Page:United States Statutes at Large Volume 119.djvu/2633

 PUBLIC LAW 109–135—DEC. 21, 2005

119 STAT. 2615

(H) APPLICATION OF EGTRRA SUNSET.—The amendments made by this paragraph (and each part thereof) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provisions of such Act to which such amendment (or part thereof) relates. (4) Subsection (b) of section 1335 of the Energy Policy Act of 2005 is amended by striking paragraphs (1), (2), and (3). The Internal Revenue Code of 1986 shall be applied and administered as if the amendments made such paragraphs had never been enacted. (j) AMENDMENT RELATED TO SECTION 1341.—Paragraph (6) of section 30B(h) is amended by adding at the end the following sentence: ‘‘For purposes of subsection (g), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.’’. (k) AMENDMENT RELATED TO SECTION 1342.—Paragraph (2) of section 30C(e) is amended by adding at the end the following sentence: ‘‘For purposes of subsection (d), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.’’. (l) AMENDMENTS RELATED TO SECTION 1351.— (1) Paragraph (6) of section 41(f) (relating to special rules) is amended by adding at the end the following: ‘‘(C) FOREIGN RESEARCH.—For purposes of subsection (a)(3), amounts paid or incurred for any energy research conducted outside the United States, the Commonwealth of Puerto Rico, or any possession of the United States shall not be taken into account. ‘‘(D) DENIAL OF DOUBLE BENEFIT.—Any amount taken into account under subsection (a)(3) shall not be taken into account under paragraph (1) or (2) of subsection (a).’’. (2) Clause (ii) of section 41(b)(3)(C) is amended by striking ‘‘(other than an energy research consortium)’’. (m) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraphs (2) and (3), the amendments made by this section shall take effect as if included in the provisions of the Energy Policy Act of 2005 to which they relate. (2) REPEAL OF PUBLIC UTILITY HOLDING COMPANY ACT OF 1935.—The amendments made by subsection (a) shall not apply with respect to any transaction ordered in compliance with the Public Utility Holding Company Act of 1935 before its repeal. (3) COORDINATION OF PERSONAL CREDITS.—The amendments made by subsection (i)(3) shall apply to taxable years beginning after December 31, 2005.

26 USC 23 note.

Ante, p. 1033. Applicability.

26 USC 30B.

26 USC 23 note.

SEC. 403. AMENDMENTS RELATED TO THE AMERICAN JOBS CREATION ACT OF 2004.

(a) AMENDMENTS RELATED TO SECTION 102 OF THE ACT.— (1) Paragraph (1) of section 199(b) is amended by striking ‘‘the employer’’ and inserting ‘‘the taxpayer’’. (2) Paragraph (2) of section 199(b) is amended to read as follows: ‘‘(2) W–2 WAGES.—For purposes of this section, the term ‘W–2 wages’ means, with respect to any person for any taxable year of such person, the sum of the amounts described in

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