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Taxpayer Certainty and Disaster Tax Relief Act of 2019

Summary

This is House Report 116-379 of the 116th Congress, 2d Session, titled Taxpayer Certainty and Disaster Tax Relief Act of 2019, a report of the Committee on Ways and Means on H.R. 3301, together with dissenting views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed January 21, 2020. The contents list a summary and background section, legislative history, and an explanation of the bill beginning with Title I, Extension of Certain Expiring Provisions. Listed provisions include the exclusion from gross income of discharge of qualified principal residence indebtedness and the treatment of mortgage insurance premiums as qualified residence interest.

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Congressional materials
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Crpt Crpt 116Hrpt379 Crpt 116Hrpt379
Case
Crpt Crpt 116Hrpt379 Crpt 116Hrpt379

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“Taxpayer Certainty and Disaster Tax Relief Act of 2019.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt379-crpt-116hrpt379/, SHA-256 5897689a02c20705f8b763f5f841bef8bc372f4e33d89ffc9d0a87319ed853ce.

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                                                                                 116TH CONGRESS                                                                       REPORT
                                                                                                "              HOUSE OF REPRESENTATIVES                      !
                                                                                    2d Session                                                                        116–379




                                                                                       TAXPAYER CERTAINTY AND DISASTER TAX
                                                                                                RELIEF ACT OF 2019




                                                                                                                         R E P O R T
                                                                                                                              OF THE



                                                                                              COMMITTEE ON WAYS AND MEANS
                                                                                                HOUSE OF REPRESENTATIVES
                                                                                                                                    ON


                                                                                                                           H.R. 3301

                                                                                                                          TOGETHER WITH


                                                                                                                  DISSENTING VIEWS




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                                                                                 116TH CONGRESS                                                                       REPORT
                                                                                                "              HOUSE OF REPRESENTATIVES                      !
                                                                                    2d Session                                                                        116–379




                                                                                       TAXPAYER CERTAINTY AND DISASTER TAX
                                                                                                RELIEF ACT OF 2019




                                                                                                                         R E P O R T
                                                                                                                              OF THE



                                                                                              COMMITTEE ON WAYS AND MEANS
                                                                                                HOUSE OF REPRESENTATIVES
                                                                                                                                    ON


                                                                                                                           H.R. 3301

                                                                                                                          together with

                                                                                                                  DISSENTING VIEWS




                                                                                        JANUARY 21, 2020.—Committed to the Committee of the Whole House
                                                                                               on the State of the Union and ordered to be printed




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                                                                                                             U.S. GOVERNMENT PUBLISHING OFFICE
                                                                                     39–389                              WASHINGTON : 2020




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                                                                                                                              CONTENTS

                                                                                                                                                                                                           Page
                                                                                     TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2019
                                                                                       REPORT ........................................................................................................       1
                                                                                  I. SUMMARY AND BACKGROUND .................................................................                               16
                                                                                        A. Purpose and Summary ........................................................................                     16
                                                                                        B. Background and Need for Legislation ................................................                             16
                                                                                        C. Legislative History ..............................................................................               17
                                                                                 II. EXPLANATION OF THE BILL ......................................................................                         17
                                                                                     TITLE I—EXTENSION OF CERTAIN EXPIRING PROVISIONS ..............                                                        17
                                                                                        A. Tax Relief and Support for Families and Individuals ......................                                       17
                                                                                            1. Exclusion from gross income of discharge of qualified principal
                                                                                                residence indebtedness (sec. 101 of the bill and sec.
                                                                                                108(a)(1)(E) of the Code) .............................................................                     17
                                                                                            2. Treatment of mortgage insurance premiums as qualified resi-
                                                                                                dence interest (sec. 102 of the bill and sec. 163(h) of the
                                                                                                Code) ............................................................................................          19
                                                                                            3. Reduction in medical expense deduction floor (sec. 103 of
                                                                                                the bill and sec. 213 of the Code) ..............................................                           20
                                                                                            4. Deduction of qualified tuition and related expenses (sec. 104
                                                                                                of the bill and sec. 222 of the Code) ..........................................                            21
                                                                                            5. Black lung disability trust fund excise tax (sec. 105 of the
                                                                                                bill and sec. 4121 of the Code) ...................................................                         23
                                                                                        B. Incentives for Employment, Economic Growth, and Community
                                                                                          Development ...........................................................................................           23
                                                                                            1. Indian employment tax credit (sec. 111 of the bill and sec.
                                                                                                45A of the Code) ..........................................................................                 23
                                                                                            2. Railroad track maintenance credit (sec. 112 of the bill and
                                                                                                sec. 45G of the Code) ..................................................................                    25
                                                                                            3. Mine rescue team training credit (sec. 113 of the bill and
                                                                                                sec. 45N of the Code) ..................................................................                    28
                                                                                            4. Seven-year recovery period for motorsports entertainment
                                                                                                complexes (sec. 114 of the bill and sec. 168(i)(15) of the
                                                                                                Code) ............................................................................................          29
                                                                                            5. Accelerated depreciation for business property on Indian res-
                                                                                                ervations (sec. 115 of the bill and sec. 168(j) of the Code) ......                                         31
                                                                                            6. Expensing rules for certain productions (sec. 116 of the bill
                                                                                                and sec. 181 of the Code) ............................................................                      32
                                                                                            7. Empowerment zone tax incentives (sec. 117 of the bill and
                                                                                                secs. 1391, 1394, 1396, 1397A, and 1397B of the Code) ..........                                            35
                                                                                            8. American Samoa economic development credit (sec. 118 of
                                                                                                the bill) .........................................................................................         41
                                                                                        C. Incentives for Energy Production, Efficiency, and Green Economy
                                                                                          Jobs .........................................................................................................    43
                                                                                            1. Biodiesel and renewable diesel (sec. 121 of the bill and sec.
                                                                                                40A of the Code) ..........................................................................                 43
                                                                                            2. Second generation biofuel producer credit (sec. 122 of the
                                                                                                bill and sec. 40 of the Code) .......................................................                       46
                                                                                            3. Nonbusiness energy property (sec. 123 of the bill and sec.
                                                                                                25C of the Code) ..........................................................................                 47
                                                                                            4. Qualified fuel cell motor vehicles (sec. 124 of the bill and
                                                                                                sec. 30B of the Code) ..................................................................                    49
                                                                                            5. Alternative fuel refueling property credit (sec. 125 of the bill
                                                                                                and sec. 30C of the Code) ...........................................................                       49
                                                                                            6. Extension of credit for electric motorcycles (sec. 126 of the




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                                                                                                bill and sec. 30D of the Code) ....................................................                         50

                                                                                                                                             (III)




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                                                                                                                                          IV
                                                                                                                                                                                                   Page
                                                                                     TITLE I—EXTENSION OF CERTAIN EXPIRING PROVISIONS—Con-
                                                                                       tinued
                                                                                         C. Incentives for Energy Production, Efficiency, and Green Economy
                                                                                           Jobs—Continued
                                                                                             7. Credit for electricity produced from certain renewable re-
                                                                                                 sources (sec. 127 of the bill and sec. 45 of the Code) ...............                             51
                                                                                             8. Energy-efficient homes credit (sec. 129 of the bill and sec.
                                                                                                 45L of the Code) ..........................................................................        52
                                                                                             9. Special allowance for second generation biofuel plant property
                                                                                                 (sec. 130 of the bill and sec. 168(l) of the Code) .......................                         53
                                                                                             10. Energy-efficient commercial buildings deduction (sec. 131 of
                                                                                                 the bill and sec. 179D of the Code) ............................................                   56
                                                                                             11. Special rule for sales or dispositions to implement FERC
                                                                                                 or State electric restructuring policy for qualified electric
                                                                                                 utilities (sec. 132 of the bill and sec. 451(k) of the Code) ........                              58
                                                                                             12. Extension and clarification of excise tax credits relating to
                                                                                                 alternative fuels (sec. 133 of the bill and secs. 6426 and
                                                                                                 6427 of the Code) ........................................................................         60
                                                                                             13. Oil spill liability trust fund rate (sec. 134 of the bill and
                                                                                                 sec. 4611 of the Code) .................................................................           63
                                                                                         D. Certain Provisions Expiring at the End of 2019 ...............................                          64
                                                                                             1. New markets tax credit (sec. 141 of the bill and sec. 45D
                                                                                                 of the Code) ..................................................................................    64
                                                                                             2. Employer credit for paid family and medical leave (sec. 142
                                                                                                 of the bill and sec. 45S of the Code) ..........................................                   66
                                                                                             3. Work opportunity credit (sec. 143 of the bill and sec. 51
                                                                                                 of the Code) ..................................................................................    68
                                                                                             4. Certain provisions related to beer, wine, and distilled spirits
                                                                                                 (sec. 144 of the bill and secs. 263A, 5001, 5041, 5051, 5212,
                                                                                                 5415, and 5555 of the Code) .......................................................                74
                                                                                             5. Look-through rule for related controlled foreign corporations
                                                                                                 (sec. 145 of the bill and sec. 954(c)(6) of the Code) ..................                           81
                                                                                             6. Credit for health insurance costs of eligible individuals (sec.
                                                                                                 146 of the bill and sec. 35 of the Code) .....................................                     82
                                                                                     TITLE II—ESTATE AND GIFT TAX .............................................................                     85
                                                                                             1. Reduction of unified credit against estate tax (sec. 201 of
                                                                                                 the bill and sec. 2010 of the Code) ............................................                   85
                                                                                     TITLE III—DISASTER TAX RELIEF ............................................................                     87
                                                                                             1. Definitions (sec. 301 of the bill) ....................................................             87
                                                                                             2. Special disaster-related rules for use of retirement funds (sec.
                                                                                                 302 of the bill and sec. 72 of the Code) .....................................                     87
                                                                                             3. Disaster related employment relief (sec. 303 of the bill and
                                                                                                 sec. 38 of the Code) .....................................................................         91
                                                                                             4. Temporary suspension of limitation on charitable contributions
                                                                                                 (sec. 304(a) of the bill and sec. 170 of the Code) ......................                          92
                                                                                             5. Special rules for qualified disaster-related personal casualty
                                                                                                 losses (sec. 304(b) of the bill and sec. 165 of the Code) ...........                              95
                                                                                             6. Special rule for determining earned income (sec. 304(c) of
                                                                                                 the bill and secs. 24 and 32 of the Code) ..................................                       96
                                                                                             7. Automatic extension of filing deadlines in case of certain tax-
                                                                                                 payers affected by Federally declared disasters (sec. 305 of
                                                                                                 the bill and sec. 7508A of the Code ...........................................                    97
                                                                                             8. Modification of the tax rate for the excise tax on investment
                                                                                                 income of private foundations (sec. 306 of the bill and sec.
                                                                                                 4940 of the Code) ........................................................................        100
                                                                                             9. Additional low-income housing tax credit allocations for quali-
                                                                                                 fied 2017 and 2018 California disaster areas (sec. 307 of
                                                                                                 the bill and sec. 42 of the Code) ................................................                101
                                                                                             10. Treatment of certain possessions (sec. 308 of the bill) .............                             103
                                                                                III. VOTES OF THE COMMITTEE ......................................................................                 104
                                                                                         A. Committee Estimate of Budgetary Effects ........................................                       114
                                                                                         B. Statement Regarding New Budget Authority and Tax Expendi-
                                                                                           tures Budget Authority .........................................................................        121
                                                                                         C. Cost Estimate Prepared by the Congressional Budget Office ..........                                   121




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                                                                                                                                                                                                        Page
                                                                                 V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE
                                                                                     HOUSE ..........................................................................................................   127
                                                                                       A. Committee Oversight Findings and Recommendations ....................                                         127
                                                                                       B. Statement of General Performance Goals and Objectives ................                                        127
                                                                                       C. Information Relating to Unfunded Mandates ...................................                                 127
                                                                                       D. Applicability of House Rule XXI, Clause 5(b) ...................................                              127
                                                                                       E. Tax Complexity Analysis .....................................................................                 128
                                                                                       F. Congressional Earmarks, Limited Tax Benefits, and Limited Tar-
                                                                                         iff Benefits ..............................................................................................    128
                                                                                       G. Duplication of Federal Programs .......................................................                       128
                                                                                       H. Hearings ...............................................................................................      128
                                                                                VI. CHANGES IN EXISTING LAW MADE BY THE BILL ...............................                                            128
                                                                                       A. Changes in Existing Law Proposed by the Bill .................................                                128




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                                                                                116TH CONGRESS                                                                               REPORT
                                                                                               " HOUSE OF REPRESENTATIVES                                             !
                                                                                   2nd Session                                                                               116–379




                                                                                     TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT
                                                                                                         OF 2019


                                                                                 JANUARY 21, 2020.—Committed to the Committee of the Whole House on the State
                                                                                                    of the Union and ordered to be printed



                                                                                             Mr. NEAL, from the Committee on Ways and Means,
                                                                                                          submitted the following


                                                                                                                              R E P O R T
                                                                                                                                together with

                                                                                                                         DISSENTING VIEWS

                                                                                                                          [To accompany H.R. 3301]

                                                                                                  [Including cost estimate of the Congressional Budget Office]

                                                                                  The Committee on Ways and Means, to whom was referred the
                                                                                bill (H.R. 3301) to amend the Internal Revenue Code of 1986 to ex-
                                                                                tend certain expiring provisions, to provide disaster relief, and for
                                                                                other purposes, having considered the same, report favorably there-
                                                                                on with an amendment and recommend that the bill as amended
                                                                                do pass.
                                                                                  The amendment is as follows:
                                                                                  Strike all after the enacting clause and insert the following:
                                                                                SECTION 1. SHORT TITLE; ETC.
                                                                                  (a) SHORT TITLE.—This Act may be cited as the ‘‘Taxpayer Certainty and Disaster
                                                                                Tax Relief Act of 2019’’.
                                                                                  (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
                                                                                Sec. 1. Short title; etc.

                                                                                                            TITLE I—EXTENSION OF CERTAIN EXPIRING PROVISIONS

                                                                                                            Subtitle A—Tax Relief and Support for Families and Individuals
                                                                                Sec. 101. Exclusion from gross income of discharge of qualified principal residence indebtedness.
                                                                                Sec. 102. Treatment of mortgage insurance premiums as qualified residence interest.
                                                                                Sec. 103. Reduction in medical expense deduction floor.
                                                                                Sec. 104. Deduction of qualified tuition and related expenses.
                                                                                Sec. 105. Black lung disability trust fund excise tax.

                                                                                            Subtitle B—Incentives for Employment, Economic Growth, and Community Development




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                                                                                Sec. 111. Indian employment credit.
                                                                                Sec. 112. Railroad track maintenance credit.




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                                                                                Sec. 113. Mine rescue team training credit.
                                                                                Sec. 114. 7-year recovery period for motorsports entertainment complexes.
                                                                                Sec. 115. Accelerated depreciation for business property on Indian reservations.
                                                                                Sec. 116. Expensing rules for certain productions.
                                                                                Sec. 117. Empowerment zone tax incentives.
                                                                                Sec. 118. American Samoa economic development credit.

                                                                                               Subtitle C—Incentives for Energy Production, Efficiency, and Green Economy Jobs
                                                                                Sec. 121. Biodiesel and renewable diesel.
                                                                                Sec. 122. Second generation biofuel producer credit.
                                                                                Sec. 123. Nonbusiness energy property.
                                                                                Sec. 124. Qualified fuel cell motor vehicles.
                                                                                Sec. 125. Alternative fuel refueling property credit.
                                                                                Sec. 126. 2-wheeled plug-in electric vehicle credit.
                                                                                Sec. 127. Credit for electricity produced from certain renewable resources.
                                                                                Sec. 128. Production credit for Indian coal facilities.
                                                                                Sec. 129. Energy efficient homes credit.
                                                                                Sec. 130. Special allowance for second generation biofuel plant property.
                                                                                Sec. 131. Energy efficient commercial buildings deduction.
                                                                                Sec. 132. Special rule for sales or dispositions to implement FERC or State electric restructuring policy for
                                                                                          qualified electric utilities.
                                                                                Sec. 133. Extension and clarification of excise tax credits relating to alternative fuels.
                                                                                Sec. 134. Oil spill liability trust fund rate.

                                                                                                           Subtitle D—Certain Provisions Expiring at the End of 2019
                                                                                Sec. 141. New markets tax credit.
                                                                                Sec. 142. Employer credit for paid family and medical leave.
                                                                                Sec. 143. Work opportunity credit.
                                                                                Sec. 144. Certain provisions related to beer, wine, and distilled spirits.
                                                                                Sec. 145. Look-thru rule for related controlled foreign corporations.
                                                                                Sec. 146. Credit for health insurance costs of eligible individuals.

                                                                                                                       TITLE II—ESTATE AND GIFT TAX
                                                                                Sec. 201. Reduction of unified credit against estate tax.

                                                                                                                       TITLE III—DISASTER TAX RELIEF
                                                                                Sec. 301. Definitions.
                                                                                Sec. 302. Special disaster-related rules for use of retirement funds.
                                                                                Sec. 303. Employee retention credit for employers affected by qualified disasters.
                                                                                Sec. 304. Other disaster-related tax relief provisions.
                                                                                Sec. 305. Automatic extension of filing deadlines in case of certain taxpayers affected by Federally declared dis-
                                                                                          asters.
                                                                                Sec. 306. Modification of the tax rate for the excise tax on investment income of private foundations.
                                                                                Sec. 307. Additional low-income housing credit allocations for qualified 2017 and 2018 California disaster areas.
                                                                                Sec. 308. Treatment of certain possessions.

                                                                                  (c) AMENDMENT OF 1986 CODE.—Except as otherwise expressly provided, when-
                                                                                ever in this Act an amendment or repeal is expressed in terms of an amendment
                                                                                to, or repeal of, a section or other provision, the reference shall be considered to be
                                                                                made to a section or other provision of the Internal Revenue Code of 1986.

                                                                                     TITLE I—EXTENSION OF CERTAIN EXPIRING
                                                                                                  PROVISIONS
                                                                                     Subtitle A—Tax Relief and Support for Families
                                                                                                    and Individuals
                                                                                SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESI-
                                                                                           DENCE INDEBTEDNESS.
                                                                                  (a) IN GENERAL.—Section 108(a)(1)(E) is amended by striking ‘‘January 1, 2018’’
                                                                                each place it appears and inserting ‘‘January 1, 2021’’.
                                                                                  (b) CONFORMING AMENDMENT.—Section 108(h)(2) is amended by inserting ‘‘and
                                                                                determined without regard to the substitution described in section
                                                                                163(h)(3)(F)(i)(II)’’ after ‘‘clause (ii) thereof’’.
                                                                                  (c) EFFECTIVE DATE.—The amendments made by this section shall apply to dis-
                                                                                charges of indebtedness after December 31, 2017.
                                                                                SEC. 102. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED RESIDENCE IN-
                                                                                           TEREST.
                                                                                  (a) IN GENERAL.—Section 163(h)(3)(E)(iv)(I) is amended by striking ‘‘December 31,
                                                                                2017’’ and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to




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                                                                                amounts paid or incurred after December 31, 2017.
                                                                                SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
                                                                                     (a) IN GENERAL.—Section 213(f) is amended to read as follows:




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                                                                                  ‘‘(f) TEMPORARY SPECIAL RULE.—In the case of taxable years beginning before Jan-
                                                                                uary 1, 2021, subsection (a) shall be applied with respect to a taxpayer by sub-
                                                                                stituting ‘7.5 percent’ for ‘10 percent’.’’.
                                                                                  (b) ALTERNATIVE MINIMUM TAX.—Section 56(b)(1) is amended by striking subpara-
                                                                                graph (B) and by redesignating subparagraphs (C), (D), (E), and (F), as subpara-
                                                                                graphs (B), (C), (D), and (E), respectively.
                                                                                  (c) EFFECTIVE DATE.—The amendments made by this section shall apply to tax-
                                                                                able years ending after December 31, 2018.
                                                                                SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RELATED EXPENSES.
                                                                                  (a) IN GENERAL.—Section 222(e) is amended by striking ‘‘December 31, 2017’’ and
                                                                                inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable
                                                                                years beginning after December 31, 2017.
                                                                                SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
                                                                                  (a) IN GENERAL.—Section 4121(e)(2)(A) is amended by striking ‘‘December 31,
                                                                                2018’’ and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply on and
                                                                                after the first day of the first calendar month beginning after the date of the enact-
                                                                                ment of this Act.

