qualified investment credit facility

(5) Election to treat qualified facilities as energy property (A) In general In the case of any qualified property which is part of a qualified investment credit facility— (i) such property shall be treated as energy property for purposes of this section, and (ii) the energy percentage with respect to such property shall be 30 percent. (B) Denial of production credit No credit shall be allowed under section 45 for any taxable year with respect to any qualified investment credit facility. (C) Qualified investment credit facility For purposes of this paragraph, the term “qualified investment credit facility” means any facility— (i) which is a qualified facility (within the meaning of section 45 ) described in paragraph (1), (2), (3), (4), (6), (7), (9), or (11) of section 45(d), (ii) which is placed in service after 2008 and the construction of which begins before January 1, 2021 , and (iii) with respect to which— (I) no credit has been allowed under section 45, and (II) the taxpayer makes an irrevocable election to have this paragraph apply. (D) Qualified property For purposes of this paragraph, the term “qualified property” means property— (i) which is— (I) tangible personal property, or (II) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified investment credit facility, (ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (iii) which is constructed, reconstructed, erected, or acquired by the taxpayer, and (iv) the original use of which commences with the taxpayer. (E) Phaseout of credit for wind facilities In the case of any facility using wind to produce electricity which is treated as energy property by reason of this paragraph, the amount of the credit determined under this section (determined after the application of paragraphs (1) and (2) and without regard to this subparagraph) shall be reduced by— (i) in the case of any facility the construction of which begins after December 31, 2016 , and before January 1, 2018 , 20 percent, (ii) in the case of any facility the construction of which begins after December 31, 2017 , and before January 1, 2019 , 40 percent, (iii) in the case of any facility the construction of which begins after December 31, 2018 , and before January 1, 2020 , 60 percent, and (iv) in the case of any facility the construction of which begins after December 31, 2019 , and before January 1, 2021 , 40 percent.

Source

26 USC § 48(a)(5)


Scoping language

for purposes of this section
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