qualified leasehold improvement property

(A)The term “qualified leasehold improvement property” means any improvement to an interior portion of a building which is nonresidential real property if— (i)such improvement is made under or pursuant to a lease (as defined in subsection (h)(7))— (I)by the lessee (or any sublessee) of such portion, or (II)by the lessor of such portion, (ii)such portion is to be occupied exclusively by the lessee (or any sublessee) of such portion, and (iii)such improvement is placed in service more than 3 years after the date the building was first placed in service. (B)Such term shall not include any improvement for which the expenditure is attributable to— (i)the enlargement of the building, (ii)any elevator or escalator, (iii)any structural component benefitting a common area, or (iv)the internal structural framework of the building. (C)For purposes of this paragraph— (i)A commitment to enter into a lease shall be treated as a lease, and the parties to such commitment shall be treated as lessor and lessee, respectively.

Source

26 USC § 168(e)(6)(A)


Scoping language

For purposes of this section
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