                                                                                 Subtitle B—Incentives for Employment, Economic
                                                                                       Growth, and Community Development
                                                                                SEC. 111. INDIAN EMPLOYMENT CREDIT.
                                                                                  (a) IN GENERAL.—Section 45A(f) is amended by striking ‘‘December 31, 2017’’ and
                                                                                inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable
                                                                                years beginning after December 31, 2017.
                                                                                SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT.
                                                                                  (a) IN GENERAL.—Section 45G(f) is amended by striking ‘‘January 1, 2018’’ and
                                                                                inserting ‘‘January 1, 2021’’.
                                                                                  (b) SAFE HARBOR ASSIGNMENTS.—Any assignment, including related expenditures
                                                                                paid or incurred, under section 45G(b)(2) of the Internal Revenue Code of 1986 for
                                                                                a taxable year beginning on or after January 1, 2018, and before January 1, 2019,
                                                                                shall be treated as effective as of the close of such taxable year if made pursuant
                                                                                to a written agreement entered into no later than 90 days following the date of the
                                                                                enactment of this Act.
                                                                                  (c) EFFECTIVE DATE.—The amendment made by this section shall apply to expend-
                                                                                itures paid or incurred during taxable years beginning after December 31, 2017.
                                                                                SEC. 113. MINE RESCUE TEAM TRAINING CREDIT.
                                                                                  (a) IN GENERAL.—Section 45N(e) is amended by striking ‘‘December 31, 2017’’ and
                                                                                inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable
                                                                                years beginning after December 31, 2017.
                                                                                SEC. 114. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES.
                                                                                  (a) IN GENERAL.—Section 168(i)(15)(D) is amended by striking ‘‘December 31,
                                                                                2017’’ and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to prop-
                                                                                erty placed in service after December 31, 2017.
                                                                                SEC. 115. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN RESERVA-
                                                                                          TIONS.
                                                                                  (a) IN GENERAL.—Section 168(j)(9) is amended by striking ‘‘December 31, 2017’’
                                                                                and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to prop-
                                                                                erty placed in service after December 31, 2017.
                                                                                SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.




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                                                                                   (a) IN GENERAL.—Section 181(g) is amended by striking ‘‘December 31, 2017’’ and
                                                                                inserting ‘‘December 31, 2020’’.
                                                                                   (b) EFFECTIVE DATE.—The amendment made by this section shall apply to produc-
                                                                                tions commencing after December 31, 2017.




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                                                                                SEC. 117. EMPOWERMENT ZONE TAX INCENTIVES.
                                                                                   (a) IN GENERAL.—Section 1391(d)(1)(A)(i) is amended by striking ‘‘December 31,
                                                                                2017’’ and inserting ‘‘December 31, 2020’’.
                                                                                   (b) TREATMENT OF CERTAIN TERMINATION DATES SPECIFIED IN NOMINATIONS.—In
                                                                                the case of a designation of an empowerment zone the nomination for which in-
                                                                                cluded a termination date which is contemporaneous with the date specified in sub-
                                                                                paragraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in
                                                                                effect before the enactment of this Act), subparagraph (B) of such section shall not
                                                                                apply with respect to such designation if, after the date of the enactment of this
                                                                                section, the entity which made such nomination amends the nomination to provide
                                                                                for a new termination date in such manner as the Secretary of the Treasury (or the
                                                                                Secretary’s designee) may provide.
                                                                                   (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to tax-
                                                                                able years beginning after December 31, 2017.
                                                                                SEC. 118. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
                                                                                   (a) IN GENERAL.—Section 119(d) of division A of the Tax Relief and Health Care
                                                                                Act of 2006 is amended—
                                                                                         (1) by striking ‘‘January 1, 2018’’ each place it appears and inserting ‘‘January
                                                                                      1, 2021’’,
                                                                                         (2) by striking ‘‘first 12 taxable years’’ in paragraph (1) and inserting ‘‘first
                                                                                      15 taxable years’’,
                                                                                         (3) by striking ‘‘first 6 taxable years’’ in paragraph (2) and inserting ‘‘first 9
                                                                                      taxable years’’, and
                                                                                         (4) by adding at the end the following flush sentence:
                                                                                ‘‘In the case of a corporation described in subsection (a)(2), the Internal Revenue
                                                                                Code of 1986 shall be applied and administered without regard to the amendments
                                                                                made by section 401(d)(1) of the Tax Technical Corrections Act of 2018.’’.
                                                                                   (b) CONFORMING AMENDMENT.—Section 119(e) of division A of the Tax Relief and
                                                                                Health Care Act of 2006 is amended by inserting ‘‘(as in effect before its repeal)’’
                                                                                after ‘‘section 199 of the Internal Revenue Code of 1986’’.
                                                                                   (c) EFFECTIVE DATE.—The amendments made by this section shall apply to tax-
                                                                                able years beginning after December 31, 2017.

                                                                                      Subtitle C—Incentives for Energy Production,
                                                                                          Efficiency, and Green Economy Jobs
                                                                                SEC. 121. BIODIESEL AND RENEWABLE DIESEL.
                                                                                     (a) INCOME TAX CREDIT.—
                                                                                          (1) IN GENERAL.—Section 40A(g) is amended by striking ‘‘December 31, 2017’’
                                                                                       and inserting ‘‘December 31, 2020’’.
                                                                                          (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to
                                                                                       fuel sold or used after December 31, 2017.
                                                                                     (b) EXCISE TAX INCENTIVES.—
                                                                                          (1) TERMINATION.—
                                                                                               (A) IN GENERAL.—Section 6426(c)(6) is amended by striking ‘‘December
                                                                                            31, 2017’’ and inserting ‘‘December 31, 2020’’.
                                                                                               (B) PAYMENTS.—Section 6427(e)(6)(B) is amended by striking ‘‘December
                                                                                            31, 2017’’ and inserting ‘‘December 31, 2020’’.
                                                                                          (2) EFFECTIVE DATE.—The amendments made by this subsection shall apply
                                                                                       to fuel sold or used after December 31, 2017.
                                                                                          (3) SPECIAL RULE.—Notwithstanding any other provision of law, in the case
                                                                                       of any biodiesel mixture credit properly determined under section 6426(c) of the
                                                                                       Internal Revenue Code of 1986 for the period beginning on January 1, 2018,
                                                                                       and ending with the close of the last calendar quarter beginning before the date
                                                                                       of the enactment of this Act, such credit shall be allowed, and any refund or
                                                                                       payment attributable to such credit (including any payment under section
                                                                                       6427(e) of such Code) shall be made, only in such manner as the Secretary of
                                                                                       the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall
                                                                                       issue guidance within 30 days after the date of the enactment of this Act pro-
                                                                                       viding for a one-time submission of claims covering periods described in the pre-
                                                                                       ceding sentence. Such guidance shall provide for a 180-day period for the sub-
                                                                                       mission of such claims (in such manner as prescribed by such Secretary) to




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                                                                                       begin not later than 30 days after such guidance is issued. Such claims shall
                                                                                       be paid by such Secretary not later than 60 days after receipt. If such Secretary
                                                                                       has not paid pursuant to a claim filed under this subsection within 60 days
                                                                                       after the date of the filing of such claim, the claim shall be paid with interest




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                                                                                                                                    5
                                                                                      from such date determined by using the overpayment rate and method under
                                                                                      section 6621 of such Code.
                                                                                SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
                                                                                   (a) IN GENERAL.—Section 40(b)(6)(J)(i) is amended by striking ‘‘January 1, 2018’’
                                                                                and inserting ‘‘January 1, 2021’’.
                                                                                   (b) EFFECTIVE DATE.—The amendment made by this section shall apply to quali-
                                                                                fied second generation biofuel production after December 31, 2017.
                                                                                SEC. 123. NONBUSINESS ENERGY PROPERTY.
                                                                                  (a) IN GENERAL.—Section 25C(g)(2) is amended by striking ‘‘December 31, 2017’’
                                                                                and inserting ‘‘December 31, 2020’’.
                                                                                  (b) TECHNICAL AMENDMENT.—Section 25C(d)(3) is amended—
                                                                                       (1) by striking ‘‘an energy factor of at least 2.0’’ in subparagraph (A) and in-
                                                                                     serting ‘‘a Uniform Energy Factor of at least 2.2’’, and
                                                                                       (2) by striking ‘‘an energy factor’’ in subparagraph (D) and inserting ‘‘a Uni-
                                                                                     form Energy Factor’’.
                                                                                  (c) EFFECTIVE DATE.—The amendments made by this section shall apply to prop-
                                                                                erty placed in service after December 31, 2017.
                                                                                SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES.
                                                                                  (a) IN GENERAL.—Section 30B(k)(1) is amended by striking ‘‘December 31, 2017’’
                                                                                and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to prop-
                                                                                erty purchased after December 31, 2017.
                                                                                SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
                                                                                  (a) IN GENERAL.—Section 30C(g) is amended by striking ‘‘December 31, 2017’’ and
                                                                                inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to prop-
                                                                                erty placed in service after December 31, 2017.
                                                                                SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
                                                                                  (a) IN GENERAL.—Section 30D(g)(3)(E)(ii) is amended by striking ‘‘January 1,
                                                                                2018’’ and inserting ‘‘January 1, 2021’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to vehi-
                                                                                cles acquired after December 31, 2017.
                                                                                SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES.
                                                                                  (a) IN GENERAL.—The following provisions of section 45(d) are each amended by
                                                                                striking ‘‘January 1, 2018’’ each place it appears and inserting ‘‘January 1, 2021’’:
                                                                                       (1) Paragraph (2)(A).
                                                                                       (2) Paragraph (3)(A).
                                                                                       (3) Paragraph (4)(B).
                                                                                       (4) Paragraph (6).
                                                                                       (5) Paragraph (7).
                                                                                       (6) Paragraph (9).
                                                                                       (7) Paragraph (11)(B).
                                                                                  (b) EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES AS ENERGY PROP-
                                                                                ERTY.—Section 48(a)(5)(C)(ii) is amended by striking ‘‘January 1, 2018 (January 1,
                                                                                2020, in the case of any facility which is described in paragraph (1) of section 45(d))’’
                                                                                and inserting ‘‘January 1, 2021’’.
                                                                                  (c) APPLICATION OF EXTENSION TO WIND FACILITIES.—
                                                                                       (1) IN GENERAL.—Section 45(d)(1) is amended by striking ‘‘January 1, 2020’’
                                                                                     and inserting ‘‘January 1, 2021’’.
                                                                                       (2) APPLICATION OF PHASEOUT PERCENTAGE.—Sections 45(b)(5)(C) and
                                                                                     48(a)(5)(E)(iii) are each amended by striking ‘‘and before January 1, 2020,’’.
                                                                                  (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on
                                                                                January 1, 2018.
                                                                                SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
                                                                                  (a) IN GENERAL.—Section 45(e)(10)(A) is amended by striking ‘‘12-year period’’
                                                                                each place it appears and inserting ‘‘15-year period’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to coal
                                                                                produced after December 31, 2017.
                                                                                SEC. 129. ENERGY EFFICIENT HOMES CREDIT.




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                                                                                  (a) IN GENERAL.—Section 45L(g) is amended by striking ‘‘December 31, 2017’’ and
                                                                                inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to homes
                                                                                acquired after December 31, 2017.




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                                                                                SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT PROPERTY.
                                                                                  (a) IN GENERAL.—Section 168(l)(2)(D) is amended by striking ‘‘January 1, 2018’’
                                                                                and inserting ‘‘January 1, 2021’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to prop-
                                                                                erty placed in service after December 31, 2017.
                                                                                SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
                                                                                  (a) IN GENERAL.—Section 179D(h) is amended by striking ‘‘December 31, 2017’’
                                                                                and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATES.—The amendment made by subsection (a) shall apply to
                                                                                property placed in service after December 31, 2017.
                                                                                SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT FERC OR STATE ELEC-
                                                                                           TRIC RESTRUCTURING POLICY FOR QUALIFIED ELECTRIC UTILITIES.
                                                                                   (a) IN GENERAL.—Section 451(k)(3) is amended by striking ‘‘January 1, 2018’’ and
                                                                                inserting ‘‘January 1, 2021’’.
                                                                                   (b) EFFECTIVE DATE.—The amendment made by this section shall apply to disposi-
                                                                                tions after December 31, 2017.
                                                                                SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS RELATING TO ALTER-
                                                                                           NATIVE FUELS.
                                                                                     (a) EXTENSION.—
                                                                                          (1) IN GENERAL.—Sections 6426(d)(5) and 6426(e)(3) are each amended by
                                                                                       striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
                                                                                          (2) OUTLAY PAYMENTS FOR ALTERNATIVE FUELS.—Section 6427(e)(6)(C) is
                                                                                       amended by striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2020’’.
                                                                                          (3) SPECIAL RULE.—Notwithstanding any other provision of law, in the case
                                                                                       of any alternative fuel credit properly determined under section 6426(d) of the
                                                                                       Internal Revenue Code of 1986 for the period beginning on January 1, 2018,
                                                                                       and ending with the close of the last calendar quarter beginning before the date
                                                                                       of the enactment of this Act, such credit shall be allowed, and any refund or
                                                                                       payment attributable to such credit (including any payment under section
                                                                                       6427(e) of such Code) shall be made, only in such manner as the Secretary of
                                                                                       the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall
                                                                                       issue guidance within 30 days after the date of the enactment of this Act pro-
                                                                                       viding for a one-time submission of claims covering periods described in the pre-
                                                                                       ceding sentence. Such guidance shall provide for a 180-day period for the sub-
                                                                                       mission of such claims (in such manner as prescribed by such Secretary) to
                                                                                       begin not later than 30 days after such guidance is issued. Such claims shall
                                                                                       be paid by such Secretary not later than 60 days after receipt. If such Secretary
                                                                                       has not paid pursuant to a claim filed under this subsection within 60 days
                                                                                       after the date of the filing of such claim, the claim shall be paid with interest
                                                                                       from such date determined by using the overpayment rate and method under
                                                                                       section 6621 of such Code.
                                                                                          (4) EFFECTIVE DATE.—The amendments made by this subsection shall apply
                                                                                       to fuel sold or used after December 31, 2017.
                                                                                     (b) CLARIFICATION OF RULES REGARDING ALTERNATIVE FUEL MIXTURE CREDIT.—
                                                                                          (1) IN GENERAL.—Paragraph (2) of section 6426(e) is amended by striking
                                                                                       ‘‘mixture of alternative fuel’’ and inserting ‘‘mixture of alternative fuel (other
                                                                                       than a fuel described in subparagraph (A), (C), or (F) of subsection (d)(2))’’.
                                                                                          (2) EFFECTIVE DATE.—The amendment made by this section shall apply to—
                                                                                               (A) fuel sold or used on or after the date of the enactment of this Act,
                                                                                            and
                                                                                               (B) fuel sold or used before such date of enactment, but only to the extent
                                                                                            that credits and claims of credit under section 6426(e) of the Internal Rev-
                                                                                            enue Code of 1986 with respect to such sale or use have not been paid or
                                                                                            allowed as of such date.
                                                                                SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE.
                                                                                  (a) IN GENERAL.—Section 4611(f)(2) is amended by striking ‘‘December 31, 2018’’
                                                                                and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply on and
                                                                                after the first day of the first calendar month beginning after the date of the enact-
                                                                                ment of this Act.




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                                                                                     Subtitle D—Certain Provisions Expiring at the
                                                                                                     End of 2019
                                                                                SEC. 141. NEW MARKETS TAX CREDIT.
                                                                                   (a) IN GENERAL.—Section 45D(f)(1) is amended by striking ‘‘and’’ at the end of
                                                                                subparagraph (F), by striking the period at the end of subparagraph (G) and insert-
                                                                                ing ‘‘, and’’, and by adding at the end the following new subparagraph:
                                                                                             ‘‘(H) $5,000,000,000 for 2020.’’.
                                                                                   (b) CARRYOVER OF UNUSED LIMITATION.—Section 45D(f)(3) is amended by striking
                                                                                ‘‘2024’’ and inserting ‘‘2025’’.
                                                                                   (c) EFFECTIVE DATE.—The amendments made by this section shall apply to cal-
                                                                                endar years beginning after December 31, 2019.
                                                                                SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
                                                                                  (a) IN GENERAL.—Section 45S(i) is amended by striking ‘‘December 31, 2019’’ and
                                                                                inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to wages
                                                                                paid in taxable years beginning after December 31, 2019.
                                                                                SEC. 143. WORK OPPORTUNITY CREDIT.
                                                                                  (a) IN GENERAL.—Section 51(c)(4) is amended by striking ‘‘December 31, 2019’’
                                                                                and inserting ‘‘December 31, 2020’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to individ-
                                                                                uals who begin work for the employer after December 31, 2019.
                                                                                SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED SPIRITS.
                                                                                  (a) EXEMPTION FOR AGING PROCESS OF BEER, WINE, AND DISTILLED SPIRITS.—
                                                                                       (1) IN GENERAL.—Section 263A(f)(4)(B) is amended by striking ‘‘December 31,
                                                                                     2019’’ and inserting ‘‘December 31, 2020’’.
                                                                                       (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to
                                                                                     interest costs paid or accrued after December 31, 2019.
                                                                                  (b) REDUCED RATE OF EXCISE TAX ON BEER.—
                                                                                       (1) IN GENERAL.—Paragraphs (1)(C) and (2)(A) of section 5051(a) are each
                                                                                     amended by striking ‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
                                                                                       (2) EFFECTIVE DATE.—The amendments made by this subsection shall apply
                                                                                     to beer removed after December 31, 2019.
                                                                                  (c) TRANSFER OF BEER BETWEEN BONDED FACILITIES.—
                                                                                       (1) IN GENERAL.—Section 5414(b)(3) is amended by striking ‘‘December 31,
                                                                                     2019’’ and inserting ‘‘December 31, 2020’’.
                                                                                       (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to
                                                                                     calendar quarters beginning after December 31, 2019.
                                                                                  (d) REDUCED RATE OF EXCISE TAX ON CERTAIN WINE.—
                                                                                       (1) IN GENERAL.—Section 5041(c)(8)(A) is amended by striking ‘‘January 1,
                                                                                     2020’’ and inserting ‘‘January 1, 2021’’.
                                                                                       (2) CONFORMING AMENDMENT.—The heading of section 5041(c)(8) is amended
                                                                                     by striking ‘‘SPECIAL RULE FOR 2018 AND 2019’’ and inserting ‘‘TEMPORARY SPE-
                                                                                     CIAL RULE’’.
                                                                                       (3) EFFECTIVE DATE.—The amendments made by this subsection shall apply
                                                                                     to wine removed after December 31, 2019.
                                                                                  (e) ADJUSTMENT OF ALCOHOL CONTENT LEVEL FOR APPLICATION OF EXCISE
                                                                                TAXES.—
                                                                                       (1) IN GENERAL.—Paragraphs (1) and (2) of section 5041(b) are each amended
                                                                                     by striking ‘‘January 1, 2020’’ and inserting ‘‘January 1, 2021’’.
                                                                                       (2) EFFECTIVE DATE.—The amendments made by this subsection shall apply
                                                                                     to wine removed after December 31, 2019.
                                                                                  (f) DEFINITION OF MEAD AND LOW ALCOHOL BY VOLUME WINE.—
                                                                                       (1) IN GENERAL.—Section 5041(h)(3) is amended by striking ‘‘December 31,
                                                                                     2019’’ and inserting ‘‘December 31, 2020’’.
                                                                                       (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to
                                                                                     wine removed after December 31, 2019.
                                                                                  (g) REDUCED RATE OF EXCISE TAX ON CERTAIN DISTILLED SPIRITS.—
                                                                                       (1) IN GENERAL.—Section 5001(c)(4) is amended by striking ‘‘December 31,
                                                                                     2019’’ and inserting ‘‘December 31, 2020’’.
                                                                                       (2) CONFORMING AMENDMENT.—The heading of section 5001(c) is amended by




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                                                                                     striking ‘‘REDUCED RATE FOR 2018 AND 2019’’ and inserting ‘‘TEMPORARY RE-
                                                                                     DUCED RATE’’.
                                                                                       (3) EFFECTIVE DATE.—The amendments made by this subsection shall apply
                                                                                     to distilled spirits removed after December 31, 2019.




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                                                                                     (h) BULK DISTILLED SPIRITS.—
                                                                                          (1) IN GENERAL.—Section 5212 is amended by striking ‘‘January 1, 2020’’ and
                                                                                        inserting ‘‘January 1, 2021’’.
                                                                                          (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to
                                                                                        distilled spirits transferred in bond after December 31, 2019.
                                                                                     (i) SIMPLIFICATION OF RULES REGARDING RECORDS, STATEMENTS, AND RETURNS.—
                                                                                          (1) IN GENERAL.—Section 5555(a) is amended by striking ‘‘January 1, 2020’’
                                                                                        and inserting ‘‘January 1, 2021’’.
                                                                                          (2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to
                                                                                        calendar quarters beginning after December 31, 2019.
                                                                                SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN CORPORATIONS.
                                                                                  (a) IN GENERAL.—Section 954(c)(6)(C) is amended by striking ‘‘January 1, 2020’’
                                                                                and inserting ‘‘January 1, 2021’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable
                                                                                years of foreign corporations beginning after December 31, 2019, and to taxable
                                                                                years of United States shareholders with or within which such taxable years of for-
                                                                                eign corporations end.
                                                                                SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS.
                                                                                  (a) IN GENERAL.—Section 35(b)(1)(B) is amended by striking ‘‘January 1, 2020’’
                                                                                and inserting ‘‘January 1, 2021’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to months
                                                                                beginning after December 31, 2019.

