[Code of Federal Regulations]
[Title 26, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.169-3]

[Page 1041-1043]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
COMPUTATION OF TAXABLE INCOME--Table of Contents
 
Sec. 1.169-3  Amortizable basis.

    (a) In general. The amortizable basis of a certified pollution 
control facility for the purpose of computing the amortization deduction 
under section 169 is the adjusted basis of such facility for purposes of 
determining gain (see Part II (section 1011 and following) Subchapter O, 
Chapter 1 of the Code), as modified by paragraphs (b), (c), and (d) of 
this section. For the adjusted basis for purposes of determining gain 
(computed without regard to such modifications) of a facility which 
performs a function in addition to pollution control, or which is used 
in connection with more than one plant or other property, or both, see 
paragraph (a)(3) of Sec. 1.169-2. For rules as to additions

[[Page 1042]]

and improvements to such a facility, see paragraph (f) of this section.
    (b) Limitation to post-1968 construction, reconstruction, or 
erection. (1) If the construction, reconstruction, or erection was begun 
before January 1, 1969, there shall be included in the amortizable basis 
only so much of the adjusted basis of such facility for purposes of 
determining gain (referred to in paragraph (a) of this section) as is 
properly attributable under the rules set forth in paragraph (b)(2)(iii) 
of Sec. 1.169-2 to construction, reconstruction, or erection after 
December 31, 1968. See section 169 (d)(4). For example, assume a 
certified pollution control facility for which the shortest period 
authorized under section 167 is 10 years has a cost of $500,000, of 
which $450,000 is attributable to construction after December 31, 1968. 
Further, assume such facility does not perform a function in addition to 
pollution control and is used only in connection with a plant in 
operation before January 1, 1969. The facility would have an amortizable 
basis of $450,000 (computed without regard to paragraphs (c) and (d) of 
this section). For depreciation of the remaining portion ($50,000) of 
the cost, see section 169(g) and paragraph (a)(3)(ii) of Sec. 1.169-1. 
For the definition of the term ``certified pollution control facility'' 
see paragraph (a) of Sec. 1.169-2.
    (2) If the taxpayer elects to begin the 60-month amortization period 
with the first month of the taxable year succeeding the taxable year in 
which such facility is completed or acquired and a depreciation 
deduction is allowable under section 167 (including an additional first-
year depreciation allowance under section 179) with respect to the 
facility for the taxable year in which it is completed or acquired, the 
amount determined under subparagraph (1) of this paragraph shall be 
reduced by an amount equal to (i) the amount of such allowable 
depreciation multiplied by (ii) a fraction the numerator of which is the 
amount determined under subparagraph (1) of this paragraph, and the 
denominator of which is its total cost. The additional first-year 
allowance for depreciation under section 179 will be allowable only for 
the year in which the facility is completed or acquired and only if the 
taxpayer elects to begin the amortization deduction under section 169 
with the taxable year succeeding the taxable year in which such facility 
is completed or acquired. See paragraph (e)(1)(ii) of Sec. 1.179-1.
    (c) Modification for profitmaking abatement works, etc. If it 
appears that by reason of estimated profits to be derived through the 
recovery of wastes or otherwise (as determined by applying the rules 
prescribed in paragraph (d) of Sec. 1.169-2) a portion or all of the 
total costs of the certified pollution control facility will be 
recovered over the period referred to in paragraph (a)(b) of Sec. 1.169-
2, its amortizable basis (computed without regard to this paragraph and 
paragraph (d) of this section) shall be reduced by an amount equal to 
(1) its amortizable basis (so computed) multiplied by (2) a fraction the 
numerator of which is such estimated profits and the denominator of 
which is its adjusted basis for purposes of determining gain. See 
section 169(e).
    (d) Cases in which the period referred to in paragraph (a)(6) of 
Sec. 1.169-2 exceeds 15 years. If as to a certified pollution control 
facility the period referred to in paragraph (a)(6) of Sec. 1.169-2 
exceeds 15 years (determined as of the first day of the first month for 
which a deduction is allowable under the election made under the section 
169(b) and paragraph (a) of Sec. 1.169-4), the amortizable basis of such 
facility shall be an amount equal to (1) its amortizable basis (computed 
without regard to this paragraph) multiplied by (2) a fraction the 
numerator of which is 15 years and the denominator of which is the 
number of years of such period. See section 169(f) (2)(A).
    (e) Examples. This section may be illustrated by the following 
example:

    Example (1). The X Corporation, which uses the calendar year as its 
taxable year, began the installation of a facility on November 1, 1968, 
and completed the installation on June 30, 1970, at a cost of $400,000. 
All of the facility qualifies as a certified pollution control facility 
within the meaning of paragraph (a) of Sec. 1.169-2. $40,000 of such 
cost is attributable to construction prior to January 1, 1969. The X 
Corporation elects to take amortization deductions under section 169(a) 
with respect to the facility and to begin the 60-month amortization 
period with January 1, 1971. The corporation takes a depreciation 
deduction under sections 167 and 179 of $10,000 (the

