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H.R. 696, CARES Windfall for the Wealthiest Repeal Act

Summary

House bill H.R. 696 of the 117th Congress, 1st Session, was introduced February 2, 2021, to amend the Internal Revenue Code of 1986 to impose a limitation on excess business losses of non-corporate taxpayers and to modify the carryback of net operating losses for certain taxable years. Doggett introduced it for himself and others named in the heading, and it was referred to Ways and Means. The short title is the CARES Windfall for the Wealthiest Repeal Act. Section 2 amends section 461(l)(1) so that any excess business loss of a taxpayer other than a corporation is not allowed, applying to taxable years beginning after December 31, 2017. Section 3 covers a carryback of net operating losses arising in 2019 and 2020.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr696Ih Bills 117Hr696Ih
Case
Bills Bills 117Hr696Ih Bills 117Hr696Ih

Cite this document

“H.R. 696, CARES Windfall for the Wealthiest Repeal Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr696ih-bills-117hr696ih/, SHA-256 c45462c84c58db8f8abb94e8a5867da1690075d9f6ec3c755e05f63863ad464b.

Full text

                                                                                                                                                                        I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                               H. R. 696
                                                                       To amend the Internal Revenue Code of 1986 to impose a limitation on
                                                                           excess business losses of non-corporate taxpayers and to modify the
                                                                           carryback of net operating losses for certain taxable years.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                    FEBRUARY 2, 2021
                                                                       Mr. DOGGETT (for himself, Ms. DELAURO, Mr. COHEN, Mr. BEYER, Mr.
                                                                           BLUMENAUER, Ms. BONAMICI, Mr. CASTEN, Ms. CHU, Mr. CICILLINE,
                                                                           Mr. CONNOLLY, Mr. DEFAZIO, Ms. DEGETTE, Ms. ESHOO, Mr. GARCÍA
                                                                           of Illinois, Ms. GARCIA of Texas, Mr. GRIJALVA, Mrs. HAYES, Ms. KAP-
                                                                           TUR, Mr. LANGEVIN, Mr. LIEU, Mr. MCGOVERN, Mr. NADLER, Ms. NOR-
                                                                           TON, Ms. PINGREE, Mr. POCAN, Mr. RYAN, Mr. SARBANES, Ms. SCAN-
                                                                           LON, Ms. SCHAKOWSKY, Mr. TONKO, Mrs. WATSON COLEMAN, and Mr.
                                                                           WELCH) introduced the following bill; which was referred to the Com-
                                                                           mittee on Ways and Means




                                                                                                                 A BILL
                                                                       To amend the Internal Revenue Code of 1986 to impose
                                                                          a limitation on excess business losses of non-corporate
                                                                          taxpayers and to modify the carryback of net operating
                                                                          losses for certain taxable years.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.




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                                                                         4              This Act may be cited as the ‘‘CARES Windfall for
                                                                         5 the Wealthiest Repeal Act’’.


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                                                                         1     SEC. 2. LIMITATION ON EXCESS BUSINESS LOSSES OF NON-

                                                                         2                             CORPORATE                  TAXPAYERS                RESTORED     AND

                                                                         3                             MADE PERMANENT.

                                                                         4              (a) IN GENERAL.—Section 461(l)(1) of the Internal
                                                                         5 Revenue Code of 1986 is amended to read as follows:
                                                                         6                        ‘‘(1) LIMITATION.—In the case of a taxpayer
                                                                         7              other than a corporation, any excess business loss of
                                                                         8              the taxpayer shall not be allowed.’’.
                                                                         9              (b) FARMING LOSSES.—Section 461 of such Code is
                                                                       10 amended by striking subsection (j).
                                                                       11               (c) EFFECTIVE DATE.—The amendments made by
                                                                       12 this section shall apply to taxable years beginning after
                                                                       13 December 31, 2017.
                                                                       14      SEC. 3. CERTAIN TAXPAYERS ALLOWED CARRYBACK OF

                                                                       15                              NET OPERATING LOSSES ARISING IN 2019

                                                                       16                              AND 2020.

                                                                       17               (a) CARRYBACK OF LOSSES ARISING IN 2019 AND
                                                                       18 2020.—
                                                                       19                         (1) IN GENERAL.—Section 172(b)(1)(D)(i) of
                                                                       20               the Internal Revenue Code of 1986 is amended to
                                                                       21               read as follows:
                                                                       22                                         ‘‘(i) IN GENERAL.—In the case of any
                                                                       23                                  net operating loss arising in a taxable year
                                                                       24                                  beginning after December 31, 2018, and




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                                                                       25                                  before January 1, 2021, and to which sub-
                                                                       26                                  paragraphs (B) and (C)(i) do not apply,
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                                                                         1                                 such loss shall be a net operating loss
                                                                         2                                 carryback to each taxable year preceding
                                                                         3                                 the taxable year of such loss, but not to
                                                                         4                                 any taxable year beginning before January
                                                                         5                                 1, 2018.’’.
                                                                         6                        (2) CONFORMING AMENDMENTS.—
                                                                         7                                 (A) The heading for section 172(b)(1)(D)
                                                                         8                        of such Code is amended by striking ‘‘2018,
                                                                         9                        2019, AND’’ and inserting ‘‘2019 AND’’.

