H.R. 1259House118th Congress (2023-2025)In Committee

HITS Act

Introduced February 28, 2023

AI-Generated Summary

Updated January 20, 2026 at 4:07 AM UTC

The HITS Act amends the Internal Revenue Code to let taxpayers treat costs of qualified sound recording productions as ordinary expenses instead of capitalizing them. It creates an election to expense these costs up to a $150,000 limit per year and defines a qualified sound recording as one made in the United States. The changes also allow such productions to qualify for bonus depreciation. The law applies to eligible producers of U.S. sound recordings starting with tax years after the act’s enactment.

Key Provisions

  • Adds sound recording productions to the list of qualified productions that can be expensed under Section 181
  • Sets an annual $150,000 cap on the amount of sound recording production costs that can be expensed
  • Defines “qualified sound recording production” as a recording made and recorded in the United States
  • Allows qualified sound recording productions to be treated as qualified property for bonus depreciation under Section 168(k)
  • Specifies that the production is considered placed in service at its initial release or broadcast
  • Applies the amendments to productions beginning in taxable years ending after the act’s enactment

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

February 28, 2023

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HouseIntro Referral

Introduced in House

February 28, 2023

HouseIntro Referral

Referred to the House Committee on Ways and Means.

February 28, 2023

Floor Debate

1 member

What members said about H.R. 1259 on the floor

1 Republican
Monica De La Cruz
Rep. Monica De La CruzR-TX-15 · Sep 12, 2023

Under clause 7 of rule XII, sponsors were added to public bills and resolutions, as follows: H.R. 16: Ms. Tokuda, Mr. Magaziner, Mr. Casten, Mr. Casar, Mr. Sherman, Ms. Caraveo, and Mr. Sablan. H.R.…

Bill Text

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Introduced in HouseIssued February 28, 2023

I

118th CONGRESS

1st Session

H. R. 1259

IN THE HOUSE OF REPRESENTATIVES

February 28, 2023

Ms. Sánchez (for herself and Mr. Estes) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to provide for an election to expense certain qualified sound recording costs otherwise chargeable to capital account.

1.

Short title

This Act may be cited as the Help Independent Tracks Succeed Act or the HITS Act.

2.

Treatment of certain qualified sound recording productions

(a)

Election To treat costs as expenses

Section 181(a)(1) of the Internal Revenue Code of 1986 is amended by striking qualified film or television production, and any qualified live theatrical production, and inserting qualified film or television production, any qualified live theatrical production, and any qualified sound recording production.

(b)

Dollar limitation

Section 181(a)(2) of such Code is amended by adding at the end the following new paragraph:

(C)

Qualified sound recording production

Paragraph (1) shall not apply to so much of the aggregate cost of any qualified sound recording production, or to so much of the aggregate, cumulative cost of all such qualified sound recording productions in the taxable year, as exceeds $150,000.

.

(c)

No other deduction or amortization deduction allowable

Section 181(b) of such Code is amended by striking qualified film or television production or any qualified live theatrical production and inserting qualified film or television production, any qualified live theatrical production, or any qualified sound recording production.

(d)

Election

Section 181(c)(1) of such Code is amended by striking qualified film or television production or any qualified live theatrical production and inserting qualified film or television production, any qualified live theatrical production, or any qualified sound recording production.

(e)

Qualified sound recording production defined

Section 181 of such Code is amended by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting after subsection (e) the following new subsection:

(f)

Qualified sound recording production

For purposes of this section, the term qualified sound recording production means a sound recording (as defined in section 101 of title 17, United States Code) produced and recorded in the United States.

.

(f)

Bonus depreciation

(1)

Qualified sound recording production as qualified property

Section 168(k)(2)(A)(i) of such Code is amended—

(A)

by striking or at the end of subclause (IV), by adding or at the end of subclause (V), and by inserting after subclause (V) the following:

(VI)

which is a qualified sound recording production (as defined in subsection (f) of section 181) for which a deduction would have been allowable under section 181 without regard to subsections (a)(2) and (h) of such section or this subsection,

; and

(B)

in subclauses (IV) and (V) (as amended) by striking without regard to subsections (a)(2) and (g) both places it appears and inserting without regard to subsections (a)(2) and (h).

(2)

Production placed in service

Section 168(k)(2)(H) of such Code is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and, and by adding after clause (ii) the following:

(iii)

a qualified sound recording production shall be considered to be placed in service at the time of initial release or broadcast.

.

(g)

Conforming amendments

(1)

The heading for section 181 of such Code is amended to read as follows: Treatment of certain qualified productions..

(2)

The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 181 and inserting the following new item:

Sec. 181. Treatment of certain qualified productions.

.

(h)

Effective date

The amendments made by this section shall apply to productions commencing in taxable years ending after the date of the enactment of this Act.