSIGNED.—The amount 
of qualified facility construction expenditures with 
respect to a facility which would (but for this para-
graph) be taken into account under subsection (a) 
for any taxable year by any person (hereafter in this 
paragraph referred to as the ‘initial taxpayer’)— 
‘‘(A) may be taken into account by any 
other person to whom such expenditures are as-
signed by the initial taxpayer, and 
‘‘(B) shall not be taken to account by ini-
tial taxpayer. 
Any person to whom such expenditures are assigned 
under subparagraph (A) shall be treated for pur-
poses of this title as the taxpayer with respect to 
such expenditures. 
VerDate Sep 11 2014 
21:37 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H340.IH
H340
asabaliauskas on DSK3SPTVN1PROD with BILLS
‘‘(3) CONTROLLED GROUP.—All members of the 
same controlled group of corporations (within the 
meaning of section 52(a)) and all persons under 
common control (within the meaning of section 
52(b)) shall be treated as 1 person for purposes of 
this section. 
‘‘(4) PREDECESSOR.—Any reference in this sec-
tion to a corporation or partnership shall include a 
reference to any predecessor of such corporation or 
partnership. 
‘‘(5) DENIAL OF DOUBLE BENEFIT.—For pur-
poses of this subtitle, if a credit is allowed under 
this section in connection with any expenditure for 
any property, the basis of such property shall be re-
duced by the amount of the credit so allowed.’’. 
(b) DENIAL OF DOUBLE BENEFIT.—Section 280C of 
such Code is amended by adding at the end the following 
new subsection: 
‘‘(i) MANUFACTURING FACILITY EXPENDITURES.— 
No deduction shall be allowed for that portion of the ex-
penses otherwise allowable as a deduction taken into ac-
count in determining the credit under section 45S for the 
taxable year which is equal to the amount of the credit 
determined for such taxable year under section 45S(a).’’. 
VerDate Sep 11 2014 
21:37 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H340.IH
H340
asabaliauskas on DSK3SPTVN1PROD with BILLS
(c) CREDIT TO BE PART OF GENERAL BUSINESS 
CREDIT.—Section 38(b) of the such Code, as amended by 
this Act, is amended by striking ‘‘plus’’ at the end of para-
graph (36), by striking the period at the end of paragraph 
(37) and inserting ‘‘, plus’’, and by inserting after para-
graph (37) the following: 
‘‘(38) manufacturing facility expenditure credit 
determined under section 45S(a).’’. 
(d) CONFORMING AMENDMENT.—Section 1016(a) of 
such Code, as amended by this Act, is amended by striking 
‘‘and’’ at the end of paragraph (37), by striking the period 
at the end of paragraph (38) and inserting ‘‘, and’’, and 
by adding at the end the following new paragraph: 
‘‘(39) to the extent provided in section 
45S(d)(2).’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred after 
the date of the enactment of this Act. 
Æ 
VerDate Sep 11 2014 
21:37 Jan 19, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6301
E:\BILLS\H340.IH
H340
asabaliauskas on DSK3SPTVN1PROD with BILLS