FEDERAL · 26 U.S.C. · Chapter 1

Advanced manufacturing production credit

26 U.S.C. § 45X
Title26Internal Revenue Code
Chapter1 — NORMAL TAXES AND SURTAXES
SubchapterA
PartIV
Current throughPub. L. 119-99

This text of 26 U.S.C. § 45X (Advanced manufacturing production credit) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
26 U.S.C. § 45X.

Text

(a)In general
(1)Allowance of credit For purposes of section 38, the advanced manufacturing production credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each eligible component which is—
(A)produced by the taxpayer, and
(B)during the taxable year, sold by such taxpayer to an unrelated person.
(2)Production and sale must be in trade or business Any eligible component produced and sold by the taxpayer shall be taken into account only if the production and sale described in paragraph (1) is in a trade or business of the taxpayer.
(3)Unrelated person
(A)In general For purposes of this subsection, a taxpayer shall be treated as selling components to an unrelated person if such component is sold to such person b

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Related

§ 38
26 U.S.C. § 38
§ 48C
26 U.S.C. § 48C
§ 7701
26 U.S.C. § 7701
§ 52
26 U.S.C. § 52
§ 638
26 U.S.C. § 638
§ 461
26 U.S.C. § 461
§ 263A
26 U.S.C. § 263A

Source Credit

History

(Added Pub. L. 117–169, title I, §13502(a), Aug. 16, 2022, 136 Stat. 1971; amended Pub. L. 119–21, title VII, §70514(a)–(e), July 4, 2025, 139 Stat. 273–275.)

Editorial Notes

Amendment of Subsection (d)(4)
Pub. L. 119–21, title VII, §70514(a), (f), July 4, 2025, 139 Stat. 273, 276, provided that, applicable to components sold during taxable years beginning after Dec. 31, 2026, subsection (d)(4) of this section is amended to read as follows:
See 2025 Amendment note below.

Editorial Notes

References in Text
The date of the enactment of this section, referred to in subsec. (c)(1)(B), is the date of enactment of Pub. L. 117–169, which was approved Aug. 16, 2022.
The date of enactment of this subparagraph, referred to in subsec. (c)(1)(C), is the date of enactment of Pub. L. 119–21, which was approved July 4, 2025.

Amendments
2025—Subsec. (b)(1)(M). Pub. L. 119–21, §70514(e)(2), inserted "(2.5 percent in the case of metallurgical coal)" after "10 percent".
Subsec. (b)(3). Pub. L. 119–21, §70514(b)(1), inserted "and termination" after "Phase out" in heading.
Subsec. (b)(3)(A). Pub. L. 119–21, §70514(b)(2), substituted "subparagraphs (C) and (D)" for "subparagraph (C)" in introductory provisions.
Subsec. (b)(3)(C) to (E). Pub. L. 119–21, §70514(b)(3), added subpars. (C) to (E) and struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: "For purposes of determining the amount under this subsection with respect to any applicable critical mineral, this paragraph shall not apply."
Subsec. (c)(1)(C). Pub. L. 119–21, §70514(c)(1), added subpar. (C).
Subsec. (c)(5)(B)(iii)(III). Pub. L. 119–21, §70514(d), added subcl. (III).
Subsec. (c)(6)(R) to (AA). Pub. L. 119–21, §70514(e)(1), added subpar. (R) and redesignated former subpars. (R) to (Z) as (S) to (AA), respectively.
Subsec. (d)(4). Pub. L. 119–21, §70514(c)(2), added par. (4) relating to restrictions relating to prohibited foreign entities.
Pub. L. 119–21, §70514(a), amended par. (4) generally. Prior to amendment, text read as follows: "For purposes of this section, a person shall be treated as having sold an eligible component to an unrelated person if such component is integrated, incorporated, or assembled into another eligible component which is sold to an unrelated person."

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment
Pub. L. 119–21, title VII, §70514(f), July 4, 2025, 139 Stat. 276, provided that:
"(1) In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to taxable years beginning after the date of enactment of this Act [July 4, 2025].
"(2) Modification of provision relating to sale of integrated components.—The amendment made by subsection (a) [amending this section] shall apply to components sold during taxable years beginning after December 31, 2026."

Effective Date
Pub. L. 117–169, title I, §13502(c), Aug. 16, 2022, 136 Stat. 1981, provided that: "The amendments made by this section [enacting this section and amending section 38 of this title] shall apply to components produced and sold after December 31, 2022."

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Bluebook (online)
26 U.S.C. § 45X, Counsel Stack Legal Research, https://law.counselstack.com/usc/26/45X.