                                                                                                   TITLE II—ESTATE AND GIFT TAX
                                                                                SEC. 201. REDUCTION OF UNIFIED CREDIT AGAINST ESTATE TAX.
                                                                                   (a) IN GENERAL.—Section 2010(c)(3)(C) is amended by striking ‘‘January 1, 2026’’
                                                                                and inserting ‘‘January 1, 2023’’.
                                                                                   (b) EFFECTIVE DATE.—The amendment made by this section shall apply to estates
                                                                                of decedents dying and gifts made after December 31, 2022.

                                                                                                   TITLE III—DISASTER TAX RELIEF
                                                                                SEC. 301. DEFINITIONS.
                                                                                     For purposes of this title—
                                                                                          (1) QUALIFIED DISASTER AREA.—
                                                                                               (A) IN GENERAL.—The term ‘‘qualified disaster area’’ means any area with
                                                                                            respect to which a major disaster was declared, during the period beginning
                                                                                            on January 1, 2018, and ending on the date which is 60 days after the date
                                                                                            of the enactment of this Act, by the President under section 401 of the Rob-
                                                                                            ert T. Stafford Disaster Relief and Emergency Assistance Act if the incident
                                                                                            period of the disaster with respect to which such declaration is made begins
                                                                                            on or before the date of the enactment of this Act.
                                                                                               (B) DENIAL OF DOUBLE BENEFIT.—Such term shall not include the Cali-
                                                                                            fornia wildfire disaster area (as defined in section 20101 of subdivision 2
                                                                                            of division B of the Bipartisan Budget Act of 2018).
                                                                                          (2) QUALIFIED DISASTER ZONE.—The term ‘‘qualified disaster zone’’ means that
                                                                                       portion of any qualified disaster area which was determined by the President,
                                                                                       during the period beginning on January 1, 2018, and ending on the date which
                                                                                       is 60 days after the date of the enactment of this Act, to warrant individual or
                                                                                       individual and public assistance from the Federal Government under the Robert
                                                                                       T. Stafford Disaster Relief and Emergency Assistance Act by reason of the
                                                                                       qualified disaster with respect to such disaster area.
                                                                                          (3) QUALIFIED DISASTER.—The term ‘‘qualified disaster’’ means, with respect
                                                                                       to any qualified disaster area, the disaster by reason of which a major disaster
                                                                                       was declared with respect to such area.
                                                                                          (4) INCIDENT PERIOD.—The term ‘‘incident period’’ means, with respect to any
                                                                                       qualified disaster, the period specified by the Federal Emergency Management
                                                                                       Agency as the period during which such disaster occurred (except that for pur-
                                                                                       poses of this title such period shall not be treated as beginning before January
                                                                                       1, 2018, or ending after the date which is 30 days after the date of the enact-




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                                                                                       ment of this Act).
                                                                                SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.
                                                                                     (a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.—




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                                                                                        (1) IN GENERAL.—Section 72(t) of the Internal Revenue Code of 1986 shall not
                                                                                      apply to any qualified disaster distribution.
                                                                                        (2) AGGREGATE DOLLAR LIMITATION.—
                                                                                             (A) IN GENERAL.—For purposes of this subsection, the aggregate amount
                                                                                          of distributions received by an individual which may be treated as qualified
                                                                                          disaster distributions for any taxable year shall not exceed the excess (if
                                                                                          any) of—
                                                                                                  (i) $100,000, over
                                                                                                  (ii) the aggregate amounts treated as qualified disaster distributions
                                                                                               received by such individual for all prior taxable years.
                                                                                             (B) TREATMENT OF PLAN DISTRIBUTIONS.—If a distribution to an indi-
                                                                                          vidual would (without regard to subparagraph (A)) be a qualified disaster
                                                                                          distribution, a plan shall not be treated as violating any requirement of the
                                                                                          Internal Revenue Code of 1986 merely because the plan treats such dis-
                                                                                          tribution as a qualified disaster distribution, unless the aggregate amount
                                                                                          of such distributions from all plans maintained by the employer (and any
                                                                                          member of any controlled group which includes the employer) to such indi-
                                                                                          vidual exceeds $100,000.
                                                                                             (C) CONTROLLED GROUP.—For purposes of subparagraph (B), the term
                                                                                          ‘‘controlled group’’ means any group treated as a single employer under sub-
                                                                                          section (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of
                                                                                          1986.
                                                                                             (D) SPECIAL RULE FOR INDIVIDUALS AFFECTED BY MORE THAN ONE DIS-
                                                                                          ASTER.—The limitation of subparagraph (A) shall be applied separately with
                                                                                          respect to distributions made with respect to each qualified disaster.
                                                                                        (3) AMOUNT DISTRIBUTED MAY BE REPAID.—
                                                                                             (A) IN GENERAL.—Any individual who receives a qualified disaster dis-
                                                                                          tribution may, at any time during the 3-year period beginning on the day
                                                                                          after the date on which such distribution was received, make 1 or more con-
                                                                                          tributions in an aggregate amount not to exceed the amount of such dis-
                                                                                          tribution to an eligible retirement plan of which such individual is a bene-
                                                                                          ficiary and to which a rollover contribution of such distribution could be
                                                                                          made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of
                                                                                          the Internal Revenue Code of 1986, as the case may be.
                                                                                             (B) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS FROM ELIGIBLE RETIRE-
                                                                                          MENT PLANS OTHER THAN IRAS.—For purposes of the Internal Revenue Code
                                                                                          of 1986, if a contribution is made pursuant to subparagraph (A) with re-
                                                                                          spect to a qualified disaster distribution from an eligible retirement plan
                                                                                          other than an individual retirement plan, then the taxpayer shall, to the
                                                                                          extent of the amount of the contribution, be treated as having received the
                                                                                          qualified disaster distribution in an eligible rollover distribution (as defined
                                                                                          in section 402(c)(4) of such Code) and as having transferred the amount to
                                                                                          the eligible retirement plan in a direct trustee to trustee transfer within 60
                                                                                          days of the distribution.
                                                                                             (C) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS FROM IRAS.—For pur-
                                                                                          poses of the Internal Revenue Code of 1986, if a contribution is made pur-
                                                                                          suant to subparagraph (A) with respect to a qualified disaster distribution
                                                                                          from an individual retirement plan (as defined by section 7701(a)(37) of
                                                                                          such Code), then, to the extent of the amount of the contribution, the quali-
                                                                                          fied disaster distribution shall be treated as a distribution described in sec-
                                                                                          tion 408(d)(3) of such Code and as having been transferred to the eligible
                                                                                          retirement plan in a direct trustee to trustee transfer within 60 days of the
                                                                                          distribution.
                                                                                        (4) DEFINITIONS.—For purposes of this subsection—
                                                                                             (A) QUALIFIED DISASTER DISTRIBUTION.—Except as provided in paragraph
                                                                                          (2), the term ‘‘qualified disaster distribution’’ means any distribution from
                                                                                          an eligible retirement plan made—
                                                                                                  (i) on or after the first day of the incident period of a qualified dis-
                                                                                               aster and before the date which is 180 days after the date of the enact-
                                                                                               ment of this Act, and
                                                                                                  (ii) to an individual whose principal place of abode at any time dur-
                                                                                               ing the incident period of such qualified disaster is located in the quali-
                                                                                               fied disaster area with respect to such qualified disaster and who has
                                                                                               sustained an economic loss by reason of such qualified disaster.




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                                                                                             (B) ELIGIBLE RETIREMENT PLAN.—The term ‘‘eligible retirement plan’’
                                                                                          shall have the meaning given such term by section 402(c)(8)(B) of the Inter-
                                                                                          nal Revenue Code of 1986.
                                                                                        (5) INCOME INCLUSION SPREAD OVER 3-YEAR PERIOD.—




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                                                                                                                                     10
                                                                                                (A) IN GENERAL.—In the case of any qualified disaster distribution, unless
                                                                                             the taxpayer elects not to have this paragraph apply for any taxable year,
                                                                                             any amount required to be included in gross income for such taxable year
                                                                                             shall be so included ratably over the 3-taxable-year period beginning with
                                                                                             such taxable year.
                                                                                                (B) SPECIAL RULE.—For purposes of subparagraph (A), rules similar to
                                                                                             the rules of subparagraph (E) of section 408A(d)(3) of the Internal Revenue
                                                                                             Code of 1986 shall apply.
                                                                                           (6) SPECIAL RULES.—
                                                                                                (A) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO TRUSTEE TRANSFER
                                                                                             AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and
                                                                                             3405 of the Internal Revenue Code of 1986, qualified disaster distributions
                                                                                             shall not be treated as eligible rollover distributions.
                                                                                                (B) QUALIFIED DISASTER DISTRIBUTIONS TREATED AS MEETING PLAN DIS-
                                                                                             TRIBUTION REQUIREMENTS.—For purposes the Internal Revenue Code of
                                                                                             1986, a qualified disaster distribution shall be treated as meeting the re-
                                                                                             quirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
                                                                                             457(d)(1)(A) of such Code.
                                                                                     (b) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES.—
                                                                                           (1) RECONTRIBUTIONS.—
                                                                                                (A) IN GENERAL.—Any individual who received a qualified distribution
                                                                                             may, during the applicable period, make 1 or more contributions in an ag-
                                                                                             gregate amount not to exceed the amount of such qualified distribution to
                                                                                             an eligible retirement plan (as defined in section 402(c)(8)(B) of the Internal
                                                                                             Revenue Code of 1986) of which such individual is a beneficiary and to
                                                                                             which a rollover contribution of such distribution could be made under sec-
                                                                                             tion 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), of such Code, as the case may
                                                                                             be.
                                                                                                (B) TREATMENT OF REPAYMENTS.—Rules similar to the rules of subpara-
                                                                                             graphs (B) and (C) of subsection (a)(3) shall apply for purposes of this sub-
                                                                                             section.
                                                                                           (2) QUALIFIED DISTRIBUTION.—For purposes of this subsection, the term
                                                                                        ‘‘qualified distribution’’ means any distribution—
                                                                                                (A) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the
                                                                                             extent such distribution relates to financial hardship), 403(b)(11)(B), or
                                                                                             72(t)(2)(F), of the Internal Revenue Code of 1986,
                                                                                                (B) which was to be used to purchase or construct a principal residence
                                                                                             in a qualified disaster area, but which was not so used on account of the
                                                                                             qualified disaster with respect to such area, and
                                                                                                (C) which was received during the period beginning on the date which is
                                                                                             180 days before the first day of the incident period of such qualified dis-
                                                                                             aster and ending on the date which is 30 days after the last day of such
                                                                                             incident period.
                                                                                           (3) APPLICABLE PERIOD.—For purposes of this subsection, the term ‘‘applicable
                                                                                        period’’ means, in the case of a principal residence in a qualified disaster area
                                                                                        with respect to any qualified disaster, the period beginning on the first day of
                                                                                        the incident period of such qualified disaster and ending on the date which is
                                                                                        180 days after the date of the enactment of this Act.
                                                                                     (c) LOANS FROM QUALIFIED PLANS.—
                                                                                           (1) INCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBUTIONS.—In the case
                                                                                        of any loan from a qualified employer plan (as defined under section 72(p)(4)
                                                                                        of the Internal Revenue Code of 1986) to a qualified individual made during the
                                                                                        180-day period beginning on the date of the enactment of this Act—
                                                                                                (A) clause (i) of section 72(p)(2)(A) of such Code shall be applied by sub-
                                                                                             stituting ‘‘$100,000’’ for ‘‘$50,000’’, and
                                                                                                (B) clause (ii) of such section shall be applied by substituting ‘‘the present
                                                                                             value of the nonforfeitable accrued benefit of the employee under the plan’’
                                                                                             for ‘‘one-half of the present value of the nonforfeitable accrued benefit of the
                                                                                             employee under the plan’’.
                                                                                           (2) DELAY OF REPAYMENT.—In the case of a qualified individual (with respect
                                                                                        to any qualified disaster) with an outstanding loan (on or after the first day of
                                                                                        the incident period of such qualified disaster) from a qualified employer plan
                                                                                        (as defined in section 72(p)(4) of the Internal Revenue Code of 1986)—
                                                                                                (A) if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2)
                                                                                             of such Code for any repayment with respect to such loan occurs during the




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                                                                                             period beginning on the first day of the incident period of such qualified dis-
                                                                                             aster and ending on the date which is 180 days after the last day of such
                                                                                             incident period, such due date shall be delayed for 1 year (or, if later, until
                                                                                             the date which is 180 days after the date of the enactment of this Act),




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                                                                                                                                     11
                                                                                               (B) any subsequent repayments with respect to any such loan shall be ap-
                                                                                            propriately adjusted to reflect the delay in the due date under subpara-
                                                                                            graph (A) and any interest accruing during such delay, and
                                                                                               (C) in determining the 5-year period and the term of a loan under sub-
                                                                                            paragraph (B) or (C) of section 72(p)(2) of such Code, the period described
                                                                                            in subparagraph (A) of this paragraph shall be disregarded.
                                                                                          (3) QUALIFIED INDIVIDUAL.—For purposes of this subsection, the term ‘‘quali-
                                                                                       fied individual’’ means any individual—
                                                                                               (A) whose principal place of abode at any time during the incident period
                                                                                            of any qualified disaster is located in the qualified disaster area with re-
                                                                                            spect to such qualified disaster, and
                                                                                               (B) who has sustained an economic loss by reason of such qualified dis-
                                                                                            aster.
                                                                                     (d) PROVISIONS RELATING TO PLAN AMENDMENTS.—
                                                                                          (1) IN GENERAL.—If this subsection applies to any amendment to any plan or
                                                                                       annuity contract, such plan or contract shall be treated as being operated in ac-
                                                                                       cordance with the terms of the plan during the period described in paragraph
                                                                                       (2)(B)(i).
                                                                                          (2) AMENDMENTS TO WHICH SUBSECTION APPLIES.—
                                                                                               (A) IN GENERAL.—This subsection shall apply to any amendment to any
                                                                                            plan or annuity contract which is made—
                                                                                                    (i) pursuant to any provision of this section, or pursuant to any regu-
                                                                                                  lation issued by the Secretary or the Secretary of Labor under any pro-
                                                                                                  vision of this section, and
                                                                                                    (ii) on or before the last day of the first plan year beginning on or
                                                                                                  after January 1, 2020, or such later date as the Secretary may pre-
                                                                                                  scribe.
                                                                                            In the case of a governmental plan (as defined in section 414(d) of the In-
                                                                                            ternal Revenue Code of 1986), clause (ii) shall be applied by substituting
                                                                                            the date which is 2 years after the date otherwise applied under clause (ii).
                                                                                               (B) CONDITIONS.—This subsection shall not apply to any amendment un-
                                                                                            less—
                                                                                                    (i) during the period—
                                                                                                          (I) beginning on the date that this section or the regulation de-
                                                                                                       scribed in subparagraph (A)(i) takes effect (or in the case of a plan
                                                                                                       or contract amendment not required by this section or such regula-
                                                                                                       tion, the effective date specified by the plan), and
                                                                                                          (II) ending on the date described in subparagraph (A)(ii) (or, if
                                                                                                       earlier, the date the plan or contract amendment is adopted),
                                                                                            the plan or contract is operated as if such plan or contract amendment were
                                                                                            in effect, and
                                                                                                    (ii) such plan or contract amendment applies retroactively for such
                                                                                                  period.
                                                                                SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY QUALIFIED DISAS-
                                                                                           TERS.
                                                                                   (a) IN GENERAL.—For purposes of section 38 of the Internal Revenue Code of
                                                                                1986, in the case of an eligible employer, the 2018 qualified disaster employee reten-
                                                                                tion credit shall be treated as a credit listed at the end of subsection (b) of such
                                                                                section. For purposes of this subsection, the 2018 qualified disaster employee reten-
                                                                                tion credit for any taxable year is an amount equal to 40 percent of the qualified
                                                                                wages with respect to each eligible employee of such employer for such taxable year.
                                                                                The amount of qualified wages with respect to any employee which may be taken
                                                                                into account under this subsection by the employer for any taxable year shall not
                                                                                exceed $6,000 (reduced by the amount of qualified wages with respect to such em-
                                                                                ployee which may be so taken into account for any prior taxable year).
                                                                                   (b) DEFINITIONS.—For purposes of this section—
                                                                                        (1) ELIGIBLE EMPLOYER.—The term ‘‘eligible employer’’ means any employer—
                                                                                             (A) which conducted an active trade or business in a qualified disaster
                                                                                          zone at any time during the incident period of the qualified disaster with
                                                                                          respect to such qualified disaster zone, and
                                                                                             (B) with respect to whom the trade or business described in subparagraph
                                                                                          (A) is inoperable at any time during the period beginning on the first day
                                                                                          of the incident period of such qualified disaster and ending on the date of
                                                                                          the enactment of this Act, as a result of damage sustained by reason of




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                                                                                          such qualified disaster.
                                                                                        (2) ELIGIBLE EMPLOYEE.—The term ‘‘eligible employee’’ means with respect to
                                                                                     an eligible employer an employee whose principal place of employment with
                                                                                     such eligible employer (determined immediately before the qualified disaster re-




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                                                                                                                                     12
                                                                                     ferred to in paragraph (1)) was in the qualified disaster zone referred to in such
                                                                                     paragraph.
                                                                                        (3) QUALIFIED WAGES.—The term ‘‘qualified wages’’ means wages (as defined
                                                                                     in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to
                                                                                     section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with
                                                                                     respect to an eligible employee at any time on or after the date on which the
                                                                                     trade or business described in paragraph (1) first became inoperable at the prin-
                                                                                     cipal place of employment of the employee (determined immediately before the
                                                                                     qualified disaster referred to in such paragraph) and before the earlier of—
                                                                                            (A) the date on which such trade or business has resumed significant op-
                                                                                          erations at such principal place of employment, or
                                                                                            (B) the date which 150 days after the last day of the incident period of
                                                                                          the qualified disaster referred to in paragraph (1).
                                                                                     Such term shall include wages paid without regard to whether the employee
                                                                                     performs no services, performs services at a different place of employment than
                                                                                     such principal place of employment, or performs services at such principal place
                                                                                     of employment before significant operations have resumed.
                                                                                  (c) CERTAIN RULES TO APPLY.—For purposes of this subsection, rules similar to
                                                                                the rules of sections 51(i)(1), 52, and 280C(a), of the Internal Revenue Code of 1986,
                                                                                shall apply.
                                                                                  (d) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE THAN ONCE.—An employee shall
                                                                                not be treated as an eligible employee for purposes of this subsection for any period
                                                                                with respect to any employer if such employer is allowed a credit under section 51
                                                                                of the Internal Revenue Code of 1986 with respect to such employee for such period.
                                                                                SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
                                                                                     (a) TEMPORARY INCREASE IN LIMITATION ON QUALIFIED CONTRIBUTIONS.—
                                                                                          (1) SUSPENSION OF CURRENT LIMITATION.—Except as otherwise provided in
                                                                                       paragraph (2), qualified contributions shall be disregarded in applying sub-
                                                                                       sections (b) and (d) of section 170 of the Internal Revenue Code of 1986.
                                                                                          (2) APPLICATION OF INCREASED LIMITATION.—For purposes of section 170 of
                                                                                       the Internal Revenue Code of 1986—
                                                                                               (A) INDIVIDUALS.—In the case of an individual—
                                                                                                    (i) LIMITATION.—Any qualified contribution shall be allowed as a de-
                                                                                                 duction only to the extent that the aggregate of such contributions does
                                                                                                 not exceed the excess of the taxpayer’s contribution base (as defined in
                                                                                                 subparagraph (H) of section 170(b)(1) of such Code) over the amount of
                                                                                                 all other charitable contributions allowed under section 170(b)(1) of
                                                                                                 such Code.
                                                                                                    (ii) CARRYOVER.—If the aggregate amount of qualified contributions
                                                                                                 made in the contribution year (within the meaning of section 170(d)(1)
                                                                                                 of such Code) exceeds the limitation of clause (i), such excess shall be
                                                                                                 added to the excess described in section 170(b)(1)(G)(ii).
                                                                                               (B) CORPORATIONS.—In the case of a corporation—
                                                                                                    (i) LIMITATION.—Any qualified contribution shall be allowed as a de-
                                                                                                 duction only to the extent that the aggregate of such contributions does
                                                                                                 not exceed the excess of the taxpayer’s taxable income (as determined
                                                                                                 under paragraph (2) of section 170(b) of such Code) over the amount
                                                                                                 of all other charitable contributions allowed under such paragraph.
                                                                                                    (ii) CARRYOVER.—If the aggregate amount of qualified contributions
                                                                                                 made in the contribution year (within the meaning of section 170(d)(2)
                                                                                                 of such Code) exceeds the limitation of clause (i), such excess shall be
                                                                                                 appropriately taken into account under section 170(d)(2) subject to the
                                                                                                 limitations thereof.
                                                                                          (3) QUALIFIED CONTRIBUTIONS.—
                                                                                               (A) IN GENERAL.—For purposes of this subsection, the term ‘‘qualified con-
                                                                                            tribution’’ means any charitable contribution (as defined in section 170(c)
                                                                                            of the Internal Revenue Code of 1986) if—
                                                                                                    (i) such contribution—
                                                                                                         (I) is paid, during the period beginning on January 1, 2018, and
                                                                                                       ending on the date which is 60 days after the date of the enact-
                                                                                                       ment of this Act, in cash to an organization described in section
                                                                                                       170(b)(1)(A) of such Code, and
                                                                                                         (II) is made for relief efforts in one or more qualified disaster
                                                                                                       areas,




