Page:United States Statutes at Large Volume 90 Part 2.djvu/76

 90 STAT. 1544 Ante, p. 1542.

26 USC 280.

PUBLIC LAW 94-455—OCT. 4, 1976 is not taken into account under section 163(d) of such Code, as amended by this Act, by reason of the last sentence of section 1 6 3 (d)(3)(A) of such Code, shall be taken into account for purposes of applying such section as in effect before the date of enactment of this Act with respect to interest on indebtedness referred to in the precedino; sentence. SEC. 210. AMORTIZATION OF PRODUCTION COST OF MOTION PICTURES, BOOKS, RECORDS, AND OTHER SIMILAR PROPERTY. (a) IN GENERAL. — Part IX of subchapter B of chapter 1 (relating to items not deductible) is amended by adding at the end thereof the following new section: "SEC. 280. CERTAIN EXPENDITURES INCURRED IN PRODUCTION OF FILMS, BOOKS, RECORDS, OR SIMILAR PROPERTY. " (a) GENERAL RULE. — E x c e p t in the case of a corporation (other than an electing small business corporation (as defined in section 1371 (b)) or a personal holding company (as defined in section 542)) and except in the case of production costs which are charged to capital account, amounts attributable to the production of a film, sound recording, book, or similar property which are otherwise deductible under this chapter shall be allowed as deductions only in accordance with the provisions of subsection (b). "(b)

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26 USC 280 note.

26 USC 543.

PRORATION

OF PRODUCTION

COST

OVER

INCOME

PERIOD.—

Amounts referred to in subsection (a) are deductible only for those taxable years ending during the period during which the taxpayer reasonably may be expected to receive substantially all of the income he will receive from any such film, sound recording, book, or similar property. The amount deductible for any such taxable year is an amount which bears the same ratio to the sum of all such amounts (attributable to such film, sound recording, book, or similar property) as the income received from the property for that taxable year bears to the sum of the income the tax p a y e r may reasonably be expected to receive during such period. " (c) DEFINITIONS. — For purposes of this section— " (1) F I L M. — The term 'film' means any motion picture film or video tape. " (2) SOUND RECORDING.—The term 'sound recording' means works that result from the fixation of a series of musical, spoken, or other sounds, regardless of the nature of the material objects, such as discs, tapes, or other phonorecordings, in which such sounds are embodied." (b) CLERICAL AMENDMENT. — The table of sections for such part is amended by a d d i n g at the end thereof the following new item: "Sec. 280. Certain expenditures incurred in production of films, books, records, or similar property." (c) EFFECTIVE D A T E. — The amendment made by this section applies to amounts paid or incurred after December 31, 1975, with respect to property the principal production of which begins after December 31, 1975. SEC. 211. CLARIFICATION OF DEFINITION OF PRODUCED FILM RENTS. (a) IN GENERAL.—Subparagraph (B) of paragraph (5) of section 543(a) (defining produced film rents for purposes of personal holding company income) is amended by adding at the end thereof the following new sentence: " I n the case of a producer who actively participates in the production of the film, such term includes an interest in the

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