# Pub. L. 102-486: changes to the Internal Revenue Code 1992-10-24, 106 Stat. 3023. Source: . ## Legislative history - Bill: [H.R. 776](https://www.congress.gov/bill/102nd-congress/house-bill/776) ## § 38: General business credit - § 38(b)(6), § 38(b)(7), § 38(b)(8): Pub. L. 102–486 struck out “plus” at end of par. (6), substituted “; plus” for period at end of par. (7), and added par. (8). ## § 39: Carryback and carryforward of unused credits - § 39(d): Pub. L. 102–486 redesignated par. (5), relating to carryback of enhanced oil recovery credit, as (1), redesignated par. (5), relating to carryback of section 44 credit, as (2), and added par. (3). ## § 45: Electricity produced from certain renewable resources, etc. - Enacted 26 U.S.C. § 45. ## § 45K: Credit for producing fuel from a nonconventional source - § 45K(g): Pub. L. 102–486 added subsec. (g). ## § 48: Energy credit - § 48(a)(2): Pub. L. 102–486 substituted “The” for “Except as provided in subparagraph (B), the” in subpar. (A), redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: “(B) Termination.—Effective with respect to periods after June 30, 1992, the energy percentage is zero. For purposes of the preceding sentence, rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply.” ## § 53: Credit for prior year minimum tax liability - § 53(d)(1)(B)(iii): Pub. L. 102–486, § 1913(b)(2)(C)(i), substituted “section 29(b)(6)(B),” for “section 29(b)(5)(B) or”. - § 53(d)(1)(B)(iii): Pub. L. 102–486, § 1913(b)(2)(C)(ii), inserted before period at end “, or not allowed under section 30 solely by reason of the application of section 30(b)(3)(B)”. ## § 55: Alternative minimum tax imposed - § 55(c)(2): Pub. L. 102–486 substituted “29(b)(6), 30(b)(3),” for “29(b)(5),”. ## § 56: Adjustments in computing alternative minimum taxable income - § 56(d)(1)(A): Pub. L. 102–486, § 1915(c)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the amount of such deduction shall not exceed the excess (if any) of— - § 56: Pub. L. 102–486, § 1915(b)(2), inserted at end “In the case of a taxpayer other than an integrated oil company (as defined in section 291(b)(4)), in the case of any oil or gas well, this clause shall not apply in the case of amounts paid or incurred in taxable years beginning after December 31, 1992.” - § 56: Pub. L. 102–486, § 1915(a)(2), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The allowance for depletion with respect to any property placed in service in a taxable year beginning after 1989 shall be cost depletion determined under section 611.” - § 56: Pub. L. 102–486, § 1915(c)(1), struck out subsec. (h) which related to adjustment based on energy preferences. ## § 57: Items of tax preference - § 57(a)(1): Pub. L. 102–486, § 1915(a)(1), inserted at end “Effective with respect to taxable years beginning after December 31, 1992, this paragraph shall not apply to any deduction for depletion computed in accordance with section 613A(c).” - § 57(a)(2)(E): Pub. L. 102–486, § 1915(b)(1), added subpar. (E). ## § 59: Other definitions and special rules - § 59(a)(2): Pub. L. 102–486 substituted “and section 57(a)(2)(E)” for “and the alternative tax energy preference deduction under section 56(h)”. ## § 62: Adjusted gross income defined - § 62(a)(14): Pub. L. 102–486 added par. (14). ## § 132: Certain fringe benefits - § 132(a)(5): Pub. L. 102–486, § 1911(a), added par. (5). - § 132(f), § 132(g), § 132(h): Pub. L. 102–486, § 1911(b), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Former subsec. (h) redesignated (i). - § 132(i): Pub. L. 102–486, § 1911(b), (c), redesignated subsec. (h) as (i), redesignated pars. (5) to (9) as (4) to (8), respectively, and struck out former par. (4), “Parking”, which read as follows: “The term ‘working condition fringe’ includes parking provided to an employee on or near the business premises of the employer.” Former subsec. (i) redesignated (j). - § 132(j), § 132(k), § 132(l): Pub. L. 102–486, § 1911(b), redesignated subsecs. (i) to (k) as (j) to (l), respectively. ## § 136: Energy conservation subsidies provided by public utilities - Enacted 26 U.S.C. § 