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                                                                                                    (ii) the taxpayer obtains from such organization contemporaneous
                                                                                                 written acknowledgment (within the meaning of section 170(f)(8) of
                                                                                                 such Code) that such contribution was used (or is to be used) for relief
                                                                                                 efforts described in clause (i)(II), and




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                                                                                                                                    13
                                                                                                   (iii) the taxpayer has elected the application of this subsection with
                                                                                                respect to such contribution.
                                                                                             (B) EXCEPTION.—Such term shall not include a contribution by a donor
                                                                                          if the contribution is—
                                                                                                   (i) to an organization described in section 509(a)(3) of the Internal
                                                                                                Revenue Code of 1986, or
                                                                                                   (ii) for the establishment of a new, or maintenance of an existing,
                                                                                                donor advised fund (as defined in section 4966(d)(2) of such Code).
                                                                                             (C) APPLICATION OF ELECTION TO PARTNERSHIPS AND S CORPORATIONS.—
                                                                                          In the case of a partnership or S corporation, the election under subpara-
                                                                                          graph (A)(iii) shall be made separately by each partner or shareholder.
                                                                                  (b) SPECIAL RULES FOR QUALIFIED DISASTER-RELATED PERSONAL CASUALTY
                                                                                LOSSES.—
                                                                                        (1) IN GENERAL.—If an individual has a net disaster loss for any taxable
                                                                                     year—
                                                                                             (A) the amount determined under section 165(h)(2)(A)(ii) of the Internal
                                                                                          Revenue Code of 1986 shall be equal to the sum of—
                                                                                                   (i) such net disaster loss, and
                                                                                                   (ii) so much of the excess referred to in the matter preceding clause
                                                                                                (i) of section 165(h)(2)(A) of such Code (reduced by the amount in clause
                                                                                                (i) of this subparagraph) as exceeds 10 percent of the adjusted gross in-
                                                                                                come of the individual,
                                                                                             (B) section 165(h)(1) of such Code shall be applied by substituting ‘‘$500’’
                                                                                          for ‘‘$500 ($100 for taxable years beginning after December 31, 2009)’’,
                                                                                             (C) the standard deduction determined under section 63(c) of such Code
                                                                                          shall be increased by the net disaster loss, and
                                                                                             (D) section 56(b)(1)(E) of such Code shall not apply to so much of the
                                                                                          standard deduction as is attributable to the increase under subparagraph
                                                                                          (C) of this paragraph.
                                                                                        (2) NET DISASTER LOSS.—For purposes of this subsection, the term ‘‘net dis-
                                                                                     aster loss’’ means the excess of qualified disaster-related personal casualty
                                                                                     losses over personal casualty gains (as defined in section 165(h)(3)(A) of the In-
                                                                                     ternal Revenue Code of 1986).
                                                                                        (3) QUALIFIED DISASTER-RELATED PERSONAL CASUALTY LOSSES.—For purposes
                                                                                     of this subsection, the term ‘‘qualified disaster-related personal casualty losses’’
                                                                                     means losses described in section 165(c)(3) of the Internal Revenue Code of 1986
                                                                                     which arise in a qualified disaster area on or after the first day of the incident
                                                                                     period of the qualified disaster to which such area relates, and which are attrib-
                                                                                     utable to such qualified disaster.
                                                                                  (c) SPECIAL RULE FOR DETERMINING EARNED INCOME.—
                                                                                        (1) IN GENERAL.—In the case of a qualified individual, if the earned income
                                                                                     of the taxpayer for the applicable taxable year is less than the earned income
                                                                                     of the taxpayer for the preceding taxable year, the credits allowed under sec-
                                                                                     tions 24(d) and 32 of the Internal Revenue Code of 1986 may, at the election
                                                                                     of the taxpayer, be determined by substituting—
                                                                                             (A) such earned income for the preceding taxable year, for
                                                                                             (B) such earned income for the applicable taxable year.
                                                                                        (2) QUALIFIED INDIVIDUAL.—For purposes of this subsection—
                                                                                             (A) IN GENERAL.—The term ‘‘qualified individual’’ means any individual
                                                                                          whose principal place of abode at any time during the incident period of any
                                                                                          qualified disaster was located—
                                                                                                   (i) in the qualified disaster zone with respect to such qualified dis-
                                                                                                aster, or
                                                                                                   (ii) in the qualified disaster area with respect to such qualified dis-
                                                                                                aster (but outside the qualified disaster zone with respect to such quali-
                                                                                                fied disaster) and such individual was displaced from such principal
                                                                                                place of abode by reason of such qualified disaster.
                                                                                             (B) HURRICANE SANDY.—The term ‘‘qualified individual’’ includes any in-
                                                                                          dividual whose principal place of abode at any time during the period begin-
                                                                                          ning on October 29, 2012, and ending on November 3, 2012, was located—
                                                                                                   (i) in that portion of the area described in clause (ii) which was deter-
                                                                                                mined by the President to warrant individual or individual and public
                                                                                                assistance from the Federal Government under the Robert T. Stafford
                                                                                                Disaster Relief and Emergency Assistance Act by reason of Hurricane




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                                                                                                Sandy, or
                                                                                                   (ii) in the area with respect to which a major disaster was declared
                                                                                                by the President under section 401 of the Robert T. Stafford Disaster
                                                                                                Relief and Emergency Assistance Act by reason of Hurricane Sandy




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                                                                                                                                    14
                                                                                               and such individual was displaced from such principal place of abode
                                                                                               by reason of Hurricane Sandy.
                                                                                        (3) APPLICABLE TAXABLE YEAR.—The term ‘‘applicable taxable year’’ means—
                                                                                             (A) in the case of a qualified individual other than an individual de-
                                                                                          scribed in subparagraph (B), any taxable year which includes any portion
                                                                                          of the incident period of the qualified disaster to which the qualified dis-
                                                                                          aster area referred to in paragraph (2)(A) relates, or
                                                                                             (B) in the case of a qualified individual described in subparagraph (B) of
                                                                                          paragraph (2), any taxable year which includes any portion of the period
                                                                                          described in such subparagraph.
                                                                                        (4) EARNED INCOME.—For purposes of this subsection, the term ‘‘earned in-
                                                                                      come’’ has the meaning given such term under section 32(c) of the Internal Rev-
                                                                                      enue Code of 1986.
                                                                                        (5) SPECIAL RULES.—
                                                                                             (A) APPLICATION TO JOINT RETURNS.—For purposes of paragraph (1), in
                                                                                          the case of a joint return for an applicable taxable year—
                                                                                                  (i) such paragraph shall apply if either spouse is a qualified indi-
                                                                                               vidual, and
                                                                                                  (ii) the earned income of the taxpayer for the preceding taxable year
                                                                                               shall be the sum of the earned income of each spouse for such pre-
                                                                                               ceding taxable year.
                                                                                             (B) UNIFORM APPLICATION OF ELECTION.—Any election made under para-
                                                                                          graph (1) shall apply with respect to both sections 24(d) and 32 of the Inter-
                                                                                          nal Revenue Code of 1986.
                                                                                             (C) ERRORS TREATED AS MATHEMATICAL ERROR.—For purposes of section
                                                                                          6213 of the Internal Revenue Code of 1986, an incorrect use on a return
                                                                                          of earned income pursuant to paragraph (1) shall be treated as a mathe-
                                                                                          matical or clerical error.
                                                                                             (D) NO EFFECT ON DETERMINATION OF GROSS INCOME, ETC.—Except as
                                                                                          otherwise provided in this subsection, the Internal Revenue Code of 1986
                                                                                          shall be applied without regard to any substitution under paragraph (1).
                                                                                             (E) EXTENSION OF PERIOD OF LIMITATION FOR CERTAIN INDIVIDUALS AF-
                                                                                          FECTED BY HURRICANE SANDY.—
                                                                                                  (i) IN GENERAL.—In the case of an individual described in paragraph
                                                                                               (2)(B), the period of limitation prescribed by section 6511(a) of the In-
                                                                                               ternal Revenue Code of 1986 for any applicable taxable year shall be
                                                                                               extended until the date prescribed by law (including extensions) for fil-
                                                                                               ing the return of tax for the taxable year that includes the date of the
                                                                                               enactment of this Act, and section 6511(b)(2) of such Code shall not
                                                                                               apply to any claim of credit or refund with respect to the return for
                                                                                               such applicable tax year.
                                                                                                  (ii) AMENDMENTS, ETC. RESTRICTED TO CHANGES TO EARNED IN-
                                                                                               COME.—Clause (i) shall apply only with respect to amendments to the
                                                                                               return of tax, and claims for credit or refund, relating to a change in
                                                                                               the earned income of the individual.
                                                                                SEC. 305. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF CERTAIN TAXPAYERS
                                                                                           AFFECTED BY FEDERALLY DECLARED DISASTERS.
                                                                                  (a) IN GENERAL.—Section 7508A is amended by adding at the end the following
                                                                                new subsection:
                                                                                  ‘‘(d) MANDATORY 60-DAY EXTENSION.—
                                                                                        ‘‘(1) IN GENERAL.—In the case of any qualified taxpayer, the period—
                                                                                              ‘‘(A) beginning on the earliest incident date specified in the declaration
                                                                                           to which the disaster area referred to in paragraph (2) relates, and
                                                                                              ‘‘(B) ending on the date which is 60 days after the latest incident date
                                                                                           so specified,
                                                                                     shall be disregarded in the same manner as a period specified under subsection
                                                                                     (a).
                                                                                        ‘‘(2) QUALIFIED TAXPAYER.—For purposes of this subsection, the term ‘quali-
                                                                                     fied taxpayer’ means—
                                                                                              ‘‘(A) any individual whose principal residence (for purposes of section
                                                                                           1033(h)(4)) is located in a disaster area,
                                                                                              ‘‘(B) any taxpayer if the taxpayer’s principal place of business (other than
                                                                                           the business of performing services as an employee) is located in a disaster
                                                                                           area,
                                                                                              ‘‘(C) any individual who is a relief worker affiliated with a recognized gov-




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                                                                                           ernment or philanthropic organization and who is assisting in a disaster
                                                                                           area,
                                                                                              ‘‘(D) any taxpayer whose records necessary to meet a deadline for an act
                                                                                           described in section 7508(a)(1) are maintained in a disaster area,




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                                                                                                                                    15
                                                                                              ‘‘(E) any individual visiting a disaster area who was killed or injured as
                                                                                           a result of the disaster, and
                                                                                              ‘‘(F) solely with respect to a joint return, any spouse of an individual de-
                                                                                           scribed in any preceding subparagraph of this paragraph.
                                                                                        ‘‘(3) DISASTER AREA.—For purposes of this subsection, the term ‘disaster area’
                                                                                     has the meaning given such term under subparagraph (B) of section 165(i)(5)
                                                                                     with respect to a Federally declared disaster (as defined in subparagraph (A)
                                                                                     of such section).
                                                                                        ‘‘(4) APPLICATION TO RULES REGARDING PENSIONS.—In the case of any person
                                                                                     described in subsection (b), a rule similar to the rule of paragraph (1) shall
                                                                                     apply for purposes of subsection (b) with respect to—
                                                                                              ‘‘(A) making contributions to a qualified retirement plan (within the
                                                                                           meaning of section 4974(c)) under section 219(f)(3), 404(a)(6), 404(h)(1)(B),
                                                                                           or 404(m)(2),
                                                                                              ‘‘(B) making distributions under section 408(d)(4),
                                                                                              ‘‘(C) recharacterizing contributions under section 408A(d)(6), and
                                                                                              ‘‘(D) making a rollover under section 402(c), 403(a)(4), 403(b)(8), or
                                                                                           408(d)(3).
                                                                                        ‘‘(5) COORDINATION WITH PERIODS SPECIFIED BY THE SECRETARY.—Any period
                                                                                     described in paragraph (1) with respect to any person (including by reason of
                                                                                     the application of paragraph (4)) shall be in addition to (or concurrent with, as
                                                                                     the case may be) any period specified under subsection (a) or (b) with respect
                                                                                     to such person.’’.
                                                                                  (b) EFFECTIVE DATE.—The amendment made by this section shall apply to feder-
                                                                                ally declared disasters declared after the date of the enactment of this Act.
                                                                                SEC. 306. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT INCOME
                                                                                           OF PRIVATE FOUNDATIONS.
                                                                                   (a) IN GENERAL.—Section 4940(a) is amended by striking ‘‘2 percent’’ and insert-
                                                                                ing ‘‘1.39 percent’’.
                                                                                   (b) ELIMINATION OF REDUCED TAX WHERE FOUNDATION MEETS CERTAIN DISTRIBU-
                                                                                TION REQUIREMENTS.—Section 4940 of such Code is amended by striking subsection
                                                                                (e).
                                                                                   (c) EFFECTIVE DATE.—The amendments made by this section shall apply to tax-
                                                                                able years beginning after the date of the enactment of this Act.
                                                                                SEC. 307. ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR QUALIFIED 2017
                                                                                           AND 2018 CALIFORNIA DISASTER AREAS.
                                                                                  (a) IN GENERAL.—For purposes of section 42 of the Internal Revenue Code of
                                                                                1986, the State housing credit ceiling for California for calendar year 2019 shall be
                                                                                increased by the lesser of—
                                                                                        (1) the aggregate housing credit dollar amount allocated by the State housing
                                                                                     credit agencies of California for such calendar year to buildings located in quali-
                                                                                     fied 2017 and 2018 California disaster areas, or
                                                                                        (2) 50 percent of the sum of the State housing credit ceilings for California
                                                                                     for calendar years 2017 and 2018.
                                                                                  (b) ALLOCATIONS TREATED AS MADE FIRST FROM ADDITIONAL ALLOCATION FOR
                                                                                PURPOSES OF DETERMINING CARRYOVER.—For purposes of determining the unused
                                                                                State housing credit ceiling for any calendar year under section 42(h)(3)(C) of the
                                                                                Internal Revenue Code of 1986, any increase in the State housing credit ceiling
                                                                                under subsection (a) shall be treated as an amount described in clause (ii) of such
                                                                                section.
                                                                                  (c) DEFINITIONS.—For purposes of this section—
                                                                                        (1) QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER AREAS.—The term ‘‘qualified
                                                                                     2017 and 2018 California disaster areas’’ means any area in California which
                                                                                     was determined by the President (before January 1, 2019) to warrant individual
                                                                                     or individual and public assistance from the Federal Government under the
                                                                                     Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of
                                                                                     a major disaster the incident period of which begins or ends in calendar year
                                                                                     2017 or 2018. Notwithstanding section 301, for purposes of the preceding sen-
                                                                                     tence, the term ‘‘incident period’’ means the period specified by the Federal
                                                                                     Emergency Management Agency as the period during which the disaster oc-
                                                                                     curred.
                                                                                        (2) OTHER DEFINITIONS.—Terms used in this section which are also used in
                                                                                     section 42 of the Internal Revenue Code of 1986 shall have the same meaning
                                                                                     in this section as in such section 42.




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                                                                                SEC. 308. TREATMENT OF CERTAIN POSSESSIONS.
                                                                                   (a) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.—The Secretary
                                                                                of the Treasury shall pay to each possession of the United States which has a mirror




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                                                                                                                                    16
                                                                                code tax system amounts equal to the loss (if any) to that possession by reason of
                                                                                the application of the provisions of this title. Such amounts shall be determined by
                                                                                the Secretary of the Treasury based on information provided by the government of
                                                                                the respective possession.
                                                                                   (b) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the Treasury shall pay
                                                                                to each possession of the United States which does not have a mirror code tax sys-
                                                                                tem amounts estimated by the Secretary of the Treasury as being equal to the ag-
                                                                                gregate benefits (if any) that would have been provided to residents of such posses-
                                                                                sion by reason of the provisions of this title if a mirror code tax system had been
                                                                                in effect in such possession. The preceding sentence shall not apply unless the re-
                                                                                spective possession has a plan, which has been approved by the Secretary of the
                                                                                Treasury, under which such possession will promptly distribute such payments to
                                                                                its residents.
                                                                                   (c) MIRROR CODE TAX SYSTEM.—For purposes of this section, the term ‘‘mirror
                                                                                code tax system’’ means, with respect to any possession of the United States, the
                                                                                income tax system of such possession if the income tax liability of the residents of
                                                                                such possession under such system is determined by reference to the income tax
                                                                                laws of the United States as if such possession were the United States.
                                                                                   (d) TREATMENT OF PAYMENTS.—For purposes of section 1324 of title 31, United
                                                                                States Code, the payments under this section shall be treated in the same manner
                                                                                as a refund due from a credit provision referred to in subsection (b)(2) of such sec-
                                                                                tion.

                                                                                                      I. SUMMARY AND BACKGROUND
                                                                                                               A. PURPOSE AND SUMMARY
                                                                                  The bill, H.R. 3301, the ‘‘Taxpayer Certainty and Disaster Relief
                                                                                Act of 2019’’ as amended and ordered reported by the Committee
                                                                                on Ways and Means on June 20 2019, (1) extends certain expired
                                                                                and expiring tax provisions, (2) reduces the unified credit against
                                                                                the estate tax effective January 1, 2023, (3) provides tax relief for
                                                                                areas affected by certain natural disasters occurring on or after
                                                                                January 1, 2018, and (4) makes certain other changes.
                                                                                                  B. BACKGROUND AND NEED FOR LEGISLATION
                                                                                   The responsible stewardship of temporary tax policy is essential
                                                                                to sound tax administration. Temporary tax policy can be used to
                                                                                address a one-time need, to provide transition rules for new policy,
                                                                                and for other valid purposes. However, certainty in tax policy is im-
                                                                                portant. Uncertainty can reduce consumer confidence, increase vol-
                                                                                atility in the stock market, and threaten investment and job
                                                                                growth in crucial sectors across our economy, including defense,
                                                                                healthcare, finance, and infrastructure.
                                                                                   H.R. 3301 extends 26 provisions that expired in 2017 and 2018.
                                                                                It also prospectively extends six provisions set to expire at the end
                                                                                of 2019. Some of the temporary provisions extended in this bill en-
                                                                                hance support for families and individuals. Others provide incen-
                                                                                tives for employment, economic growth, and community develop-
                                                                                ment. Finally, certain provisions in this bill extend incentives for
                                                                                energy production, efficiency, and green economy jobs. The costs of
                                                                                extending these provisions are offset by a reduction to the unified
                                                                                credit against the estate tax, effective January 1, 2023.
                                                                                   In addition to the extensions of certain provisions as described
                                                                                above, H.R. 3301 provides critical tax relief for communities that




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                                                                                have been hurt by natural disasters. This relief not only addresses
                                                                                disasters that occurred in 2018, but also extends to disasters that
                                                                                occur up to 30 days after the date of enactment of the legislation.




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                                                                                                                 C. LEGISLATIVE HISTORY
                                                                                Background
                                                                                  H.R. 3301, the ‘‘Taxpayer Certainty and Disaster Tax Relief Act
                                                                                of 2019,’’ was introduced on June 18, 2019 by Mr. Thompson of
                                                                                California, and was referred to the Committee on Ways and Means.
                                                                                Committee hearings
                                                                                  The Subcommittee on Select Revenue Measures held a hearing
                                                                                on Temporary Policy in the Internal Revenue Code on Tuesday,
                                                                                March 12, 2019. The Committee heard testimony from Mark Mazur
                                                                                of the Urban-Brookings Tax Policy Center, Pam Olson of
                                                                                PricewaterhouseCoopers, Chye-Ching Huang of the Center on
                                                                                Budget and Policy Priorities, Judy K. Sakaki of Sonoma State Uni-
                                                                                versity and Kyle Pomerleau of the Tax Foundation.
                                                                                  In addition, the Committee on Ways and Means held a hearing
                                                                                on the 2017 Tax Law and Who It Left Behind on March 27, 2019.
                                                                                Witnesses included Nancy Abromowitz of the American University
                                                                                Washington College of Law, Elise Gould of the Economic Policy In-
                                                                                stitute, Douglas Holtz-Eakin of the American Action Forum, Jason
                                                                                Oh of the University of California Los Angeles, and Christopher
                                                                                Shelton of the Communications Workers of America.
                                                                                  A number of Members of Congress also testified on many of the
                                                                                provisions contained in H. R. 3301 at the Committee’s Member Day
                                                                                Hearing held on June 4, 2019.
                                                                                Committee action
                                                                                  The Committee on Ways and Means marked up H.R. 3301 on
                                                                                June 20, 2019, and ordered the bill, as amended, favorably reported
                                                                                (with a quorum being present) by a vote of 25 yeas and 17 nays.
                                                                                                        II. EXPLANATION OF THE BILL
                                                                                     TITLE I—EXTENSION OF CERTAIN EXPIRING PROVISIONS
                                                                                      A. TAX RELIEF AND SUPPORT FOR FAMILIES AND INDIVIDUALS
                                                                                1. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
                                                                                  PRINCIPAL RESIDENCE INDEBTEDNESS (SEC. 101 OF THE BILL AND
                                                                                  SEC. 108(a)(1)(E) OF THE CODE)

                                                                                                                         PRESENT LAW 1

                                                                                In general
                                                                                  Gross income includes income that is realized by a debtor from
                                                                                the discharge of indebtedness,2 subject to certain exceptions for
                                                                                debtors in Title 11 bankruptcy cases, insolvent debtors, certain stu-
                                                                                dent loans, certain farm indebtedness, and certain real property
                                                                                business indebtedness.3 In cases involving discharges of indebted-
                                                                                ness that are excluded from gross income under the exceptions to
                                                                                the general rule, taxpayers generally reduce certain tax attributes,
                                                                                  1 All discussions of Present Law in this report refer to present law as of the date of the mark-




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                                                                                up (i.e., June 20, 2019) and do not reflect subsequent law changes.
                                                                                  2 A debt cancellation that constitutes a gift or bequest is not treated as income to the donee
                                                                                debtor. Sec. 102.
                                                                                  3 Secs. 61(a)(11) and 108.




