§ 617. Deduction and recapture of certain mining exploration expenditures
(a)
Allowance of deduction
(1)
General rule
At the election of the taxpayer, expenditures paid or incurred during the taxable year for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral, and paid or incurred before the beginning of the development stage of the mine, shall be allowed as a deduction in computing taxable income. This subsection shall apply only with respect to the amount of such expenditures which, but for this subsection, would not be allowable as a deduction for the taxable year. This subsection shall not apply to expenditures for the acquisition or improvement of property of a character which is subject to the allowance for depreciation provided in section
167, but allowances for depreciation shall be considered, for purposes of this subsection, as expenditures paid or incurred. In no case shall this subsection apply with respect to amounts paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of oil or gas or of any mineral with respect to which a deduction for percentage depletion is not allowable under section
613.
(2)
Elections
(A)
Method
Any election under this subsection shall be made in such manner as the Secretary may by regulations prescribe.
(B)
Time and scope
The election provided by paragraph (1) for the taxable year may be made at any time before the expiration of the period prescribed for making a claim for credit or refund of the tax imposed by this chapter for the taxable year. Such an election for the taxable year shall apply to all expenditures described in paragraph (1) paid or incurred by the taxpayer during the taxable year or during any subsequent taxable year. Such an election may not be revoked unless the Secretary consents to such revocation.
(C)
Deficiencies
The statutory period for the assessment of any deficiency for any taxable year, to the extent such deficiency is attributable to an election or revocation of an election under this subsection, shall not expire before the last day of the 2-year period beginning on the day after the date on which such election or revocation of election is made; and such deficiency may be assessed at any time before the expiration of such 2-year period, notwithstanding any law or rule of law which would otherwise prevent such assessment.
(b)
Recapture on reaching producing stage
(1)
Recapture
If, in any taxable year, any mine with respect to which expenditures were deducted pursuant to subsection (a) reaches the producing stage, then—
(A)
If the taxpayer so elects with respect to all such mines reaching the producing stage during the taxable year, he shall include in gross income for the taxable year an amount equal to the adjusted exploration expenditures with respect to such mines, and the amount so included in income shall be treated for purposes of this subtitle as expenditures which
(B)
If subparagraph (A) does not apply with respect to any such mine, then the deduction for depletion under section
611 with respect to the property shall be disallowed until the amount of depletion which would be allowable but for this subparagraph equals the amount of the adjusted exploration expenditures with respect to such mine.
(c)
Recapture in case of bonus or royalty
If an election has been made under subsection (a) with respect to expenditures relating to a mining property and the taxpayer receives or accrues a bonus or a royalty with respect to such property, then the deduction for depletion under section
611 with respect to the bonus or royalty shall be disallowed until the amount of depletion which would be allowable but for this subsection equals the amount of the adjusted exploration expenditures with respect to the property to which the bonus or royalty relates.
(d)
Gain from dispositions of certain mining property
(1)
General rule
Except as otherwise provided in this subsection, if mining property is disposed of the lower of—
(2)
Disposition of portion of property
For purposes of paragraph (1)—
(A)
In the case of the disposition of a portion of a mining property (other than an undivided interest), the entire amount of the adjusted exploration expenditures with respect to such property shall be treated as attributable to such portion to the extent of the amount of the gain to which paragraph (1) applies.
(B)
In the case of the disposition of an undivided interest in a mining property (or a portion thereof), a proportionate part of the adjusted exploration expenditures with respect to such property shall be treated as attributable to such undivided interest to the extent of the amount of the gain to which paragraph (1) applies.
This paragraph shall not apply to any expenditure to the extent the taxpayer establishes to the satisfaction of the Secretary that such expenditure relates neither to the portion (or interest therein) disposed of nor to any mine, in the property held by the taxpayer before the disposition, which has reached the producing stage.
(3)
Exceptions and limitations
Paragraphs (1), (2), and (3) of section
1245
(b) (relating to exceptions and limitations with respect to gain from disposition of certain depreciable property) shall apply in respect of this subsection in the same manner and with the same effect as if references in section
1245
(b) to section
1245 or any provision thereof were references to this subsection or the corresponding provisions of this subsection and as if references to section
1245 property were references to mining property.
(4)
Application of subsection
This subsection shall apply notwithstanding any other provision of this subtitle.
(5)
Coordination with section
1254
This subsection shall not apply to any disposition to which section
1254 applies.
(e)
Basis of property
(f)
Definitions
For purposes of this section
(1)
Adjusted exploration expenditures
The term “adjusted exploration expenditures” means, with respect to any property or mine—
(A)
the amount of the expenditures allowed for the taxable year and all preceding taxable years as deductions under subsection (a) to the taxpayer or any other person which are properly chargeable to such property or mine and which (but for the election under subsection (a)) would be reflected in the adjusted basis of such property or mine, reduced by
(B)
for the taxable year and for each preceding taxable year, the amount (if any) by which
(i)
the amount which would have been allowable for percentage depletion under section
613 but for the deduction of such expenditures, exceeds
properly adjusted for any amounts included in gross income under subsection (b) or (c) and for any amounts of gain to which subsection (d) applied.
(2)
Mining property
The term “mining property” means any property (within the meaning of section
614 after the application of subsections (c) and (e) thereof) with respect to which any expenditures allowed as a deduction under subsection (a)(1) are properly chargeable.
(g)
Special rules relating to partnership property
(1)
Property distributed to partner
In the case of any property or mine received by the taxpayer in a distribution with respect to part or all of his interest in a partnership, the adjusted exploration expenditures with respect to such property or mine include the adjusted exploration expenditures (not otherwise included under subsection (f)(1)) with respect to such property or mine immediately prior to such distribution, but the adjusted exploration expenditures with respect to any such property or mine shall be reduced by the amount of gain to which section
751
(b) applied realized by the partnership (as constituted after the distribution) on the distribution of such property or mine.
(2)
Property retained by partnership
In the case of any property or mine held by a partnership after a distribution to a partner to which section
751
(b) applied, the adjusted exploration expenditures with respect to such property or mine shall, under regulations prescribed by the Secretary, be reduced by the amount of gain to which section
751
(b) applied realized by such partner with respect to such distribution on account of such property or mine.
(h)
Special rules for foreign exploration
In the case of any expenditures paid or incurred before the development stage for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (other than an oil, gas, or geothermal well) located outside the United States—