HR 3874 IH

106th CONGRESS

2d Session

H. R. 3874

To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 9, 2000

Mr. RANGEL (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr. MATSUI, Mr. COYNE, Mr. NEAL of Massachusetts, Mr. OBEY, Mr. LAFALCE, Mrs. MINK of Hawaii, Mr. SKELTON, Mr. STENHOLM, Mr. ACKERMAN, Mr. SPRATT, Mr. EVANS, Mr. WISE, Mr. SAWYER, Mr. SERRANO, Mr. ABERCROMBIE, Mr. ENGEL, Ms. DELAURO, Mr. NADLER, Mr. HINCHEY, Mr. BROWN of Ohio, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. STUPAK, Mr. WYNN, Mr. FORBES, Mr. KIND, Mr. STRICKLAND, Mr. MCGOVERN, Mr. TURNER, Mr. BOSWELL, Mr. HINOJOSA, Ms. SANCHEZ, Mr. SANDLIN, Mr. WU, Mr. HOLT, Mrs. CAPPS, Mr. MEEKS of New York, Mr. LARSON, Ms. BERKLEY, Mrs. NAPOLITANO, Mr. PHELPS, Mr. GONZALEZ, Mr. INSLEE, and Mr. UDALL of Colorado) 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 tax relief for small businesses, and for other purposes.

TITLE II--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

SEC. 200. SHORT TITLE.

TITLE II--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

Subtitle A--Permanent Extension of Work Opportunity Credit and Welfare-to-Work Credit

Subtitle B--Deduction for 100 Percent of Health Insurance Costs of Self-Employed Individuals

Subtitle C--Pension Provisions

Subtitle D--Business Tax Relief

Subtitle E--Expansion of Incentives for Public Schools

Subtitle F--Increased Estate Tax Relief for Family-Owned Business Interests

Subtitle G--Revenue Offsets

Part I--Revision of Tax Rules on Expatriation

Part II--Disallowance of Noneconomic Tax Attributes

SUBPART A--DISALLOWANCE OF NONECONOMIC TAX ATTRIBUTES; INCREASE IN PENALTY WITH RESPECT TO DISALLOWED NONECONOMIC TAX ATTRIBUTES

SUBPART B--LIMITATIONS ON IMPORTATION OR TRANSFER OF BUILT-IN LOSSES

Part III--Estate and Gift Tax Offsets

Part IV--Other Offsets

Subtitle A--Permanent Extension of Work Opportunity Credit and Welfare-to-Work Credit

SEC. 201. WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT; REPEAL OF AGE LIMITATION ON ELIGIBILITY OF FOOD STAMP RECIPIENTS.

eligible for such assistance under section 6(o) of the Food Stamp Act of 1977.'

Subtitle B--Deduction for 100 Percent of Health Insurance Costs of Self-Employed Individuals

SEC. 211. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.

Subtitle C--Pension Provisions

SEC. 221. TREATMENT OF MULTIEMPLOYER PLANS UNDER SECTION 415.

SEC. 222. EARLY RETIREMENT LIMITS FOR CERTAIN PLANS.

in existence on January 1, 1986, the participants in which are merchant marine officers holding licenses issued by the Secretary of Transportation under title 46, United States Code.'.

SEC. 223. CERTAIN POST-SECONDARY EDUCATIONAL BENEFITS PROVIDED BY AN EMPLOYER TO CHILDREN OF EMPLOYEES EXCLUDABLE FROM GROSS INCOME AS A SCHOLARSHIP.

Subtitle D--Business Tax Relief

SEC. 231. INCREASE IN EXPENSE TREATMENT FOR SMALL BUSINESSES.

SEC. 232. SMALL BUSINESSES ALLOWED INCREASED DEDUCTION FOR MEAL AND ENTERTAINMENT EXPENSES.

SEC. 233. RESTORATION OF DEDUCTION FOR TRAVEL EXPENSES OF SPOUSE, ETC. ACCOMPANYING TAXPAYER ON BUSINESS TRAVEL.

SEC. 234. INCREASED CREDIT AND AMORTIZATION DEDUCTION FOR REFORESTATION EXPENDITURES.

SEC. 235. REPEAL OF MODIFICATION OF INSTALLMENT METHOD.

Subtitle E--Expansion of Incentives for Public Schools

SEC. 241. EXPANSION OF INCENTIVES FOR PUBLIC SCHOOLS.

`Subchapter X--Public School Modernization Provisions

`Part I. Credit to holders of qualified public school modernization bonds.

`Part II. Qualified school construction bonds.

`Part III. Incentives for education zones.