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                                                                                including basis in property, by the amount of the discharge of in-
                                                                                debtedness.
                                                                                  The amount of discharge of indebtedness excluded from income
                                                                                by an insolvent debtor not in a Title 11 bankruptcy case cannot ex-
                                                                                ceed the amount by which the debtor is insolvent. In the case of
                                                                                a discharge due to bankruptcy or where the debtor is insolvent, any
                                                                                reduction in basis may not exceed the excess of the aggregate bases
                                                                                of properties held by the taxpayer immediately after the discharge
                                                                                over the aggregate of the liabilities of the taxpayer immediately
                                                                                after the discharge.4
                                                                                  For all taxpayers, the amount of discharge of indebtedness gen-
                                                                                erally is equal to the difference between the adjusted issue price of
                                                                                the debt being cancelled and the amount used to satisfy the debt.
                                                                                These rules generally apply to the exchange of an old obligation for
                                                                                a new obligation, including a modification of indebtedness that is
                                                                                treated as an exchange (a debt-for-debt exchange).
                                                                                Qualified principal residence indebtedness
                                                                                  An exclusion from gross income is provided for any discharge of
                                                                                indebtedness income by reason of a discharge (in whole or in part)
                                                                                of qualified principal residence indebtedness. Qualified principal
                                                                                residence indebtedness means acquisition indebtedness (within the
                                                                                meaning of section 163(h)(3)(B), except that the dollar limitation is
                                                                                $2 million) with respect to the taxpayer’s principal residence.5 Ac-
                                                                                quisition indebtedness with respect to a principal residence gen-
                                                                                erally means indebtedness which is incurred in the acquisition,
                                                                                construction, or substantial improvement of the principal residence
                                                                                of the individual and is secured by the residence. It also includes
                                                                                refinancing of such indebtedness to the extent the amount of the
                                                                                indebtedness resulting from such refinancing does not exceed the
                                                                                amount of the refinanced indebtedness. For these purposes, the
                                                                                term ‘‘principal residence’’ has the same meaning as under section
                                                                                121.
                                                                                  If immediately before the discharge, only a portion of a dis-
                                                                                charged indebtedness is qualified principal residence indebtedness,
                                                                                the exclusion applies only to so much of the amount discharged as
                                                                                exceeds the portion of the debt which is not qualified principal resi-
                                                                                dence indebtedness. For example, assume that a principal resi-
                                                                                dence is secured by an indebtedness of $1 million, of which
                                                                                $700,000 is qualified principal residence indebtedness. If the resi-
                                                                                dence is sold for $600,000 and $400,000 debt is discharged, then
                                                                                only $100,000 of the amount discharged may be excluded from
                                                                                gross income under the qualified principal residence indebtedness
                                                                                exclusion.
                                                                                  The basis of the individual’s principal residence is reduced by the
                                                                                amount excluded from income under the provision.
                                                                                  The qualified principal residence indebtedness exclusion does not
                                                                                apply to a taxpayer in a Title 11 case; instead, the general exclu-
                                                                                sion rules apply. In the case of an insolvent taxpayer not in a Title
                                                                                11 case, the qualified principal residence indebtedness exclusion
                                                                                applies unless the taxpayer elects to have the general exclusion
                                                                                rules apply instead.




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                                                                                     4 Sec. 1017.
                                                                                     5 Sec. 108(h)(2).




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                                                                                                                                        19

                                                                                  The exclusion does not apply to the discharge of a loan if the dis-
                                                                                charge is on account of services performed for the lender or any
                                                                                other factor not directly related to a decline in the value of the resi-
                                                                                dence or to the financial condition of the taxpayer.
                                                                                  The exclusion for qualified principal residence indebtedness is ef-
                                                                                fective for discharges of indebtedness before January 1, 2018.
                                                                                                                       REASONS FOR CHANGE

                                                                                   The Committee believes that taxpayers restructuring their acqui-
                                                                                sition indebtedness on a principal residence or losing their prin-
                                                                                cipal residence in a foreclosure are likely, due to their economic cir-
                                                                                cumstances, to lack the necessary liquidity to pay taxes on the re-
                                                                                sulting discharge of indebtedness. Therefore, the Committee be-
                                                                                lieves the exclusion from gross income for discharges of qualified
                                                                                principal residence indebtedness should be extended.
                                                                                                                   EXPLANATION OF PROVISION

                                                                                  The provision extends for three additional years (through Decem-
                                                                                ber 31, 2020) the exclusion from gross income for discharges of
                                                                                qualified principal residence indebtedness. The provision also pro-
                                                                                vides for an exclusion from gross income in the case of those tax-
                                                                                payers whose qualified principal residence indebtedness was dis-
                                                                                charged on or after January 1, 2021, if the discharge was subject
                                                                                to a written arrangement entered into prior to January 1, 2021.
                                                                                                                             EFFECTIVE DATE

                                                                                  The provision generally applies to discharges of indebtedness
                                                                                after December 31, 2017.
                                                                                2. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
                                                                                  RESIDENCE INTEREST (SEC. 102 OF THE BILL AND SEC. 163(h) OF THE
                                                                                  CODE)

                                                                                                                              PRESENT LAW

                                                                                In general
                                                                                  Qualified residence interest is deductible notwithstanding the
                                                                                general rule that personal interest is nondeductible.6
                                                                                Acquisition indebtedness
                                                                                  Qualified residence interest is interest on acquisition indebted-
                                                                                ness with respect to a principal and a second residence of the tax-
                                                                                payer. The maximum amount of acquisition indebtedness is
                                                                                $750,000 ($375,000 in the case of married taxpayers filing sepa-
                                                                                rately). Acquisition indebtedness means debt that is incurred in ac-
                                                                                quiring, constructing, or substantially improving a qualified resi-
                                                                                dence of the taxpayer, and that is secured by the residence.
                                                                                Qualified mortgage insurance
                                                                                  Certain premiums paid or accrued for qualified mortgage insur-
                                                                                ance by a taxpayer during the taxable year in connection with ac-
                                                                                quisition indebtedness on a qualified residence of the taxpayer are




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                                                                                treated as interest that is qualified residence interest and thus de-
                                                                                     6 Sec. 163(h).




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                                                                                ductible. The amount allowable as a deduction is phased out rat-
                                                                                ably by 10 percent for each $1,000 (or fraction thereof) by which
                                                                                the taxpayer’s adjusted gross income exceeds $100,000 ($500 and
                                                                                $50,000, respectively, in the case of a married individual filing a
                                                                                separate return). Thus, the deduction is not allowed if the tax-
                                                                                payer’s adjusted gross income exceeds $109,000 ($54,000 in the
                                                                                case of married individual filing a separate return).
                                                                                   For this purpose, qualified mortgage insurance means mortgage
                                                                                insurance provided by the Department of Veterans Affairs, the Fed-
                                                                                eral Housing Administration, or the Rural Housing Service, and
                                                                                private mortgage insurance (defined in section two of the Home-
                                                                                owners Protection Act of 1998 as in effect on the date of enactment
                                                                                of the provision).
                                                                                   Amounts paid for qualified mortgage insurance that are properly
                                                                                allocable to periods after the close of the taxable year are treated
                                                                                as paid in the period to which they are allocated. No deduction is
                                                                                allowed for the unamortized balance if the mortgage is paid before
                                                                                the end of its term (except in the case of qualified mortgage insur-
                                                                                ance provided by the Department of Veterans Affairs or Rural
                                                                                Housing Service).
                                                                                   The deduction does not apply with respect to any mortgage in-
                                                                                surance contract issued before January 1, 2007. The deduction is
                                                                                disallowed for any amount paid or accrued after December 31,
                                                                                2017, or properly allocable to any period after that date.
                                                                                   Information reporting rules apply to mortgage insurance pre-
                                                                                miums for premiums paid or accrued during periods to which the
                                                                                deductibility provision applies.7
                                                                                                                    REASONS FOR CHANGE

                                                                                   The Committee believes that permitting the deduction of mort-
                                                                                gage insurance premiums is consistent with the policy underlying
                                                                                the home mortgage interest deduction, i.e., encouraging home own-
                                                                                ership. Therefore, the Committee believes the deduction for quali-
                                                                                fied mortgage insurance premiums should be extended.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision extends the deduction for qualified mortgage insur-
                                                                                ance premiums for three years (with respect to contracts entered
                                                                                into after December 31, 2006). Thus, the provision applies to
                                                                                amounts paid or accrued in 2018, 2019, and 2020 (and not properly
                                                                                allocable to any period after December 31, 2020).
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to amounts paid or accrued after December
                                                                                31, 2017.
                                                                                     3. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR (SEC. 103 OF
                                                                                                   THE BILL AND SEC. 213 OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                  For taxable years ending before January 1, 2019, individuals
                                                                                may claim an itemized deduction for unreimbursed medical ex-




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                                                                                penses paid during the taxable year, but only to the extent that the
                                                                                     7 Sec. 6050H(h) and Treas. Reg. sec. 1.6050H-3.




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                                                                                expenses exceed 7.5 percent of adjusted gross income (‘‘AGI’’) for
                                                                                purposes of regular tax and the alternative minimum tax (‘‘AMT’’).8
                                                                                For taxable years ending after December 31, 2018, the 7.5-percent
                                                                                threshold is increased to 10 percent.
                                                                                                                    REASONS FOR CHANGE

                                                                                  The Committee believes that the itemized deduction for unreim-
                                                                                bursed medical expenses serves the purpose of allowing taxpayers
                                                                                to offset the cost of unexpected medical expenses that may impose
                                                                                an economic hardship. The Committee believes that extending the
                                                                                availability of the deduction to more taxpayer expenses is con-
                                                                                sistent with that purpose. Therefore, the Committee believes that
                                                                                the reduced threshold of 7.5 percent of AGI should be extended.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision extends for two years the threshold for deducting
                                                                                medical expenses of 7.5 percent of AGI. The 7.5-percent threshold
                                                                                applies for purposes of the AMT as well as the regular tax. The
                                                                                provision applies for taxable years beginning before January 1,
                                                                                2021.
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to taxable years ending after December 31,
                                                                                2018.
                                                                                     4. DEDUCTION OF QUALIFIED TUITION AND RELATED EXPENSES (SEC.
                                                                                                104 OF THE BILL AND SEC. 222 OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                   An individual is allowed a deduction for qualified tuition and re-
                                                                                lated expenses for higher education paid by the individual during
                                                                                the taxable year.9 The deduction is allowed in computing adjusted
                                                                                gross income. The term qualified tuition and related expenses is de-
                                                                                fined in the same manner as for the American Opportunity and
                                                                                Lifetime Learning credits, and includes tuition and fees required
                                                                                for the enrollment or attendance of the taxpayer, the taxpayer’s
                                                                                spouse, or any dependent of the taxpayer with respect to whom the
                                                                                taxpayer is allowed a deduction for a personal exemption,10 at an
                                                                                eligible institution of higher education for courses of instruction of
                                                                                such individual at such institution.11 The expenses must be in con-
                                                                                nection with enrollment at an institution of higher education dur-
                                                                                ing the taxable year, or with an academic period beginning during
                                                                                   8 Sec. 213. The threshold was amended by the Patient Protection and Affordable Care Act
                                                                                (Pub. L. No. 111-148). For taxable years beginning after December 31, 2012, the threshold was
                                                                                10 percent for regular tax purposes and AMT purposes. A temporary special rule applied in the
                                                                                case of a taxpayer who attained age 65 (or, in the case of a married taxpayer, if either the tax-
                                                                                payer or the taxpayer’s spouse attained age 65) before the close of the taxable year, in which
                                                                                case the threshold was 7.5 percent for regular tax purposes. The 2017 Tax Act (Pub. L. No. 115-
                                                                                97) reduced the floor to 7.5 percent for all taxpayers for taxable years beginning after December
                                                                                31, 2016, and ending before January 1, 2019.
                                                                                   9 Sec. 222.
                                                                                   10 Notwithstanding that the exemption amount is zero for taxable years beginning after De-
                                                                                cember 31, 2017, and before January 1, 2026, the reduction of the exemption amount to zero
                                                                                is not taken into account in determining whether a deduction for a personal exemption is still
                                                                                allowed or allowable. Sec. 151(d)(5)(B).




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                                                                                   11 The deduction generally is not available for expenses with respect to a course or education
                                                                                involving sports, games, or hobbies, and is not available for student activity fees, athletic fees,
                                                                                insurance expenses, or other expenses unrelated to an individual’s academic course of instruc-
                                                                                tion. Secs. 222(d)(1) and 25A(f).




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                                                                                the taxable year or during the first three months of the next tax-
                                                                                able year. The deduction is not available for tuition and related ex-
                                                                                penses paid for elementary or secondary education.
                                                                                  The maximum deduction is $4,000 for an individual whose ad-
                                                                                justed gross income for the taxable year does not exceed $65,000
                                                                                ($130,000 in the case of a joint return), or $2,000 for an individual
                                                                                whose adjusted gross income does not exceed $80,000 ($160,000 in
                                                                                the case of a joint return). No deduction is allowed for an indi-
                                                                                vidual whose adjusted gross income exceeds the relevant adjusted
                                                                                gross income limitations, for a married individual who does not file
                                                                                a joint return, or for an individual with respect to whom a personal
                                                                                exemption deduction is allowable to another taxpayer for the tax-
                                                                                able year.
                                                                                  The amount of qualified tuition and related expenses must be re-
                                                                                duced by certain scholarships, educational assistance allowances,
                                                                                and other amounts paid for the benefit of such individual,12 as well
                                                                                as by the amount of such expenses taken into account for purposes
                                                                                of determining any exclusion from gross income of (1) income from
                                                                                certain U.S. savings bonds used to pay higher education tuition
                                                                                and fees and (2) income from a Coverdell education savings ac-
                                                                                count.13 Additionally, such expenses must be reduced by the earn-
                                                                                ings portion (but not the return of principal) of distributions from
                                                                                a qualified tuition program if an exclusion under section 529 is
                                                                                claimed with respect to expenses eligible for the qualified tuition
                                                                                deduction. No deduction is allowed for any expense for which a de-
                                                                                duction is otherwise allowed or with respect to an individual for
                                                                                whom an American Opportunity or Lifetime Learning credit is
                                                                                elected for such taxable year.
                                                                                  The deduction is not available for taxable years beginning after
                                                                                December 31, 2017.
                                                                                                                     REASONS FOR CHANGE

                                                                                  The Committee believes that the deduction for qualified tuition
                                                                                mitigates the effect of rising tuition costs on students and their
                                                                                families. The Committee further believes that the deduction pro-
                                                                                vides an important financial incentive for individuals to pursue
                                                                                higher education. Therefore, the Committee believes the qualified
                                                                                tuition deduction should be extended.
                                                                                                                 EXPLANATION OF PROVISION

                                                                                  The provision extends the qualified tuition deduction for three
                                                                                years, through 2020.
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to taxable years beginning after December
                                                                                31, 2017.




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                                                                                     12 Secs. 222(d)(1) and 25A(g)(2).
                                                                                  13 Sec. 222(c). These reductions are the same as those that apply to the American Opportunity

                                                                                and Lifetime Learning credits.




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                                                                                 5. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX (SEC. 105 OF THE
                                                                                                 BILL AND SEC. 4121 OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                   Before January 1, 2019, coal extracted from mines was taxed at
                                                                                either $1.10 per ton if from an underground mine, or $0.55 per ton
                                                                                if from a surface mine.14 The total amount of tax was not to exceed
                                                                                4.4 percent of the price at which such ton of coal was sold by the
                                                                                producer.
                                                                                   After December 31, 2018, the ‘‘temporary increase termination
                                                                                date,’’ the tax rates declined to rates of $0.50 for underground
                                                                                mines, and $0.25 for surface mines. After the temporary increase
                                                                                termination date, the total amount of tax is not to exceed two per-
                                                                                cent of the price at which such ton of coal is sold by the producer.
                                                                                                                    REASONS FOR CHANGE

                                                                                  The Government Accountability Office has reported that the ex-
                                                                                penditures of the Black Lung Disability Trust Fund have consist-
                                                                                ently exceed revenues.15 The Committee believes that the Black
                                                                                Lung Disability Trust Fund should be provided with a level of
                                                                                funding sufficient to cover its expenditures.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision reinstates the increased rates on coal through De-
                                                                                cember 31, 2020. Coal extracted will be taxed at $1.10 per ton if
                                                                                from an underground mine, or $0.55 per ton if from a surface mine.
                                                                                The total amount of tax cannot exceed 4.4 percent of the price at
                                                                                which such ton of coal is sold by the producer.
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies on and after the first day of the first cal-
                                                                                endar month beginning after the date of enactment.
                                                                                        B. INCENTIVES FOR EMPLOYMENT, ECONOMIC GROWTH, AND
                                                                                                       COMMUNITY DEVELOPMENT
                                                                                     1. INDIAN EMPLOYMENT TAX CREDIT (SEC. 111 OF THE BILL AND SEC.
                                                                                                           45A OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                  In general, a credit against income tax liability is allowed to em-
                                                                                ployers for the first $20,000 of qualified wages and qualified em-
                                                                                ployee health insurance costs paid or incurred by the employer
                                                                                with respect to certain employees.16 The credit is equal to 20 per-
                                                                                cent of the excess of eligible employee qualified wages and health
                                                                                insurance costs during the current year over the amount of such
                                                                                wages and costs incurred by the employer during 1993. The credit
                                                                                is an incremental credit, such that an employer’s current-year
                                                                                qualified wages and qualified employee health insurance costs (up
                                                                                to $20,000 per employee) are eligible for the credit only to the ex-
                                                                                tent that the sum of such costs exceeds the sum of comparable




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                                                                                  14 Sec. 4121.
                                                                                  15 Government Accountability Office, Black Lung Benefits Program: Options for Improving
                                                                                Trust Fund Finances, (GAO 18-351, May 2018).
                                                                                  16 Sec. 45A.




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                                                                                costs paid during 1993. No deduction is allowed for the portion of
                                                                                the wages equal to the amount of the credit.17
                                                                                   Qualified wages means wages paid or incurred by an employer
                                                                                for services performed by a qualified employee. A qualified em-
                                                                                ployee means any employee who is an enrolled member of an In-
                                                                                dian tribe or the spouse of an enrolled member of an Indian tribe,
                                                                                who performs substantially all of the services within an Indian res-
                                                                                ervation, and whose principal place of abode while performing such
                                                                                services is on or near the reservation in which the services are per-
                                                                                formed. An ‘‘Indian reservation’’ is a reservation as defined in sec-
                                                                                tion 3(d) of the Indian Financing Act of 1974 18 or section 4(10) of
                                                                                the Indian Child Welfare Act of 1978.19 For purposes of the pre-
                                                                                ceding sentence, section 3(d) is applied by treating ‘‘former Indian
                                                                                reservations in Oklahoma’’ as including only lands that are (1)
                                                                                within the jurisdictional area of an Oklahoma Indian tribe as de-
                                                                                termined by the Secretary of the Interior, and (2) recognized by
                                                                                such Secretary as an area eligible for trust land status under 25
                                                                                C.F.R. Part 151 (as in effect on August 5, 1997).
                                                                                   An employee is not treated as a qualified employee for any tax-
                                                                                able year of the employer if the total amount of wages paid or in-
                                                                                curred by the employer with respect to such employee during the
                                                                                taxable year exceeds an amount determined at an annual rate of
                                                                                $30,000 (which after adjustment for inflation is $45,000 for 2017).20
                                                                                In addition, an employee will not be treated as a qualified em-
                                                                                ployee under certain specific circumstances, such as where the em-
                                                                                ployee is related to the employer (in the case of an individual em-
                                                                                ployer) or to one of the employer’s specified shareholders, owners,
                                                                                partners, grantors, beneficiaries, or fiduciaries, or is a dependent
                                                                                thereof.21 Similarly, an employee will not be treated as a qualified
                                                                                employee where the employee has more than a five percent owner-
                                                                                ship interest in the employer. Finally, an employee will not be con-
                                                                                sidered a qualified employee to the extent the employee’s services
                                                                                relate to gaming activities or are performed in a building housing
                                                                                such activities.
                                                                                   The wage credit is available for wages paid or incurred in taxable
                                                                                years beginning on or before December 31, 2017.
                                                                                                                     REASONS FOR CHANGE

                                                                                  To further encourage employment on Indian reservations, the
                                                                                Committee believes the Indian employment credit should be ex-
                                                                                tended.
                                                                                                                 EXPLANATION OF PROVISION

                                                                                  The provision extends the Indian employment credit for three
                                                                                years (through taxable years beginning before January 1, 2021).
                                                                                                                           EFFECTIVE DATE

                                                                                  The provision applies to taxable years beginning after December
                                                                                31, 2017.
                                                                                     17 Sec. 280C(a).