                                                                       10                                  (B) Section 172(b)(1)(D) of such Code is
                                                                       11                         amended by striking clause (iii) and by redesig-
                                                                       12                         nating clauses (iv) and (v) as clauses (iii) and
                                                                       13                         (iv), respectively.
                                                                       14                                  (C) Section 172(b)(1)(D)(iii) of such Code,
                                                                       15                         as so redesignated, is amended by striking
                                                                       16                         ‘‘(i)(I)’’ and inserting ‘‘(i)’’.
                                                                       17                                  (D) Section 172(b)(1)(D)(iv) of such Code,
                                                                       18                         as so redesignated, is amended—
                                                                       19                                          (i)      by          striking         ‘‘If       the      5-year
                                                                       20                                  carryback period under clause (i)(I)’’ in
                                                                       21                                  subclause              (I)     and         inserting           ‘‘If   the
                                                                       22                                  carryback period under clause (i)’’, and
                                                                       23                                          (ii) by striking ‘‘2018 or’’ in subclause




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                                                                       24                                  (II).




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                                                                         1              (b) DISALLOWED FOR CERTAIN TAXPAYERS.—Sec-
                                                                         2 tion 172(b)(1)(D) of such Code, as amended by the pre-
                                                                         3 ceding provisions of this Act, is amended by adding at the
                                                                         4 end the following new clauses:
                                                                         5                                        ‘‘(v) CARRYBACK                       DISALLOWED      FOR

                                                                         6                                 CERTAIN TAXPAYERS.—Clause (i) shall not

                                                                         7                                 apply with respect to any loss arising in a
                                                                         8                                 taxable year in which—
                                                                         9                                                 ‘‘(I) the taxpayer (or any related
                                                                       10                                         person) is not allowed a deduction
                                                                       11                                         under this chapter for the taxable
                                                                       12                                         year by reason of section 162(m) or
                                                                       13                                         section 280G, or
                                                                       14                                                  ‘‘(II) the taxpayer (or any related
                                                                       15                                         person) is a specified corporation for
                                                                       16                                         the taxable year.
                                                                       17                                         ‘‘(vi) SPECIFIED CORPORATION.—For
                                                                       18                                  purposes of clause (v)—
                                                                       19                                                  ‘‘(I) IN             GENERAL.—The            term
                                                                       20                                         ‘specified corporation’ means, with re-
                                                                       21                                         spect to any taxable year, a corpora-
                                                                       22                                         tion the aggregate distributions (in-
                                                                       23                                         cluding redemptions) of which during




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                                                                       24                                         all taxable years ending after Decem-
                                                                       25                                         ber 31, 2017, exceed the sum of appli-


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                                                                         1                                        cable stock issued of such corporation
                                                                         2                                        and 5 percent of the fair market value
                                                                         3                                        of the stock of such corporation as of
                                                                         4                                        the last day of the taxable year.
                                                                         5                                                 ‘‘(II)             APPLICABLE                  STOCK

                                                                         6                                        ISSUED.—The                   term ‘applicable stock
                                                                         7                                        issued’ means, with respect to any
                                                                         8                                        corporation, the aggregate fair market
                                                                         9                                        value of stock (as of the issue date of
                                                                       10                                         such stock) issued by the corporation
                                                                       11                                         during all taxable years ending after
                                                                       12                                         December 31, 2017, in exchange for
                                                                       13                                         money or property other than stock in
                                                                       14                                         such corporation.
                                                                       15                                                  ‘‘(III)            CERTAIN               PREFERRED

                                                                       16                                         STOCK DISREGARDED.—For                                purposes
                                                                       17                                         of subclause (I), stock described in
                                                                       18                                         section 1504(a)(4), and distributions
                                                                       19                                         (including redemptions) with respect
                                                                       20                                         to such stock, shall be disregarded.
                                                                       21                                         ‘‘(vii) RELATED PERSON.—For pur-
                                                                       22                                  poses of clause (v), a person is a related
                                                                       23                                  person to a taxpayer if the related person




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                                                                       24                                  bears a relationship to the taxpayer speci-




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                                                                         1                                 fied        in         section         267(b)            or   section
                                                                         2                                 707(b)(1).’’.
                                                                         3              (c) EFFECTIVE DATE.—The amendments made by
                                                                         4 this section shall take effect as if included in the enact-
                                                                         5 ment of section 2303(b) of the Coronavirus Aid, Relief,
                                                                         6 and Economic Security Act.
                                                                                                                                  Æ




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