Page:United States Statutes at Large Volume 106 Part 4.djvu/281

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PUBLIC LAW 102-486—OCT. 24, 1992 106 STAT. 3017 " (2) QUALIFIED CLEAN-FUEL VEHICLE REFUELING PROP- ERTY.— "(A) IN GENERAL.— The aggregate cost which may be taken into account under subsection (a)(1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service during the taxable year at a location shall not exceed the excess (if any) of— "(i) $100,000, over "(ii) the aggregate amount taken into account under subsection (a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. "(B) RELATED PERSON. — For purposes of this paragraph, a person shall be treated as related to another person if such person bears a relationship to such other person described in section 267(b) or 707(b)(1). "(C) ELECTION.—I f the limitation under subparagraph (A) applies for any taxable year, the taxpayer shall, on the return of tax for such taxable year, specify the items of property (and the portion of costs of such property) which are to be taken into account under subsection (a)(1)(B). "(c) QUALIFIED CLEAN-FUEL VEHICLE PROPERTY DEFINED.— For purposes of this section— "(1) IN GENERAL. —The term 'qualified clean-fuel vehicle property means property which is acquired for use by the taxpayer and not for resale, the original use of which commences with the taxpayer, with respect to which the environmental standards of paragraph (2) are met, and which is described in either of the following subparagraphs: "(A) RETROFIT PARTS AND COMPONENTS.— Any property installed on a motor vehicle which is propelled by a fuel which is not a clean-burning fuel for purposes of permitting such vehicle to be propelled by a clean-burning fuel— "(i) if the property is an engine (or modification thereof) which may use a clean-burning fuel, or "(ii) to the extent the property is used in the storage or delivery to the engine of such fuel, or the exhaust of gases from combustion of such fuel. " (B) ORIGINAL EQUIPMENT MANUFACTURER'S VEHICLES.— ^A motor vehicle produced by an original equipment manufacturer and designed so that the vehicle may be propelled by a clean-burning fuel, but only to the extent of the portion of the basis of such vehicle which is attributable to an engine which may use such fuel, to the storage or delivery to the engine of such fuel, or to the exhaust of gases from combustion of such fuel. "(2) ENVIRONMENTAL STANDARDS.— Property shall not be treated as qualified clean-fuel vehicle property unless— "(A) the motor vehicle of which it is a part meets any applicable Federal or State emissions standards with respect to each fuel by which such vehicle is designed to be propelled, or "(B) in the case of property described in paragraph (1)(A), such property meets applicable Federal and State