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                                                                                     18 Pub. L. No. 93–262.
                                                                                     19 Pub. L. No. 95–608.
                                                                                     20 See Instructions for Form 8845, Indian Employment Credit (2017).
                                                                                     21 Sec. 51(i)(1).




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                                                                                 2. RAILROAD TRACK MAINTENANCE CREDIT (SEC. 112 OF THE BILL AND
                                                                                                     SEC. 45G OF THE CODE)

                                                                                                                         PRESENT LAW

                                                                                In general
                                                                                  A business tax credit is allowed for 50 percent of qualified rail-
                                                                                road track maintenance expenditures paid or incurred by an eligi-
                                                                                ble taxpayer during taxable years beginning before January 1, 2018
                                                                                (the ‘‘railroad track maintenance credit’’ or ‘‘credit’’).22 For purposes
                                                                                of calculating the credit, all members of a controlled group of cor-
                                                                                porations or a group of businesses under common control are treat-
                                                                                ed as a single taxpayer, and each member’s credit is determined on
                                                                                a proportionate basis to each member’s share of the aggregate
                                                                                qualified railroad track maintenance expenditures taken into ac-
                                                                                count by the group for the credit.23 The credit may reduce a tax-
                                                                                payer’s tax liability below its tentative minimum tax.24
                                                                                Limitation
                                                                                  The railroad track maintenance credit is limited to the product
                                                                                of $3,500 times the number of miles of railroad track 25 (1) owned
                                                                                or leased by an eligible taxpayer as of the close of its taxable
                                                                                year,26 and (2) assigned to the eligible taxpayer by a Class II or
                                                                                Class III railroad that owns or leases such track at the close of the
                                                                                taxable year.27 Amounts that exceed the limitation are not carried
                                                                                over to another taxable year.28
                                                                                Assignments
                                                                                  Each mile of railroad track may be taken into account only once,
                                                                                either by the owner of such mile or by the owner’s assignee, in com-
                                                                                puting the per-mile limitation.29 Any assignment of a mile of rail-
                                                                                road track may be made only once per taxable year of the Class
                                                                                II or Class III railroad, and is treated as made at the close of such
                                                                                taxable year.30 Such assignment is taken into account for the tax-
                                                                                   22 Sec. 45G(a) and (f). An eligible taxpayer generally claims the railroad track maintenance
                                                                                credit by filing Form 8900, Qualified Railroad Track Maintenance Credit. If a taxpayer’s only
                                                                                source of the credit is a partnership or S corporation, the taxpayer may report the credit directly
                                                                                on Form 3800, General Business Credit (see Part III, line 4g).
                                                                                   23 Sec. 45G(e)(2) and Treas. Reg. sec. 1.45G–1(f). See also Notice 2013–20, 2013–15 I.R.B. 902,
                                                                                April 8, 2013; and Field Attorney Advice 20151601F, December 19, 2014.
                                                                                   24 Sec. 38(c)(4).
                                                                                   25 Double track is treated as multiple lines of railroad track, rather than as a single line of
                                                                                railroad track (i.e., one mile of single track is one mile, but one mile of double track is two
                                                                                miles). Treas. Reg. sec. 1.45G–1(b)(9).
                                                                                   26 A Class II or Class III owns railroad track if the railroad track is subject to the allowance
                                                                                for depreciation under section 167 by such Class II or Class III railroad. Treas. Reg. sec. 1.45G–
                                                                                1(b)(2). Railroad track generally has a seven-year MACRS recovery period. Sec. 168(e)(3)(C)(i)
                                                                                and asset class 40.4 of Rev. Proc. 87–56, 1987–2 C.B. 674. Alternatively, railroad structures and
                                                                                similar improvements (e.g., bridges, elevated structures, fences, etc.) generally have a 20-year
                                                                                MACRS recovery period (see asset class 40.2 of Rev. Proc. 87–56), while railroad grading and
                                                                                tunnel bores have a 50-year recovery period (see sec. 168(c)). The term ‘‘railroad grading or tun-
                                                                                nel bore’’ means all improvements resulting from excavations (including tunneling), construction
                                                                                of embankments, clearings, diversions of roads and streams, sodding of slopes, and from similar
                                                                                work necessary to provide, construct, reconstruct, alter, protect, improve, replace, or restore a
                                                                                roadbed or right-of-way for railroad track. Sec. 168(e)(4).
                                                                                   27 Sec. 45G(b)(1).
                                                                                   28 Treas. Reg. sec. 1.45G–1(c)(2)(iii).
                                                                                   29 Sec. 45G(b)(2). See also Treas. Reg. sec. 1.45G–1(d).




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                                                                                   30 An assignor must file Form 8900 with its timely filed (including extensions) Federal income
                                                                                tax return for the taxable year for which it assigns any mile of eligible railroad track, even if
                                                                                it is not itself claiming the railroad track maintenance credit for that taxable year. Treas. Reg.
                                                                                                                                                                         Continued




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                                                                                                                                    26

                                                                                able year of the assignee that includes the date that such assign-
                                                                                ment is treated as effective. However, assignments, including re-
                                                                                lated expenditures paid or incurred, for taxable years ending after
                                                                                January 1, 2017, and before January 1, 2018, are treated as effec-
                                                                                tive as of the close of such taxable year if made pursuant to a writ-
                                                                                ten agreement entered into no later than May 10, 2018.31
                                                                                Eligible taxpayer
                                                                                  An eligible taxpayer means any Class II or Class III railroad,
                                                                                and any person (including a Class I railroad) 32 who transports
                                                                                property using the rail facilities 33 of a Class II or Class III railroad
                                                                                or who furnishes railroad-related property 34 or services 35 to a
                                                                                Class II or Class III railroad, but only with respect to miles of rail-
                                                                                road track assigned to such person by such railroad under the pro-
                                                                                vision.36
                                                                                  The terms Class II or Class III railroad have the meanings given
                                                                                by the Surface Transportation Board without regard to the con-
                                                                                trolled group rules under section 45G(e)(2).37
                                                                                Qualified railroad track maintenance expenditures
                                                                                   Qualified railroad track maintenance expenditures are defined as
                                                                                gross expenditures (whether or not otherwise chargeable to capital
                                                                                account 38) for maintaining railroad track (including roadbed,
                                                                                bridges, and related track structures) owned or leased as of Janu-
                                                                                ary 1, 2015, by a Class II or Class III railroad, determined without
                                                                                regard to any consideration for such expenditure given by the Class
                                                                                II or Class III railroad which made the assignment of such track.39
                                                                                sec. 1.45G–1(d)(4). Both the assignor and the assignee must attach a statement to Form 8900
                                                                                detailing the information required by Treas. Reg. sec. 1.45G–1(d)(4).
                                                                                  31 Bipartisan Budget Act of 2018, Pub. L. No. 115–123, Division D, Title I, Subtitle B, sec.
                                                                                40302(b)(2), February 9, 2018.
                                                                                  32 The Surface Transportation Board currently classifies a Class I railroad as a carrier with
                                                                                annual operating revenue of $447,621,226 or more. The seven Class I railroads are BNSF Rail-
                                                                                way Company, Kansas City Southern Railway Company, Union Pacific Railway Company, Soo
                                                                                Line Railroad Company (Canadian Pacific’s U.S. operations), CSX Transportation Inc., Norfolk
                                                                                Southern Railway Company, and Grand Trunk Corporation (Canadian National’s U.S. oper-
                                                                                ations). See the Surface Transportation Board FAQs—Economic and Industry Information,
                                                                                available at https://www.stb.gov/stb/faqs.html.
                                                                                  33 Rail facilities of a Class II or Class III railroad are railroad yards, tracks, bridges, tunnels,
                                                                                wharves, docks, stations, and other related assets that are used in the transport of freight by
                                                                                a railroad and owned or leased by that railroad. Treas. Reg. sec. 1.45G–1(b)(6).
                                                                                  34 Railroad-related property is property that is unique to railroads and provided directly to a
                                                                                Class II or Class III railroad. See Treas. Reg. sec. 1.45G–1(b)(7) for a detailed description.
                                                                                  35 Railroad-related services are services that are provided directly to, and are unique to, a rail-
                                                                                road and that relate to railroad shipping, loading and unloading of railroad freight, or repairs
                                                                                of rail facilities or railroad-related property. See Treas. Reg. sec. 1.45G–1(b)(8) for a detailed de-
                                                                                scription.
                                                                                  36 Sec. 45G(c).
                                                                                  37 Sec. 45G(e)(1) and Treas. Reg. sec. 1.45G–1(b)(1). The Surface Transportation Board cur-
                                                                                rently classifies a Class II railroad as a carrier with annual operating revenue of less than
                                                                                $447,621,226 but in excess of $35,809,698, and a Class III railroad as a carrier with annual op-
                                                                                erating revenue of $35,809,698 or less. See the Surface Transportation Board FAQs—Economic
                                                                                and Industry Information, available at https://www.stb.gov/stb/faqs.html.
                                                                                  38 All or some of the qualified railroad track maintenance expenditures may be required to
                                                                                be capitalized under section 263(a) as a tangible or intangible asset. See, e.g., Treas. Reg. sec.
                                                                                1.263(a)–4(d)(8), which requires the capitalization of amounts paid or incurred by a taxpayer to
                                                                                produce or improve real property owned by another (except to the extent the taxpayer is selling
                                                                                services at fair market value to produce or improve the real property) if the real property can
                                                                                reasonably be expected to produce significant economic benefits for the taxpayer. The basis of
                                                                                the tangible or intangible asset includes the capitalized amount of the qualified railroad track
                                                                                maintenance expenditures. Treas. Reg. sec. 1.45G–1(e)(1). Note that for purposes of Treas. Reg.
                                                                                sec. 1.263(a)–4(d)(8), real property includes property that is affixed to real property and that




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                                                                                will ordinarily remain affixed for an indefinite period of time. Treas. Reg. sec. 1.263(a)–
                                                                                4(d)(8)(iii). Intangible assets described in Treas. Reg. sec. 1.263(a)–4(d)(8) are generally depre-
                                                                                ciable ratably over 25 years. See Treas. Reg. sec. 1.167(a)–3.
                                                                                  39 Sec. 45G(d); Treas. Reg. sec. 1.45G–1(b)(5).




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                                                                                However, consideration received directly or indirectly from persons
                                                                                other than the Class II or Class III railroad does reduce the
                                                                                amount of qualified railroad track maintenance expenditures.40
                                                                                Any amount that an assignee pays an assignor in exchange for an
                                                                                assignment of one or more miles of eligible railroad is treated as
                                                                                qualified railroad track maintenance expenditures paid or incurred
                                                                                by the assignee at the time and to the extent the assignor pays or
                                                                                incurs qualified railroad track maintenance expenditures.41
                                                                                                                          BASIS ADJUSTMENT

                                                                                   Basis of the railroad track must be reduced (but not below zero)
                                                                                by an amount equal to 100 percent of the taxpayer’s qualified rail-
                                                                                road track maintenance tax credit determined for the taxable
                                                                                year.42 The basis reduction is taken into account before the depre-
                                                                                ciation deduction with respect to such railroad track is determined
                                                                                for the taxable year for which the railroad track maintenance cred-
                                                                                it is allowable.43 If all or some of the qualified railroad track main-
                                                                                tenance expenditures paid or incurred by an eligible taxpayer dur-
                                                                                ing the taxable year is capitalized under section 263(a) to more
                                                                                than one asset, whether tangible or intangible, the reduction to the
                                                                                basis of these assets is allocated among each of the assets subject
                                                                                to the reduction in proportion to the unadjusted basis of each asset
                                                                                at the time the qualified railroad track maintenance expenditures
                                                                                are paid or incurred during that taxable year.44
                                                                                                                      REASONS FOR CHANGE

                                                                                  The Committee believes that Class II and Class III railroads are
                                                                                an important part of the nation’s railway system. Therefore, the
                                                                                Committee believes that this incentive for railroad track mainte-
                                                                                nance expenditures should be extended.
                                                                                                                  EXPLANATION OF PROVISION

                                                                                  The provision extends the present law credit for three years, for
                                                                                qualified railroad track maintenance expenditures paid or incurred
                                                                                during taxable years beginning before January 1, 2021.
                                                                                                                           EFFECTIVE DATE

                                                                                   The provision generally applies to expenditures paid or incurred
                                                                                during taxable years beginning after December 31, 2017.
                                                                                   The provision also provides a safe harbor that treats assign-
                                                                                ments, including related expenditures paid or incurred, for taxable
                                                                                years beginning on or after January 1, 2018, and before January
                                                                                1, 2019, as effective as of the close of such taxable year if made
                                                                                pursuant to a written agreement entered into no later than 90 days
                                                                                following the date of enactment.



                                                                                     40 Treas. Reg. sec. 1.45G–1(c)(3)(ii).




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                                                                                     41 Treas. Reg. sec. 1.45G–1(c)(3).
                                                                                     42 Sec. 45G(e)(3). See also sec. 1016(a)(29) and Treas. Reg. Sec. 1.45G–1(e).
                                                                                     43 Treas. Reg. sec. 1.45G–1(e)(2).
                                                                                     44 Ibid.




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                                                                                     3. MINE RESCUE TEAM TRAINING CREDIT (SEC. 113 OF THE BILL AND
                                                                                                        SEC. 45N OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                   An eligible employer may claim a general business credit against
                                                                                income tax with respect to each qualified mine rescue team em-
                                                                                ployee equal to the lesser of (1) 20 percent of the amount paid or
                                                                                incurred by the taxpayer during the taxable year with respect to
                                                                                the training program costs of the qualified mine rescue team em-
                                                                                ployee (including the wages of the employee while attending the
                                                                                program) or (2) $10,000.45
                                                                                   A qualified mine rescue team employee is any full-time employee
                                                                                of the taxpayer who is a miner eligible for more than six months
                                                                                of a taxable year to serve as a mine rescue team member by virtue
                                                                                of either having completed the initial 20-hour course of instruction
                                                                                prescribed by the Mine Safety and Health Administration’s Office
                                                                                of Educational Policy and Development, or receiving at least 40
                                                                                hours of refresher training in such instruction.46
                                                                                   An eligible employer is any taxpayer which employs individuals
                                                                                as miners in underground mines in the United States.47 The term
                                                                                ‘‘wages’’ has the meaning given to such term by section 3306(b) 48
                                                                                (determined without regard to any dollar limitation contained in
                                                                                that section).49
                                                                                   No deduction is allowed for the portion of the expenses otherwise
                                                                                deductible that is equal to the amount of the credit.50 The credit
                                                                                does not apply to taxable years beginning after December 31,
                                                                                2017.51 Additionally, the credit is not allowable for purposes of
                                                                                computing the alternative minimum tax.52
                                                                                                                    REASONS FOR CHANGE

                                                                                  The Committee believes that mine rescue teams help ensure the
                                                                                safety of those operating in and around a mine in the event of an
                                                                                accident. Therefore, the Committee believes that this incentive for
                                                                                costs incurred to train mine rescue teams should be extended.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision extends the credit for three years through taxable
                                                                                years beginning before January 1, 2021.
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to taxable years beginning after December
                                                                                31, 2017.


                                                                                     45 Sec. 45N(a).
                                                                                     46 Sec. 45N(b).
                                                                                     47 Sec. 45N(c).
                                                                                     48 Section 3306(b) defines wages for purposes of Federal Unemployment Tax.
                                                                                     49 Sec. 45N(d).
                                                                                     50 Sec. 280C(e).
                                                                                     51 Sec. 45N(e).




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                                                                                  52 Sec. 38(c). Note that the corporate alternative minimum tax was repealed for taxable years

                                                                                beginning after December 31, 2017. See An Act to Provide for Reconciliation Pursuant to Titles
                                                                                II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018, Pub. L. No. 115–
                                                                                97, sec. 12001, December 22, 2017.




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                                                                                4. SEVEN-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
                                                                                  COMPLEXES (SEC. 114 OF THE BILL AND SEC. 168(i)(15) OF THE CODE)

                                                                                                                         PRESENT LAW

                                                                                       In general
                                                                                  A taxpayer generally must capitalize the cost of property used in
                                                                                a trade or business or held for the production of income and recover
                                                                                such cost over time through annual deductions for depreciation or
                                                                                amortization.53 The period for depreciation or amortization gen-
                                                                                erally begins when the asset is placed in service by the taxpayer.54
                                                                                Tangible property generally is depreciated under the modified ac-
                                                                                celerated cost recovery system (‘‘MACRS’’), which determines de-
                                                                                preciation for different types of property based on an assigned ap-
                                                                                plicable depreciation method, recovery period, and convention.55
                                                                                  The applicable recovery period for an asset is determined in part
                                                                                by statute and in part by historic Treasury guidance.56 The ‘‘type
                                                                                of property’’ of an asset is used to determine the ‘‘class life’’ of the
                                                                                asset, which in turn dictates the applicable recovery period for the
                                                                                asset.
                                                                                  The MACRS recovery periods applicable to most tangible per-
                                                                                sonal property range from three to 20 years. The depreciation
                                                                                methods generally applicable to tangible personal property are the
                                                                                200-percent and 150-percent declining balance methods,57 switch-
                                                                                ing to the straight line method for the first taxable year where
                                                                                using the straight line method with respect to the adjusted basis
                                                                                as of the beginning of that year yields a larger depreciation allow-
                                                                                ance.
                                                                                       Real property
                                                                                  The recovery periods for most real property are 39 years for non-
                                                                                residential real property and 27.5 years for residential rental prop-
                                                                                erty.58 The straight line depreciation method is required for the
                                                                                aforementioned real property.59 In addition, nonresidential real
                                                                                   53 See secs. 263(a) and 167. In general, only the tax owner of property (i.e., the taxpayer with
                                                                                the benefits and burdens of ownership) is entitled to claim tax benefits such as cost recovery
                                                                                deductions with respect to the property. In addition, where property is not used exclusively in
                                                                                a taxpayer’s business, the amount eligible for a deduction must be reduced by the amount re-
                                                                                lated to personal use. See, e.g., sec. 280A.
                                                                                   54 See Treas. Reg. secs. 1.167(a)–10(b), –3, –14, and 1.197–2(f). See also Treas. Reg. sec.
                                                                                1.167(a)–11(e)(1)(i).
                                                                                   55 Sec. 168.
                                                                                   56 Exercising authority granted by Congress, the Secretary issued Rev. Proc. 87–56, 1987–2
                                                                                C.B. 674, laying out the framework of recovery periods for enumerated classes of assets. The
                                                                                Secretary clarified and modified the list of asset classes in Rev. Proc. 88–22, 1988–1 C.B. 785.
                                                                                In November 1988, Congress revoked the Secretary’s authority to modify the class lives of depre-
                                                                                ciable property. Rev. Proc. 87–56, as modified, remains in effect except to the extent that the
                                                                                Congress has, since 1988, statutorily modified the recovery period for certain depreciable assets,
                                                                                effectively superseding any administrative guidance with regard to such property.
                                                                                   57 Under the declining balance method, the depreciation rate is determined by dividing the
                                                                                appropriate percentage (here 150 or 200) by the appropriate recovery period. This leads to accel-
                                                                                erated depreciation when the declining balance percentage is greater than 100. The table below
                                                                                illustrates depreciation for an asset with a cost of $1,000 and a seven-year recovery period under
                                                                                the 200-percent declining balance method, the 150-percent declining balance method, and the
                                                                                straight line method.
                                                                                   Recovery method                   Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Total
                                                                                   200-percent declining balance 285.71 204.08 145.77 104.12 86.77 86.77 86.77 1,000.00
                                                                                   150-percent declining balance 214.29 168.37 132.29 121.26 121.26 121.26 121.26 1,000.00




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                                                                                   Straight-line                     142.86 142.86 142.86 142.86 142.86 142.86 142.86 1,000.00
                                                                                   * Details may not add to totals due to rounding.
                                                                                   58 Sec. 168(c).
                                                                                   59 Sec. 168(b)(3).