`PART I--CREDIT TO HOLDERS OF QUALIFIED PUBLIC SCHOOL MODERNIZATION BONDS

`Sec. 1400F. Credit to holders of qualified public school modernization bonds.

`SEC. 1400F. CREDIT TO HOLDERS OF QUALIFIED PUBLIC SCHOOL MODERNIZATION BONDS.

instrument evidencing the entitlement to the credit and not to the holder of the bond.

`PART II--QUALIFIED SCHOOL CONSTRUCTION BONDS

`Sec. 1400G. Qualified school construction bonds.

`SEC. 1400G. QUALIFIED SCHOOL CONSTRUCTION BONDS.

fiscal capacity to issue bonds on their own, and

`PART III--INCENTIVES FOR EDUCATION ZONES

`Sec. 1400H. Qualified zone academy bonds.

`SEC. 1400H. QUALIFIED ZONE ACADEMY BONDS.

`Subchapter X. Public school modernization provisions.'

`Part IV. Regulations.'

Subtitle F--Increased Estate Tax Relief for Family-Owned Business Interests

SEC. 251. INCREASE IN ESTATE TAX BENEFIT FOR FAMILY-OWNED BUSINESS INTERESTS.

`Sec. 2010A. Family-owned business interests.'

Subtitle G--Revenue Offsets

PART I--REVISION OF TAX RULES ON EXPATRIATION

SEC. 261. REVISION OF TAX RULES ON EXPATRIATION.

`SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

to paragraph (5) of section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)(5)),

distribution to the person holding the trust interest, and

existence of and functions performed by a trust protector or any similar advisor.

`CHAPTER 13A--GIFTS AND BEQUESTS FROM EXPATRIATES

`Sec. 2681. Imposition of tax.

`SEC. 2681. IMPOSITION OF TAX.

`Chapter 13A. Gifts and bequests from expatriates.'

`Sec. 877A. Tax responsibilities of expatriation.'.

PART II--DISALLOWANCE OF NONECONOMIC TAX ATTRIBUTES

Subpart A--Disallowance of Noneconomic Tax Attributes; Increase in Penalty With Respect to Disallowed Noneconomic Tax Attributes

SEC. 266. DISALLOWANCE OF NONECONOMIC TAX ATTRIBUTES.

and to the extent that the loss or deduction was economically borne by the taxpayer.

SEC. 267. INCREASE IN SUBSTANTIAL UNDERPAYMENT PENALTY WITH RESPECT TO DISALLOWED NONECONOMIC TAX ATTRIBUTES.

SEC. 268. PENALTY ON MARKETED TAX AVOIDANCE STRATEGIES WHICH HAVE NO ECONOMIC SUBSTANCE, ETC.

abusive tax shelters, etc.) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:

SEC. 269. EFFECTIVE DATES.

Subpart B--Limitations on Importation or Transfer of Built-in Losses

SEC. 271. LIMITATION ON IMPORTATION OF BUILT-IN LOSSES.

paragraph (2) which is acquired in such transaction shall (notwithstanding subsections (a) and (b)) be its fair market value immediately after such transaction.

SEC. 272. DISALLOWANCE OF PARTNERSHIP LOSS TRANSFERS.

with respect to a transfer of an interest in a partnership if the transferee partner's proportionate share of the adjusted basis of the partnership property exceeds 110 percent of the basis of such partner's interest in the partnership.'

`SEC. 743. ADJUSTMENT TO BASIS OF PARTNERSHIP PROPERTY WHERE SECTION 754 ELECTION OR SUBSTANTIAL BUILT-IN LOSS.'

`Sec. 743. Adjustment to basis of partnership property where section 754 election or substantial built-in loss.'

`SEC. 734. ADJUSTMENT TO BASIS OF UNDISTRIBUTED PARTNERSHIP PROPERTY WHERE SECTION 754 ELECTION OR SUBSTANTIAL BASIS REDUCTION.'

`Sec. 734. Adjustment to basis of undistributed partnership property where section 754 election or substantial basis reduction.'

PART III--ESTATE AND GIFT TAX OFFSETS

SEC. 276. VALUATION RULES FOR TRANSFERS INVOLVING NONBUSINESS ASSETS.

SEC. 277. CORRECTION OF TECHNICAL ERROR AFFECTING LARGEST ESTATES.

PART IV--OTHER OFFSETS

SEC. 281. CONSISTENT AMORTIZATION PERIODS FOR INTANGIBLES.

trade or business begins in an amount equal to the lesser of--

SEC. 282. MODIFICATION OF FOREIGN TAX CREDIT CARRYOVER RULES.

SEC. 283. RECOGNITION OF GAIN ON TRANSFERS TO SWAP FUNDS.

END