### Question
How is the "qualified disaster assistance property" defined?


### Answer
The term **qualified disaster assistance property** is defined in *26 U.S.C. § 168* as follows -

> any property—


(i)(I) which is described in subsection (k)(2)(A)(i), or


(II) which is nonresidential real property or residential rental property,


(ii) substantially all of the use of which is—


(I) in a disaster area with respect to a federally declared disaster occurring before January 1, 2010, and


(II) in the active conduct of a trade or business by the taxpayer in such disaster area,


  

(iii) which—


(I) rehabilitates property damaged, or replaces property destroyed or condemned, as a result of such federally declared disaster, except that, for purposes of this clause, property shall be treated as replacing property destroyed or condemned if, as part of an integrated plan, such property replaces property which is included in a continuous area which includes real property destroyed or condemned, and


(II) is similar in nature to, and located in the same county as, the property being rehabilitated or replaced,


  

(iv) the original use of which in such disaster area commences with an eligible taxpayer on or after the applicable disaster date,


(v) which is acquired by such eligible taxpayer by purchase (as defined in section 179(d)) on or after the applicable disaster date, but only if no written binding contract for the acquisition was in effect before such date, and


(vi) which is placed in service by such eligible taxpayer on or before the date which is the last day of the third calendar year following the applicable disaster date (the fourth calendar year in the case of nonresidential real property and residential rental property)

#### Citation:
  - *26 U.S.C. § 168*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter B-Computation of Taxable Income > PART VI-ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS**