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                                                                                and residential rental property are both subject to the mid-month
                                                                                convention, which treats all property placed in service during any
                                                                                month (or disposed of during any month) as placed in service (or
                                                                                disposed of) on the mid-point of such month.60 All other property
                                                                                generally is subject to the half-year convention, which treats all
                                                                                property placed in service during any taxable year (or disposed of
                                                                                during any taxable year) as placed in service (or disposed of) on the
                                                                                mid-point of such taxable year.61
                                                                                   Land improvements (such as roads and fences) are generally re-
                                                                                covered using the 150-percent declining balance method, a recovery
                                                                                period of 15 years, and the half-year convention.62 An exception ex-
                                                                                ists for the theme and amusement park industry, whose assets are
                                                                                generally assigned a recovery period of seven years by asset class
                                                                                80.0 of Rev. Proc. 87–56.63 Racetrack facilities are excluded from
                                                                                the definition of theme and amusement park facilities classified
                                                                                under asset class 80.0.64
                                                                                   Although racetrack facilities are excluded from asset class 80.0,
                                                                                the statute assigns a recovery period of seven years to motorsports
                                                                                entertainment complexes placed in service before January 1,
                                                                                2018.65 For this purpose, a motorsports entertainment complex
                                                                                means a racing track facility which (1) is permanently situated on
                                                                                land, and (2) during the 36-month period following its placed-in-
                                                                                service date, hosts one or more racing events for automobiles, (of
                                                                                any type) trucks, or motorcycles which are open to the public for
                                                                                the price of admission.66
                                                                                   A motorsports entertainment complex also includes ancillary fa-
                                                                                cilities, land improvements (e.g., parking lots, sidewalks, water-
                                                                                ways, bridges, fences, and landscaping), support facilities (e.g., food
                                                                                and beverage retailing, souvenir vending, and other nonlodging ac-
                                                                                commodations), and appurtenances associated with such facilities
                                                                                and related attractions and amusements (e.g., ticket booths, race
                                                                                track surfaces, suites and hospitality facilities, grandstands and
                                                                                viewing structures, props, walls, facilities that support the delivery
                                                                                     60 Sec. 168(d)(2) and (d)(4)(B).
                                                                                  61 Sec. 168(d)(1) and (d)(4)(A). However, if substantial property is placed in service during the
                                                                                last three months of a taxable year, a special rule requires use of the mid-quarter convention,
                                                                                which treats all property placed in service (or disposed of) during any quarter as placed in serv-
                                                                                ice (or disposed of) on the mid-point of such quarter. Sec. 168(d)(3) and (d)(4)(C). Nonresidential
                                                                                real property, residential rental property, and railroad grading or tunnel bore are not taken into
                                                                                account for purposes of the mid-quarter convention.
                                                                                  62 Sec. 168(b)(2)(A) and asset class 00.3 of Rev. Proc. 87–56. Under the 150-percent declining
                                                                                balance method, the depreciation rate is determined by dividing 150 percent by the appropriate
                                                                                recovery period, switching to the straight-line method for the first taxable year where using the
                                                                                straight-line method with respect to the adjusted basis as of the beginning of that year will yield
                                                                                a larger depreciation allowance. Sec. 168(b)(2) and (b)(1)(B).
                                                                                  63 This asset class includes assets used in the provision of rides, attractions, and amusements
                                                                                in activities defined as theme and amusement parks, and includes appurtenances associated
                                                                                with a ride, attraction, amusement or theme setting within the park such as ticket booths, fa-
                                                                                cades, shop interiors, and props, special purpose structures, and buildings other than ware-
                                                                                houses, administration buildings, hotels, and motels. It also includes all land improvements for
                                                                                or in support of park activities (e.g., parking lots, sidewalks, waterways, bridges, fences, land-
                                                                                scaping, etc.) and support functions (e.g., food and beverage retailing, souvenir vending and
                                                                                other nonlodging accommodations) if owned by the park and provided exclusively for the benefit
                                                                                of park patrons. Theme and amusement parks are defined as combinations of amusements,
                                                                                rides, and attractions which are permanently situated on park land and open to the public for
                                                                                the price of admission. This asset class is a composite of all assets used in this industry except
                                                                                transportation equipment (general purpose trucks, cars, airplanes, etc., which are included in
                                                                                asset classes with the prefix 00.2), assets used in the provision of administrative services (asset
                                                                                classes with the prefix 00.1), and warehouses, administration buildings, hotels and motels.




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                                                                                  64 See Joint Committee on Taxation, General Explanation of Tax Legislation Enacted in the
                                                                                108th Congress (JCS–5–05), May 2005, p. 328.
                                                                                  65 Sec. 168(e)(3)(C)(ii) and (i)(15)(D).
                                                                                  66 Sec. 168(i)(15)(A).




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                                                                                of entertainment services, other special purpose structures, fa-
                                                                                cades, shop interiors, and buildings).67 Such ancillary and support
                                                                                facilities must be (1) owned by the taxpayer who owns the motor-
                                                                                sports entertainment complex, and (2) provided for the benefit of
                                                                                patrons of the motorsports entertainment complex.
                                                                                  A motorsports entertainment complex does not include any trans-
                                                                                portation equipment, administrative services assets, warehouses,
                                                                                administrative buildings, hotels, or motels.68
                                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that certain depreciation incentives en-
                                                                                courage State and local economic development. Therefore, the Com-
                                                                                mittee believes that the seven-year recovery period for motorsports
                                                                                entertainment complex property should be extended.
                                                                                                                            EXPLANATION OF PROVISION

                                                                                  The provision extends the seven-year recovery period for motor-
                                                                                sports entertainment complexes for three years to apply to property
                                                                                placed in service before January 1, 2021.
                                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to property placed in service after Decem-
                                                                                ber 31, 2017.
                                                                                  5. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
                                                                                   RESERVATIONS (SEC. 115 OF THE BILL AND SEC. 168(j) OF THE CODE)

                                                                                                                                            PRESENT LAW

                                                                                   With respect to certain property used in connection with the con-
                                                                                duct of a trade or business within an Indian reservation, deprecia-
                                                                                tion deductions under section 168(j) are determined using the fol-
                                                                                lowing recovery periods:
                                                                                3-year property ................................................................................................................      2 years
                                                                                5-year property ................................................................................................................      3 years
                                                                                7-year property ................................................................................................................      4 years
                                                                                10-year property ..............................................................................................................       6 years
                                                                                15-year property ..............................................................................................................       9 years
                                                                                20-year property ..............................................................................................................      12 years
                                                                                Nonresidential real property ..........................................................................................            22 years 69
                                                                                   ‘‘Qualified Indian reservation property’’ eligible for accelerated
                                                                                depreciation includes property described in the table above which
                                                                                is (1) used by the taxpayer predominantly in the active conduct of
                                                                                a trade or business within an Indian reservation; (2) not used or
                                                                                located outside the reservation on a regular basis; (3) not acquired
                                                                                (directly or indirectly) by the taxpayer from a person who is related
                                                                                to the taxpayer; 70 and (4) is not property placed in service for pur-
                                                                                poses of conducting or housing certain gaming activities.71
                                                                                   Certain ‘‘qualified infrastructure property’’ may be eligible for the
                                                                                accelerated depreciation, even if located outside an Indian reserva-
                                                                                     67 Sec. 168(i)(15)(B).
                                                                                     68 Sec. 168(i)(15)(C).




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                                                                                  69 Section 168(j)(2) does not provide shorter recovery periods for water utility property, resi-
                                                                                dential rental property, or railroad grading and tunnel bores.
                                                                                  70 For these purposes, the term ‘‘related persons’’ is defined in section 465(b)(3)(C).
                                                                                  71 Sec. 168(j)(4)(A).




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                                                                                                                                      32

                                                                                tion, provided that the purpose of such property is to connect with
                                                                                qualified infrastructure property located within the reservation
                                                                                (e.g., roads, power lines, water systems, railroad spurs, and com-
                                                                                munications facilities).72
                                                                                   An ‘‘Indian reservation’’ means a reservation as defined in sec-
                                                                                tion 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)) 73
                                                                                or section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C.
                                                                                1903(10)).74 For purposes of the preceding sentence, section 3(d) is
                                                                                applied by treating ‘‘former Indian reservations in Oklahoma’’ as
                                                                                including only lands that are (1) within the jurisdictional area of
                                                                                an Oklahoma Indian tribe as determined by the Secretary of the
                                                                                Interior, and (2) recognized by such Secretary as an area eligible
                                                                                for trust land status under 25 C.F.R. Part 151 (as in effect on Au-
                                                                                gust 5, 1997).75
                                                                                   The depreciation deduction allowed for regular tax purposes is
                                                                                also allowed for purposes of the alternative minimum tax.76
                                                                                   The accelerated depreciation for qualified Indian reservation
                                                                                property is available with respect to property placed in service be-
                                                                                fore January 1, 2018.77 A taxpayer may annually make an irrev-
                                                                                ocable election out of section 168(j) on a class-by-class basis.78
                                                                                                                     REASONS FOR CHANGE

                                                                                  To further encourage economic development within and expand
                                                                                employment opportunities on Indian reservations, the Committee
                                                                                believes accelerated depreciation for qualified Indian reservation
                                                                                property should be extended.
                                                                                                                 EXPLANATION OF PROVISION

                                                                                   The provision extends for three years the accelerated deprecia-
                                                                                tion for qualified Indian reservation property to apply to property
                                                                                placed in service before January 1, 2021.
                                                                                                                           EFFECTIVE DATE

                                                                                  The provision applies to property placed in service after Decem-
                                                                                ber 31, 2017.
                                                                                      6. EXPENSING RULES FOR CERTAIN PRODUCTIONS (SEC. 116 OF THE
                                                                                                     BILL AND SEC. 181 OF THE CODE)

                                                                                                                            PRESENT LAW

                                                                                  Under section 181, a taxpayer may elect 79 to deduct up to $15
                                                                                million of the aggregate production costs of any qualified film, tele-
                                                                                vision or live theatrical production, commencing prior to January
                                                                                1, 2018,80 in the year the costs are paid or incurred by the tax-
                                                                                     72 Sec. 168(j)(4)(C).
                                                                                     73 Pub. L. No. 93–262.
                                                                                     74 Pub. L. No. 95–608.
                                                                                     75 Sec. 168(j)(6).
                                                                                  76 Sec. 168(j)(3). Note that the corporate alternative minimum tax was repealed for taxable
                                                                                years beginning after December 31, 2017. See An Act to Provide for Reconciliation Pursuant to
                                                                                Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018, Pub. L. No.
                                                                                115–97, sec. 12001, December 22, 2017.
                                                                                  77 Sec. 168(j)(9).
                                                                                  78 Sec. 168(j)(8).




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                                                                                  79 See Treas. Reg. sec. 1.181–2 for rules on making (and revoking) an election under section
                                                                                181.
                                                                                  80 For purposes of determining whether a production is eligible for section 181 expensing, a
                                                                                qualified film or television production is treated as commencing on the first date of principal




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                                                                                                                                    33

                                                                                payer, in lieu of capitalizing the costs and recovering them through
                                                                                depreciation allowances once the production is placed in service.81
                                                                                The dollar limitation is increased to $20 million if a significant
                                                                                amount of the production costs are incurred in areas eligible for
                                                                                designation as a low-income community or eligible for designation
                                                                                by the Delta Regional Authority as a distressed county or isolated
                                                                                area of distress.82
                                                                                   A section 181 election may only be made by an owner of the pro-
                                                                                duction.83 An owner of a production is any person that is required
                                                                                under section 263A to capitalize the costs of producing the produc-
                                                                                tion into the cost basis of the production, or that would be required
                                                                                to do so if section 263A applied to that person.84 In addition, the
                                                                                aggregate production costs of a qualified production that is co-pro-
                                                                                duced include all production costs, regardless of funding source, in
                                                                                determining if the applicable dollar limit is exceeded. Thus, the
                                                                                term ‘‘aggregate production costs’’ means all production costs paid
                                                                                or incurred by any person, whether paid or incurred directly by an
                                                                                owner or indirectly on behalf of an owner.85 The costs of the pro-
                                                                                duction in excess of the applicable dollar limitation are capitalized
                                                                                and recovered under the taxpayer’s method of accounting for the
                                                                                recovery of such property once placed in service.86
                                                                                   A qualified film, television, or live theatrical production means
                                                                                any production of a motion picture (whether released theatrically
                                                                                or directly to video cassette or any other format), television pro-
                                                                                gram, or live staged play if at least 75 percent of the total com-
                                                                                pensation expended on the production is for services performed in
                                                                                the United States by actors, directors, producers, and other rel-
                                                                                evant production personnel.87 Solely for purposes of this rule, the

                                                                                photography. The date on which a qualified live theatrical production commences is the date
                                                                                of the first public performance of such production for a paying audience.
                                                                                   81 Sec. 181(a)(2)(A). See Treas. Reg. sec. 1.181–1 for rules on determining eligible production

                                                                                costs. Eligible production costs under section 181 include participations and residuals paid or
                                                                                incurred. Treas. Reg. sec. 1.181–1(a)(3)(i). The special rule in section 167(g)(7) that allows tax-
                                                                                payers using the income forecast method of depreciation to include participations and residuals
                                                                                that have not met the economic performance requirements in the adjusted basis of the property
                                                                                for the taxable year the property is placed in service does not apply for purposes of section 181.
                                                                                Treas. Reg. sec. 1.181–1(a)(8). Thus, under section 181, a taxpayer may only include participa-
                                                                                tions and residuals actually paid or incurred in eligible production costs. Further, production
                                                                                costs do not include the cost of obtaining a production after its initial release or broadcast. See
                                                                                Treas. Reg. sec. 1.181–1(a)(3). For this purpose, ‘‘initial release or broadcast’’ means the first
                                                                                commercial exhibition or broadcast of a production to an audience. Treas. Reg. sec. 1.181–1(a)(7).
                                                                                Thus, e.g., a taxpayer may not expense the purchase of an existing film library under section
                                                                                181. See T.D. 9551, 76 Fed. Reg. 64816, October 19, 2011.
                                                                                   82 Sec. 181(a)(2)(B).
                                                                                   83 Treas. Reg. sec. 1.181–1(a).
                                                                                   84 Treas. Reg. sec. 1.181–1(a)(2)(i).
                                                                                   85 Treas. Reg. sec. 1.181–1(a)(4). See Treas. Reg. sec. 1.181–2(c)(3) for the information required

                                                                                to be provided to the Internal Revenue Service when more than one person will claim deductions
                                                                                under section 181 for a production (to ensure that the applicable deduction limitation is not ex-
                                                                                ceeded).
                                                                                   86 See Joint Committee on Taxation, General Explanation of Tax Legislation Enacted in the

                                                                                110th Congress (JCS–1–09), March 2009, p. 448; and Treas. Reg. sec. 1.181–1(c)(2). A production
                                                                                is generally considered to be placed in service at the time of initial release, broadcast, or live
                                                                                staged performance (i.e., at the time of the first commercial exhibition, broadcast, or live staged
                                                                                performance of a production to an audience). See, e.g., Rev. Rul. 79–285, 1979–2 C.B. 91; and
                                                                                Priv. Ltr. Rul. 9010011, March 9, 1990. See also, Treas. Reg. sec. 1.181–1(a)(7). However, a pro-
                                                                                duction generally may not be considered to be placed in service if it is only exhibited, broad-




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                                                                                casted or performed for a limited test audience in advance of the commercial exhibition, broad-
                                                                                cast, or performance to general audiences. See Priv. Ltr. Rul. 9010011 and Treas. Reg. sec.
                                                                                1.181–1(a)(7).
                                                                                   87 Sec. 181(d)(3)(A).




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                                                                                                                                    34

                                                                                term ‘‘compensation’’ does not include participations and residuals
                                                                                (as defined in section 167(g)(7)(B)).88
                                                                                   Each episode of a television series is treated as a separate pro-
                                                                                duction, and only the first 44 episodes of a particular series qualify
                                                                                under the provision.89 Qualified productions do not include sexually
                                                                                explicit productions as referenced by section 2257 of title 18 of the
                                                                                U.S. Code.90
                                                                                   A qualified live theatrical production is defined as a live staged
                                                                                production of a play (with or without music) which is derived from
                                                                                a written book or script and is produced or presented by a commer-
                                                                                cial entity in any venue which has an audience capacity of not
                                                                                more than 3,000, or a series of venues the majority of which have
                                                                                an audience capacity of not more than 3,000.91 In addition, quali-
                                                                                fied live theatrical productions include any live staged production
                                                                                which is produced or presented by a taxable entity no more than
                                                                                10 weeks annually in any venue which has an audience capacity
                                                                                of not more than 6,500.92 In general, in the case of multiple live-
                                                                                staged productions, each such live-staged production is treated as
                                                                                a separate production. Similar to the exclusion for sexually explicit
                                                                                productions from the definition of qualified film or television pro-
                                                                                ductions, qualified live theatrical productions do not include stage
                                                                                performances that would be excluded by section 2257(h)(1) of title
                                                                                18 of the U.S. Code, if such provision were extended to live stage
                                                                                performances.93
                                                                                   For purposes of recapture under section 1245, any deduction al-
                                                                                lowed under section 181 is treated as if it were a deduction allow-
                                                                                able for amortization.94 Thus, the deduction under section 181 may
                                                                                be subject to recapture as ordinary income in the taxable year in
                                                                                which (1) the taxpayer revokes a section 181 election, (2) the pro-
                                                                                duction fails to meet the requirements of section 181, or (3) the tax-
                                                                                payer sells or otherwise disposes of the production.95
                                                                                                                   REASONS FOR CHANGE

                                                                                   To further encourage investment in and financing of domestic
                                                                                film, television, and certain live theatrical productions, the Com-
                                                                                mittee believes that section 181 should be extended.
                                                                                                               EXPLANATION OF PROVISION

                                                                                   The provision extends the special treatment for qualified film,
                                                                                television, and live theatrical productions under section 181 for
                                                                                three years to qualified productions commencing prior to January
                                                                                1, 2021.
                                                                                  88 Sec. 181(d)(3)(B). Participations and residuals are defined as, with respect to any property,

                                                                                costs the amount of which by contract varies with the amount of income earned in connection
                                                                                with such property. See also Treas. Reg. sec. 1.181–3(c).
                                                                                  89 Sec. 181(d)(2)(B).
                                                                                  90 Sec. 181(d)(2)(C).
                                                                                  91 Sec. 181(e)(2)(A).
                                                                                  92 Sec. 181(e)(2)(D).
                                                                                  93 Sec. 181(e)(2)(E).
                                                                                  94 Sec. 1245(a)(2)(C). For a discussion of the recapture rules applicable to depreciation and am-




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                                                                                ortization deductions, see Joint Committee on Taxation, Background and Present Law Relating
                                                                                to Cost Recovery and Domestic Production Activities, (JCX–19–12) February 27, 2012, pp. 45–
                                                                                46.
                                                                                  95 See Treas. Reg. sec. 1.181–4.




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                                                                                                                                     35

                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to productions commencing after December
                                                                                31, 2017.
                                                                                     7. EMPOWERMENT ZONE TAX INCENTIVES (SEC. 117 OF THE BILL AND
                                                                                            SECS. 1391, 1394, 1396, 1397A, AND 1397B OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                   The Omnibus Budget Reconciliation Act of 1993 (‘‘OBRA 93’’) 96
                                                                                authorized the designation of nine empowerment zones (‘‘Round I
                                                                                empowerment zones’’) to provide tax incentives for businesses to lo-
                                                                                cate within certain targeted areas 97 designated by the Secretaries
                                                                                of the Department of Housing and Urban Development (‘‘HUD’’)
                                                                                and the U.S. Department of Agriculture (‘‘USDA’’). The first em-
                                                                                powerment zones were established in large rural areas and large
                                                                                cities. OBRA 93 also authorized the designation of 95 enterprise
                                                                                communities,98 which were located in smaller rural areas and cit-
                                                                                ies.99
                                                                                   The Taxpayer Relief Act of 1997 100 authorized the designation of
                                                                                two additional urban Round I empowerment zones, and 20 addi-
                                                                                tional empowerment zones (‘‘Round II empowerment zones’’). The
                                                                                Community Renewal Tax Relief Act of 2000 (‘‘2000 Community Re-
                                                                                newal Act’’) 101 authorized a total of 10 new empowerment zones
                                                                                (‘‘Round III empowerment zones’’), bringing the total number of au-
                                                                                thorized, and not relinquished, empowerment zones to 41.102 In ad-
                                                                                dition, the 2000 Community Renewal Act conformed the tax incen-
                                                                                tives that are available to businesses in the Round I, Round II, and
                                                                                Round III empowerment zones, and extended the empowerment
                                                                                zone incentives through December 31, 2009. Subsequent legisla-

                                                                                     96 Pub. L. No. 103–66.
                                                                                   97 The targeted areas are those that have pervasive poverty, high unemployment, and general

                                                                                economic distress, and that satisfy certain eligibility criteria, including specified poverty rates
                                                                                and population and geographic size limitations.
                                                                                   98 Sec. 1391(b)(1).
                                                                                   99 Enterprise communities were eligible for only one tax benefit: tax-exempt bond financing.