136. ## § 140: Cross references to other Acts - § 140: Pub. L. 102–486 renumbered section 136 of this title as this section. ## § 142: Exempt facility bond - § 142(a)(12): Pub. L. 102–486, § 1921(a), added par. (12). - § 142(b)(1)(A): Pub. L. 102–486, § 1921(b)(2), which directed the substitution of “(2), (3), or (12)” for “(2) or (3)”, was executed by making the substitution for “(2), or (3)”. See 1996 Amendment note above. - § 142(f): Pub. L. 102–486, § 1919(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “For purposes of subsection (a)(8), the local furnishing of electric energy or gas from a facility shall only include furnishing solely within the area consisting of— - § 142(j): Pub. L. 102–486, § 1921(b)(1), added subsec. (j). ## § 146: Volume cap - § 146(g)(3): Pub. L. 102–486 substituted “, (2), or (12)” for “or (2)” and “, docks and wharves, and environmental enhancements of hydroelectric generating facilities” for “and docks and wharves”. ## § 162: Trade or business expenses - § 162(a): Pub. L. 102–486 inserted at end “For purposes of paragraph (2), the taxpayer shall not be treated as being temporarily away from home during any period of employment if such period exceeds 1 year.” ## § 192: Contributions to black lung benefit trust - § 192(c)(4): Pub. L. 102–486 substituted “subclause (II) of section 501(c)(21)(A)(ii)” for “clause (ii) of section 501(c)(21)(B)”. ## § 385: Treatment of certain interests in corporations as stock or indebtedness - § 385(c): Pub. L. 102–486 added subsec. (c). ## § 468A: Special rules for nuclear decommissioning costs - § 468A(e)(2)(A): Pub. L. 102–486, § 1917(b)(1), which directed that subpar. (A) be amended by striking “at the rate equal to the highest rate of tax specified in section 11(b)” and inserting “at the rate set forth in subparagraph (B)”, was executed by making the substitution for “at a rate equal to the highest rate of tax specified in section 11(b)”. See 1996 Amendment note above. - § 468A(e)(2)(B), § 468A(e)(2)(C), § 468A(e)(2): Pub. L. 102–486, § 1917(b)(2), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. - § 468A(e)(4)(C): Pub. L. 102–486, § 1917(a), struck out before period at end “described in section 501(c)(21)(B)(ii)”. ## § 501: Exemption from tax on corporations, certain trusts, etc. - § 501(c)(21): Pub. L. 102–486 amended par. (21) generally, substituting present provisions consisting of subpars. (A) to (D) for former provisions consisting of subpars. (A) and (B). ## § 704: Partner’s distributive share - § 704(c)(1)(B): Pub. L. 102–486 substituted “is distributed (directly or indirectly)” for “is distributed”. ## § 731: Extent of recognition of gain or loss on distribution - § 731(c): Pub. L. 102–486 substituted “, section 751” for “and section 751” and inserted before period at end “, and section 737 (relating to recognition of precontribution gain in case of certain distributions)”. ## § 737: Recognition of precontribution gain in case of certain distributions to contributing partner - Enacted 26 U.S.C. § 737. ## § 1016: Adjustments to basis - § 1016(a)(25), § 1016(a)(26): Pub. L. 102–486 added pars. (25) and (26). ## § 2056: Bequests, etc., to surviving spouse - § 2056(b)(10): Pub. L. 102–486 added par. (10). ## § 2523: Gift to spouse - § 2523(e): Pub. L. 102–486, § 1941(b)(1), in closing provisions, inserted at end “For purposes of this subsection, the term ‘specific portion’ only includes a portion determined on a fractional or percentage basis.” - § 2523(f)(3): Pub. L. 102–486, § 1941(b)(2), inserted before period at end “and the rules of section 2056(b)(10) shall apply”. ## § 3402: Income tax collected at source - § 3402(q)(1): Pub. L. 102–486, § 1934(a), substituted “28 percent” for “20 percent”. - § 3402(q)(3)(A), § 3402(q)(3)(C): Pub. L. 102–486, § 1942(a), substituted “$5,000” for “$1,000”. ## § 3406: Backup withholding - § 3406(a)(1): Pub. L. 102–486, in closing provisions, substituted “31 percent” for “20 percent”. ## § 4081: Imposition of tax - § 4081(c): Pub. L. 102–486, § 1920(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Under regulations prescribed