Attention railroaders, suppliers, contractors, customers and other short line supporters, the short line railroad tax credit has been extended through calendar years 2008 and 2009. Qualified expenditures will now earn credits through December 31, 2009.
The passing of the short line tax credit in the tax extenders package was a huge success for the railroad industry. The legislation passed not only extends the short line tax credit through December 31, 2009, it also provides relief from the alternative minimum tax, which has kept many short lines from utilizing the tax credit.
The text of Section 45G as amended is available here.
Bill Language as passed in the Emergency Economic Stabilization Act of 2008:
H.R. 1424
Division C-Tax Extenders and Alternative Minimum Tax Relief
Title III – Extension of Business Tax Provisions
Section 316. Railroad Track Maintenance
(a) IN GENERAL.—Subsection (f) of section 45G (relating to application of section) is amended by striking ‘‘January 1, 2008’’ and inserting ‘‘January 1, 2010’’.
(b) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX.—Subparagraph (B) of section 38(c)(4), as amended by this Act, is amended—
(1) by redesignating clauses (v), (vi), and (vii) as clauses (vi), (vii), and (viii), respectively, and
(2) by inserting after clause (iv) the following new clause: ‘‘(v) the credit determined under section 45G,’’.
(c) EFFECTIVE DATES.—
(1) The amendment made by subsection (a) shall apply to expenditures paid or incurred during taxable years beginning after December 31, 2007.
(2) The amendments made by subsection (b) shall apply to credits determined under section 45G of the Internal Revenue Code of 1986 in taxable years beginning after December 31, 2007, and to carrybacks of such credits.
In the 110th Congress, the Short Line Railroad Investment Act of 2007 (S. 881, H.R. 1584) was introduced by the House and the Senate. The bill set the stage for the extension and AMT fixes. Members of Congress who supported these bills helped make the extension possible.
Below is a list of S. 881 and H.R. 1584 supporting documentation: White papers, co-sponsor lists, bill language, statute text, etc.