[[Page 1043]]

amount allowable, of which $2,000 is for additional first year 
depreciation under section 179) for the last 6 months of 1970. It is 
estimated that over the period referred to in paragraph (a) (6) of 
Sec. 1.169-2 (20 years) as to such facility, $80,000 in profits will be 
realized from the sale of wastes recovered in its operation. The 
amortizable basis of the facility for purposes of computing the 
amortization deduction as of January 1, 1971, is $210,600, computed as 
follows:

(1) Portion of $400,000 cost attributable to post-1968          $360,000
 construction, reconstruction, or erection...................
(2) Reduction for portion of depreciation
 deduction taken for the taxable year in which the
 facility was completed:
  (a) $10,000 depreciation deduction taken for        $10,000
   last 6 months of 1970 including $2,000 for
   additional first year depreciation under
   section 179....................................
  (b) Multiplied by the amount in line (1) and            0.9     $9,000
   divided by the total cost of the facility
   ($360,000/ $400,000)...........................
                                                   ---------------------
(3) Subtotal.................................................   $351,000
(4) Modification for profitmaking abatement works:
 Multiply line (3) by estimated profits through
 waste recovery ($80,000) and divide by the
 adjusted basis for determining gain of the
 facility ($400,000).
(5) Reduction................................................    $70,200
                                                   ------------
(6) Subtotal.................................................   $280,800
(7) Modification for period referred to in paragraph (a)(6)         0.75
 of Sec.  1.169-2 exceeding 15 years: Multiply by 15 years
 and divide by such period (determined in accordance with
 paragraph (d) of this section) (20 years)...................
                                                   ------------
(8) Amortizable basis........................................   $210,600


    Example (2). Assume the same facts as in example (1) except that the 
facility is used in connection with a number of separate plants some of 
which were in operation before January 1, 1969, that the Federal 
certifying authority certifies that 80 percent of the capacity of the 
facility is allocable to the plants which were in operation before such 
date, and that all of the waste recovery is allocable to the portion of 
the facility used in connection with the plants in operation before 
January 1, 1969. The amortizable basis of such facility, for purposes of 
computing the amortization deduction as of January 1, 1971, is $157,950 
computed as follows:

(1) Adjusted basis for purposes of determining gain: Multiply   $320,000
 percent certified as allocable to plants in operation before
 January 1, 1969 (80 percent) by cost of entire facility
 ($400,000)..................................................
                                                   ============
(2) Portion of adjusted basis for determining gain              $288,000
 attributable to post-1968 construction, reconstruction, or
 rection: Multiply line (1) by portion of total cost of
 facility attributable to post-1968 construction,
 reconstruction, or erection ($360,000) and divide by the
 total cost of the facility ($400,000).......................
(3) Reduction for portion of depreciation deduction taken for
 the taxable year in which the facility was completed:
  (a) $10,000 depreciation deduction taken for        $10,000
   last 6 months of 1970 including $2,000 for
   additional first year depreciation under
   section 170....................................
  (b) Multiplied by the amount in line (2) and           0.72     $7,200
   divided by the total cost of the facility
   ($288,000/$400,000)............................
                                                   ---------------------
(4) Subtotal.................................................   $280,800
(5) Modification for profitmaking abatement works; Multiply
 line (4) by estimated profits through waste recovery
 ($80,000) and divide by the amount in line (1) ($320,000).
(6) Reduction................................................    $70,200
                                                   ------------
(7) Subtotal.................................................   $210,600
(8) Modification for period referred to in paragraph (a)(6)         0.75
 of Sec.  1.169-2 exceeding 15 years: Multiply by 15 years
 and divide by such period (determined in accordance with
 paragraph (d) of this section) (20 years)...................
                                                   ------------
(9) Amortizable basis........................................   $157,950


    (f) Additions or improvements. (1) If after the completion or 
acquisition of a certified pollution control facility further 
expenditures are made for additional construction, reconstruction, or 
improvements, the cost of such additions or improvements made prior to 
the beginning of the amortization period shall increase the amortizable 
basis of such facility, but the cost of additions or improvements made 
after the amortization period has begun, shall not increase the 
amortizable basis. See section 169(f)(2)(B).
    (2) If expenditures for such additional construction, 
reconstruction, or improvements result in a facility which is new and is 
separately certified as a certified pollution control facility as 
defined in section 169(d)(1) and paragraph (a) of Sec. 1.169-2, and, if 
proper election is made, such expenditures shall be taken into account 
in computing under paragraph (a) of this section the amortizable basis 
of such new and separately certified pollution control facility.

[T.D. 7116, 36 FR 9015, May 18, 1971; 36 FR 9770, May 28, 1971]