Page:United States Statutes at Large Volume 119.djvu/1074

 119 STAT. 1056 26 USC 40A note.

PUBLIC LAW 109–58—AUG. 8, 2005

(c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to fuel sold or used after December 31, 2005. SEC. 1347. MODIFICATION OF SMALL ETHANOL PRODUCER CREDIT.

26 USC 40 note.

(a) DEFINITION OF SMALL ETHANOL PRODUCER.—Section 40(g) (relating to definitions and special rules for eligible small ethanol producer credit) is amended by striking ‘‘30,000,000’’ each place it appears and inserting ‘‘60,000,000’’. (b) WRITTEN NOTICE OF ELECTION TO ALLOCATE CREDIT TO PATRONS.—Section 40(g)(6)(A)(ii) (relating to form and effect of election) is amended by adding at the end the following new sentence: ‘‘Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d).’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 1348. SUNSET OF DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING PROPERTY.

Subsection (f) of section 179A (relating to termination) is amended by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2005’’.

Subtitle E—Additional Energy Tax Incentives SEC. 1351. EXPANSION OF RESEARCH CREDIT.

(a) CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE ENERGY RESEARCH CONSORTIA.— (1) IN GENERAL.—Section 41(a) (relating to credit for increasing research activities) is amended by striking ‘‘and’’ at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ‘‘, and’’, and by adding at the end the following new paragraph: ‘‘(3) 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to an energy research consortium.’’. (2) ENERGY RESEARCH CONSORTIUM DEFINED.—Section 41(f) (relating to special rules) is amended by adding at the end the following new paragraph: ‘‘(6) ENERGY RESEARCH CONSORTIUM.— ‘‘(A) IN GENERAL.—The term ‘energy research consortium’ means any organization— ‘‘(i) which is— ‘‘(I) described in section 501(c)(3) and is exempt from tax under section 501(a) and is organized and operated primarily to conduct energy research, or ‘‘(II) organized and operated primarily to conduct energy research in the public interest (within the meaning of section 501(c)(3)), ‘‘(ii) which is not a private foundation,

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