A building never used in production may still qualify when bought
What the document says“such property was not used in a qualified production activity (determined without regard to the second sentence of subparagraph (D)) by any”
The section treats the original use and construction start tests as met for property acquired during the construction window where the property was not used in a qualified production activity by anyone from January 1, 2021 through May 12, 2025, was not used by the taxpayer before the acquisition, and the acquisition meets the requirements of paragraphs (2)(A), (2)(B), (2)(C) and (3) of section 179(d). A written binding contract fixes the acquisition date at both ends of the window.
What the document actually says“such property was not used in a qualified production activity (determined without regard to the second sentence of subparagraph (D)) by any”
The building must not have been used in production. That is tested against a set window of years.
That window runs from January 1, 2021 to May 12, 2025. The buyer must also not have used it before. A signed contract fixes the buying date.
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