excess depreciation

(2) Recapture (A) Where business use percentage does not exceed 50 percent If— (i) property is predominantly used in a qualified business use in a taxable year in which it is placed in service, and (ii) such property is not predominantly used in a qualified business use for any subsequent taxable year, then any excess depreciation shall be included in gross income for the taxable year referred to in clause (ii), and the depreciation deduction for the taxable year referred to in clause (ii) and any subsequent taxable years shall be determined under section 168(g) (relating to alternative depreciation system). (B) Excess depreciation For purposes of subparagraph (A), the term “excess depreciation” means the excess (if any) of— (i) the amount of the depreciation deductions allowable with respect to the property for taxable years before the 1st taxable year in which the property was not predominantly used in a qualified business use, over (ii) the amount which would have been so allowable if the property had not been predominantly used in a qualified business use for the taxable year in which it was placed in service.

Source

26 USC § 280F(b)(2)

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Scoping language

None identified, default scope is assumed to be the parent (part IX) of this section.

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