Federal · Title 26 — Internal Revenue Code

26 U.S.C. § 110: Qualified lessee construction allowances for short-term leases

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under a short-term lease of retail space, and for the purpose of such lessee’s constructing or improving qualified long-term real property for use in such lessee’s trade or business at such retail space, Qualified long-term real property constructed or improved in connection with any amount excluded from a lessee’s income by reason of subsection (a) shall be treated as nonresidential real property of the lessor (including for purposes of section 168(i)(8)(B)). The term “qualified long-term real property” means nonresidential real property which is part of, or otherwise present at, the retail space referred to in subsection (a) and which reverts to the lessor at the termination of the lease. The term “short-term lease” means a lease (or other agreement for occupancy or use) of retail space for 15 years or less (as determined under the rules of section 168(i)(3)). The term “retail space” means real property leased, occupied, or otherwise used by a lessee in its trade or business of selling tangible personal property or services to the general public. information concerning the amounts received (or treated as a rent reduction) and expended as described in subsection (a), and any other information which the Secretary deems necessary to carry out the provisions of this section.

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