by the Secretary, subsection (a) shall be applied by substituting rates which are 10/9th of the otherwise applicable rates in the case of the removal or sale of any gasoline for use in producing gasohol at the time of such removal or sale. Subject to such terms and conditions as the Secretary may prescribe (including the application of section 4101), the treatment under the preceding sentence also shall apply to use in producing gasohol after the time of such removal or sale. For purposes of this paragraph, the term ‘gasohol’ means any mixture of gasoline if at least 10 percent of such mixture is alcohol. For purposes of this subsection, in the case of the Highway Trust Fund financing rate, the otherwise applicable rate is 6.1 cents a gallon.” - § 4081(c): Pub. L. 102–486, § 1920(b)(1), substituted “an otherwise applicable rate” for “6.1 cents a gallon”. - § 4081(c): Pub. L. 102–486, § 1920(b)(2), substituted heading for one which read: “Lower rate on gasohol made other than from ethanol”, added text, and struck out former text which read as follows: “In the case of gasohol none of the alcohol in which consists of ethanol, paragraphs (1) and (2) shall be applied by substituting ‘5.5 cents’ for ‘6.1 cents’.” ## § 4612: Definitions and special rules - § 4612(e), § 4612(f): Pub. L. 102–486 added subsec. (e) and redesignated former subsec. (e) as (f). ## § 4681: Imposition of tax - § 4681(b)(1)(B): Pub. L. 102–486 amended subpar. (B) generally, substituting present provisions for former provisions which provided for base tax amounts in cl. (i) of initially listed chemicals for 1990 to 1994 and in cl. (ii) of newly listed chemicals for 1991 to 1995. ## § 4682: Definitions and special rules - § 4682(g)(2): Pub. L. 102–486, § 1932(a), in table, for sales or use during 1993, decreased applicable percentages from 3.3, 1.0, and 1.6 to 2.49, 0.75, and 1.24 in the case of Halon-1211, Halon-1301, and Halon-2402, respectively, and struck out applicable percentages for sales or use during 1991 and 1992. - § 4682(g)(2): Pub. L. 102–486, § 1931(b), in table decreased applicable percentage in the case of sales or use in 1993 from 10 to 7.46. - § 4682(g): Pub. L. 102–486, § 1932(b), (c), added pars. (4) and (5). - § 4682(h)(2): Pub. L. 102–486, § 1931(c), substituted “any calendar year after 1991” for “1991, 1992, 1993, and 1994”. ## § 4951: Taxes on self-dealing - § 4951(f): Pub. L. 102–486 substituted “subclause (I) or (IV) of section 501(c)(21)(A)(i)” for “clause (i) of section 501(c)(21)(A)”. ## § 6045: Returns of brokers - § 6045(e)(4): Pub. L. 102–486 substituted heading for one which read: “Whether seller’s financing was federally-subsidized” and amended text generally. Prior to amendment, text read as follows: “In the case of a real estate transaction involving a residence, the real estate reporting person shall specify on the return under subsection (a) and the statement under subsection (b) whether or not the financing (if any) of the seller was federally-subsidized indebtedness (as defined in section 143(m)(3)).” ## § 6109: Identifying numbers - § 6109(h): Pub. L. 102–486 added subsec. (h). ## § 6724: Waiver; definitions and special rules - § 6724(d)(3): Pub. L. 102–486 added subpar. (E). ## § 9701: Definitions of general applicability - Enacted 26 U.S.C. § 9701. ## § 9702: Establishment of the United Mine Workers of America Combined Benefit Fund - Enacted 26 U.S.C. § 9702. ## § 9703: Plan benefits - Enacted 26 U.S.C. § 9703. ## § 9704: Liability of assigned operators - Enacted 26 U.S.C. § 9704. ## § 9705: Transfers - Enacted 26 U.S.C. § 9705. ## § 9706: Assignment of eligible beneficiaries - Enacted 26 U.S.C. § 9706. ## § 9707: Failure to pay premium - Enacted 26 U.S.C. § 9707. ## § 9708: Effect on pending claims or obligations - Enacted 26 U.S.C. § 9708. ## § 9711: Continued obligations of individual employer plans - Enacted 26 U.S.C. § 9711. ## § 9712: Establishment and coverage of 1992 UMWA Benefit Plan - Enacted 26 U.S.C. § 9712. ## § 9721: Civil enforcement - Enacted 26 U.S.C. § 9721. ## § 9722: Sham transactions - Enacted 26 U.S.C. § 9722.