                                                                                For tax purposes, the areas designated as enterprise communities continued as such for the ten-
                                                                                year period starting 1995 and ending at the end of 2004. However, after 2004 the enterprise
                                                                                communities may still be eligible for other Federal benefits (e.g., grants and preferences).
                                                                                   100 Pub. L. No. 105–34.
                                                                                   101 Pub. L. No. 106–554. The 2000 Community Renewal Act also authorized the designation

                                                                                of 40 ‘‘renewal communities’’ within which special tax incentives were available. The tax incen-
                                                                                tives were generally available through December 31, 2009 when the renewal community des-
                                                                                ignation expired. One of the tax incentives involving the exclusion of capital gain from the sale
                                                                                or exchange of a qualified community asset continued through 2014.
                                                                                   102 The urban part of the program is administered by HUD and the rural part of the program

                                                                                is administered by the USDA. The eight urban Round I empowerment zones are Atlanta, GA;
                                                                                Baltimore, MD; Chicago, IL; Cleveland, OH; Detroit, MI; Los Angeles, CA; New York, NY; and
                                                                                Philadelphia, PA/Camden, NJ. Atlanta relinquished its empowerment zone designation in Round
                                                                                III. The three rural Round I empowerment zones are Kentucky Highlands, KY; Mid-Delta, MI;
                                                                                and Rio Grande Valley, TX. The 15 urban Round II empowerment zones are Boston, MA; Cin-
                                                                                cinnati, OH; Columbia, SC; Columbus, OH; Cumberland County, NJ; El Paso, TX; Gary/Ham-
                                                                                mond/East Chicago, IN; Ironton, OH/Huntington, WV; Knoxville, TN; Miami/Dade County, FL;
                                                                                Minneapolis, MN; New Haven, CT; Norfolk/Portsmouth, VA; Santa Ana, CA; and St. Louis, Mis-
                                                                                souri/East St. Louis, IL. The five rural Round II empowerment zones are Desert Communities,
                                                                                CA; Griggs-Steele, ND; Oglala Sioux Tribe, SD; Southernmost Illinois Delta, IL; and Southwest




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                                                                                Georgia United, GA. The eight urban Round III empowerment zones are Fresno, CA; Jackson-
                                                                                ville, FL; Oklahoma City, OK; Pulaski County, AR; San Antonio, TX; Syracuse, NY; Tucson, AZ;
                                                                                and Yonkers, NY. The two rural Round III empowerment zones are Aroostook County, ME; and
                                                                                Futuro, TX.




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                                                                                tion, most recently the Bipartisan Budget Act of 2018, extended the
                                                                                empowerment zone incentives through December 31, 2017.103
                                                                                   The tax incentives available within the designated empowerment
                                                                                zones include a Federal income tax credit for employers who hire
                                                                                qualifying employees (the ‘‘wage credit’’), increased expensing of
                                                                                qualifying depreciable property, tax-exempt bond financing, and de-
                                                                                ferral of capital gains tax on the sale of qualified assets sold and
                                                                                replaced.
                                                                                   The following is a description of the empowerment zone tax in-
                                                                                centives as in effect through 2017.
                                                                                Wage credit
                                                                                   A 20-percent wage credit is available to employers for the first
                                                                                $15,000 of qualified wages paid to each employee (i.e., a maximum
                                                                                credit of $3,000 with respect to each qualified employee) who (1) is
                                                                                a resident of the empowerment zone, and (2) performs substantially
                                                                                all employment services within the empowerment zone in a trade
                                                                                or business of the employer.104
                                                                                   The wage credit rate applies to qualifying wages paid before Jan-
                                                                                uary 1, 2018. Wages paid to a qualified employee who earns more
                                                                                than $15,000 are eligible for the wage credit (although only the
                                                                                first $15,000 of wages is eligible for the credit). The wage credit is
                                                                                available with respect to a qualified full-time or part-time employee
                                                                                (employed for at least 90 days), regardless of the number of other
                                                                                employees who work for the employer. In general, any taxable busi-
                                                                                ness carrying out activities in the empowerment zone may claim
                                                                                the wage credit.105
                                                                                   An employer’s deduction otherwise allowed for wages paid is re-
                                                                                duced by the amount of wage credit claimed for that taxable
                                                                                year.106 Wages are not to be taken into account for purposes of the
                                                                                wage credit if taken into account in determining the employer’s
                                                                                work opportunity tax credit under section 51.107 In addition, the
                                                                                $15,000 cap is reduced by any wages taken into account in com-
                                                                                puting the work opportunity tax credit.108 The wage credit may be
                                                                                used to offset up to 25 percent of the employer’s alternative min-
                                                                                imum tax liability.109
                                                                                   103 Pub. L. No. 111–312, sec. 753 (2010); Pub. L. No. 112–240, sec. 327(a) (2013); Pub. L. No.

                                                                                113–295, sec. 139 (2014); Pub. L. No. 114–113, Div. Q, sec. 171(a) (2015); and Pub. L. No. 115–
                                                                                123, sec. 40311 (2018). The empowerment zone tax incentives may expire earlier than December
                                                                                31, 2017 if a State or local government provided for an expiration date in the nomination of
                                                                                an empowerment zone, or the appropriate Secretary revokes an empowerment zone’s designa-
                                                                                tion. The State or local government may, however, amend the nomination to provide for a new
                                                                                termination date.
                                                                                   104 Sec. 1396. The $15,000 limit is annual, not cumulative, such that the limit is the first

                                                                                $15,000 of wages paid in a calendar year which ends with or within the taxable year.
                                                                                   105 However, the wage credit is not available for wages paid in connection with certain busi-

                                                                                ness activities described in section 144(c)(6)(B), including a golf course, country club, massage
                                                                                parlor, hot tub facility, suntan facility, racetrack, liquor store, or certain farming activities. In
                                                                                addition, wages are not eligible for the wage credit if paid to: (1) a person who owns more than
                                                                                five percent of the stock (or capital or profits interests) of the employer, (2) certain relatives of
                                                                                the employer, or (3) if the employer is a corporation or partnership, certain relatives of a person
                                                                                who owns more than 50 percent of the business.
                                                                                   106 Sec. 280C(a).
                                                                                   107 Sec. 1396(c)(3)(A).




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                                                                                   108 Sec. 1396(c)(3)(B).
                                                                                   109 Sec. 38(c)(2). The corporate alternative minimum tax is repealed for taxable years begin-

                                                                                ning after December 31, 2017. However, the full amount of the minimum tax credit will be al-
                                                                                lowed in taxable years beginning before 2022.




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                                                                                       Increased section 179 expensing limitation
                                                                                   An enterprise zone business 110 is allowed up to an additional
                                                                                $35,000 of section 179 expensing for qualified zone property placed
                                                                                in service before January 1, 2018.111 For taxable years beginning
                                                                                in 2017, the total amount that may be expensed is $545,000.112
                                                                                The section 179 expensing allowed to a taxpayer is reduced (but
                                                                                not below zero) by the amount by which the cost of qualifying prop-
                                                                                erty placed in service during the taxable year exceeds a specified
                                                                                dollar amount.113 However, an enterprise zone business is only re-
                                                                                quired to take into account 50 percent of the cost of qualified zone
                                                                                property placed in service during the year in determining whether
                                                                                the cost of qualifying property exceeds the specified dollar
                                                                                amount.114
                                                                                   The term ‘‘qualified zone property’’ is defined as depreciable tan-
                                                                                gible property (including buildings) provided that (i) the property
                                                                                is acquired by the taxpayer by purchase (from an unrelated party)
                                                                                after the date on which the designation of the empowerment zone
                                                                                took effect, (ii) the original use of the property in an empowerment
                                                                                zone commences with the taxpayer, and (iii) substantially all of the
                                                                                use of the property is in an empowerment zone in the active con-
                                                                                duct of a qualified trade or business by the taxpayer in such
                                                                                zone.115 Special rules are provided in the case of property that is
                                                                                substantially renovated by the taxpayer.116
                                                                                   An enterprise zone business means any qualified business entity
                                                                                and any qualified proprietorship. A qualified business entity means
                                                                                any corporation or partnership if for such year: (1) every trade or
                                                                                business of such entity is the active conduct of a qualified business
                                                                                within an empowerment zone; (2) at least 50 percent of the total
                                                                                gross income of such entity is derived from the active conduct of
                                                                                   110 Sec. 1397C. The term ‘‘enterprise zone business’’ is separate and distinct from the term
                                                                                ‘‘enterprise community.’’ Enterprise community, for purposes of the Code, means the areas des-
                                                                                ignated as such under section 1391. Sec. 1393(b). Note, however, that for purposes of section
                                                                                1394 relating to tax-exempt enterprise zone facility bonds, references to empowerment zones
                                                                                shall be treated as including references to enterprise communities. Sec. 1394(b)(3).
                                                                                   111 Sec. 1397A. Note that an Act to Provide for Reconciliation Pursuant to Titles II and V of
                                                                                the Concurrent Resolution on the Budget for Fiscal Year 2018 provides 100-percent bonus depre-
                                                                                ciation for qualified property acquired and placed in service after September 27, 2017, and be-
                                                                                fore January 1, 2023. The 100-percent allowance is phased down by 20 percent per calendar
                                                                                year for qualified property placed in service after December 31, 2022. Qualified property in-
                                                                                cludes MACRS property with an applicable recovery period of 20 years or less, and therefore
                                                                                generally includes qualified zone property other than buildings.
                                                                                   112 $510,000 section 179(b)(1) limitation + $35,000 increase for qualified zone property =
                                                                                $545,000 maximum dollar limitation. See sec. 179(b)(1) and Section 3.25 of Rev. Proc. 2016–55,
                                                                                2016–45 I.R.B. 707. For taxable years beginning after 2017, the relevant dollar amount under
                                                                                section 179(b)(1) is $1,000,000 (indexed for inflation for taxable years beginning after 2018). See
                                                                                also Section 3.25 of Rev. Proc. 2018–18, 2018–10 I.R.B. 392.
                                                                                   113 For taxable years beginning in 2017, the relevant dollar amount is $2,030,000. Sec.
                                                                                179(b)(2) and Section 3.25 of Rev. Proc. 2016–55, 2016–45 I.R.B. 707. For taxable years begin-
                                                                                ning after 2017, the relevant dollar amount under section 179(b)(2) is $2,500,000 (indexed for
                                                                                inflation for taxable years beginning after 2018). See also Section 3.25 of Rev. Proc. 2018–18,
                                                                                2018–10 I.R.B. 392.
                                                                                   114 Sec. 1397A(a)(2). For example, assume that during 2017 a calendar year taxpayer in an
                                                                                enterprise zone business purchased and placed in service $4,500,000 of section 179 property that
                                                                                is qualified zone property. The $510,000 section 179(b)(1) dollar amount for 2017 is increased
                                                                                to $545,000 (by the lesser of $35,000 or $4,500,000). That amount is reduced by the excess sec-
                                                                                tion 179 property cost amount of $220,000 ((50 percent × $4,500,000) ¥ $2,030,000)). The tax-
                                                                                payer’s expensing limitation is $325,000 ($545,000 ¥ $220,000). If the taxpayer had not been
                                                                                an enterprise zone business, its expensing limitation would be zero because the taxpayer would
                                                                                have been fully phased out.
                                                                                   115 Sec. 1397D(a)(1). Note, however, that to be eligible for the increased section 179 expensing,




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                                                                                the qualified zone property has to also meet the definition of section 179 property (e.g., building
                                                                                property would only qualify if it constitutes qualified real property under section 179(f) (prior
                                                                                to amendments by Pub. L. Nos. 115–97 and 115–141)).
                                                                                   116 Sec. 1397D(a)(2).




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                                                                                                                                     38

                                                                                such business; (3) a substantial portion of the use of the tangible
                                                                                property of such entity (whether owned or leased) is within an em-
                                                                                powerment zone; (4) a substantial portion of the intangible prop-
                                                                                erty of such entity is used in the active conduct of any such busi-
                                                                                ness; (5) a substantial portion of the services performed for such
                                                                                entity by its employees are performed in an empowerment zone; (6)
                                                                                at least 35 percent of its employees are residents of an empower-
                                                                                ment zone; (7) less than five percent of the average of the aggre-
                                                                                gate unadjusted bases of the property of such entity is attributable
                                                                                to collectibles other than collectibles that are held primarily for
                                                                                sale to customers in the ordinary course of such business; and (8)
                                                                                less than five percent of the average of the aggregate unadjusted
                                                                                bases of the property of such entity is attributable to nonqualified
                                                                                financial property.117
                                                                                   A qualified proprietorship is any qualified business carried on by
                                                                                an individual as a proprietorship if for such year: (1) at least 50
                                                                                percent of the total gross income of such individual from such busi-
                                                                                ness is derived from the active conduct of such business in an em-
                                                                                powerment zone; (2) a substantial portion of the use of the tangible
                                                                                property of such individual in such business (whether owned or
                                                                                leased) is within an empowerment zone; (3) a substantial portion
                                                                                of the intangible property of such business is used in the active
                                                                                conduct of such business; (4) a substantial portion of the services
                                                                                performed for such individual in such business by employees of
                                                                                such business are performed in an empowerment zone; (5) at least
                                                                                35 percent of such employees are residents of an empowerment
                                                                                zone; (6) less than five percent of the average of the aggregate
                                                                                unadjusted bases of the property of such individual which is used
                                                                                in such business is attributable to collectibles other than collect-
                                                                                ibles that are held primarily for sale to customers in the ordinary
                                                                                course of such business; and (7) less than five percent of the aver-
                                                                                age of the aggregate unadjusted bases of the property of such indi-
                                                                                vidual which is used in such business is attributable to non-
                                                                                qualified financial property.118
                                                                                   A qualified business is defined as any trade or business other
                                                                                than a trade or business that consists predominantly of the devel-
                                                                                opment or holding of intangibles for sale or license or any business
                                                                                prohibited in connection with the empowerment zone employment
                                                                                credit.119 In addition, the leasing of real property that is located
                                                                                within the empowerment zone is treated as a qualified business
                                                                                only if (1) the leased property is not residential rental property,
                                                                                and (2) at least 50 percent of the gross rental income from the real
                                                                                property is from enterprise zone businesses. The rental of tangible
                                                                                personal property is not a qualified business unless at least 50 per-
                                                                                cent of the rental of such property is by enterprise zone businesses
                                                                                or by residents of an empowerment zone.

                                                                                     117 Sec. 1397C(b).
                                                                                     118 Sec. 1397C(c). For these purposes, the term ‘‘employee’’ includes the proprietor.
                                                                                  119 Sec. 1397C(d). Excluded businesses include any private or commercial golf course, country




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                                                                                club, massage parlor, hot tub facility, sun tan facility, racetrack or other facility used for gam-
                                                                                bling, or any store the principal business of which is the sale of alcoholic beverages for off-prem-
                                                                                ises consumption. Sec. 144(c)(6). Also, a qualified business does not include certain large farms.
                                                                                Sec. 1397C(d)(5)(B).




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                                                                                                                                        39

                                                                                       Expanded tax-exempt financing for certain zone facilities
                                                                                   States or local governments can issue enterprise zone facility
                                                                                bonds to raise funds to provide an enterprise zone business with
                                                                                qualified zone property.120 These bonds can be used in areas des-
                                                                                ignated enterprise communities as well as areas designated em-
                                                                                powerment zones. To qualify, 95 percent (or more) of the net pro-
                                                                                ceeds from the bond issue must be used to finance: (1) qualified
                                                                                zone property whose principal user is an enterprise zone business,
                                                                                and (2) certain land functionally related and subordinate to such
                                                                                property.
                                                                                   The term enterprise zone business is the same as that used for
                                                                                purposes of the increased section 179 deduction limitation (dis-
                                                                                cussed above) with certain modifications for start-up businesses.
                                                                                First, an employee is considered a resident of an empowerment
                                                                                zone for purposes of the 35-percent in-zone employment require-
                                                                                ment if they are a resident of an empowerment zone, an enterprise
                                                                                community, or a qualified low-income community within an appli-
                                                                                cable nominating jurisdiction.121 The applicable nominating juris-
                                                                                diction means, with respect to any empowerment zone or enterprise
                                                                                community, any local government that nominated such community
                                                                                for designation under section 1391. The definition of a qualified
                                                                                low-income community is similar to the definition of a low income
                                                                                community provided in section 45D(e) (concerning eligibility for the
                                                                                new markets tax credit). A ‘‘qualified low-income community’’ is a
                                                                                population census tract with either (1) a poverty rate of at least 20
                                                                                percent, or (2) median family income which does not exceed 80 per-
                                                                                cent of the greater of metropolitan area median family income or
                                                                                statewide median family income (for a nonmetropolitan census
                                                                                tract, does not exceed 80 percent of statewide median family in-
                                                                                come). In the case of a population census tract located within a
                                                                                high migration rural county, low-income is defined by reference to
                                                                                85 percent (as opposed to 80 percent) of statewide median family
                                                                                income. For this purpose, a high migration rural county is any
                                                                                county that, during the 20-year period ending with the year in
                                                                                which the most recent census was conducted, has a net out-migra-
                                                                                tion of inhabitants from the county of at least 10 percent of the
                                                                                population of the county at the beginning of such period.
                                                                                   The Secretary is authorized to designate ‘‘targeted populations’’
                                                                                as qualified low-income communities. For this purpose, a ‘‘targeted
                                                                                population’’ is defined by reference to section 103(20) of the Riegle
                                                                                Community Development and Regulatory Improvement Act of
                                                                                1994 122 (the ‘‘Act’’) to mean individuals, or an identifiable group of
                                                                                individuals, including an Indian tribe, who are low-income persons
                                                                                or otherwise lack adequate access to loans or equity investments.
                                                                                Section 103(17) of the Act provides that ‘‘low-income’’ means (1) for
                                                                                a targeted population within a metropolitan area, less than 80 per-
                                                                                cent of the area median family income; and (2) for a targeted popu-
                                                                                lation within a nonmetropolitan area, less than the greater of (a)
                                                                                80 percent of the area median family income, or (b) 80 percent of
                                                                                the statewide nonmetropolitan area median family income.




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                                                                                     120 Sec. 1394.
                                                                                     121 Pub. L. No. 114–113, Div. Q, sec. 171 (2015) (effective for bonds issued after 2015).
                                                                                     122 Pub. L. No. 103–325.




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                                                                                   Second, a business will be treated as an enterprise zone business
                                                                                during a start-up period if (1) at the beginning of the period, it is
                                                                                reasonable to expect the business to be an enterprise zone business
                                                                                by the end of the start-up period, and (2) the business makes bona
                                                                                fide efforts to be an enterprise zone business. The start-up period
                                                                                is the period that ends with the start of the first tax year beginning
                                                                                more than two years after the later of (1) the issue date of the bond
                                                                                issue financing the qualified zone property, and (2) the date this
                                                                                property is first placed in service (or, if earlier, the date that is
                                                                                three years after the issue date).123
                                                                                   Third, a business that qualifies as an enterprise zone business at
                                                                                the end of the start-up period must continue to qualify during a
                                                                                testing period that ends three tax years after the start-up period
                                                                                ends. After the three-year testing period, a business will continue
                                                                                to be treated as an enterprise zone business as long as 35 percent
                                                                                of its employees are residents of an empowerment zone, enterprise
                                                                                community, or a qualified low-income community within an appli-
                                                                                cable nominating jurisdiction.
                                                                                   The face amount of the bonds may not exceed $60 million for an
                                                                                empowerment zone in a rural area, $130 million for an empower-
                                                                                ment zone in an urban area with zone population of less than
                                                                                100,000, and $230 million for an empowerment zone in an urban
                                                                                area with zone population of at least 100,000.
                                                                                       Elective rollover of capital gain from the sale or exchange of
                                                                                           any qualified empowerment zone asset
                                                                                  Taxpayers can elect to defer recognition of gain on the sale of a
                                                                                qualified empowerment zone asset held for more than one year and
                                                                                replaced within 60 days by another qualified empowerment zone
                                                                                asset in the same zone.124 A qualified empowerment zone asset
                                                                                generally means stock or a partnership interest acquired at origi-
                                                                                nal issue for cash in an enterprise zone business, or tangible prop-
                                                                                erty originally used in an enterprise zone business by the taxpayer.
                                                                                The deferral is accomplished by reducing the basis of the replace-
                                                                                ment asset by the amount of the gain recognized on the sale of the
                                                                                asset.
                                                                                                                    REASONS FOR CHANGE

                                                                                  To further encourage economic development within and expand
                                                                                employment opportunities in empowerment zones, the Committee
                                                                                believes that the empowerment zone tax incentives should be ex-
                                                                                tended.
                                                                                                                EXPLANATION OF PROVISION

                                                                                   The provision extends for three years, through December 31,
                                                                                2020, the period for which the designation of an empowerment zone
                                                                                is in effect, thus extending for three years the empowerment zone
                                                                                tax incentives, including the wage credit, increased section 179 ex-
                                                                                pensing for qualifying property, tax-exempt bond financing, and de-
                                                                                ferral of capital gains tax on the sale of qualified assets replaced
                                                                                with other qualified assets. In the case of a designation of an em-
                                                                                powerment zone the nomination for which included a termination




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                                                                                     123 Sec. 1394(b)(3).
                                                                                     124 Sec. 1397B.




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                                                                                                                                    41

                                                                                date which is December 31, 2017, termination shall not apply with
                                                                                respect to such designation if the entity which made such nomina-
                                                                                tion amends the nomination to provide for a new termination date
                                                                                in such manner as the Secretary may provide.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to taxable years beginning after December
                                                                                31, 2017.
                                                                                     8. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT (SEC. 118 OF
                                                                                                             THE BILL)

                                                                                                                          PRESENT LAW

                                                                                   Since 2006, certain domestic corporations have been entitled to
                                                                                an economic development credit with respect to operations in
                                                                                American Samoa. The credit is not part of the Code but is com-
                                                                                puted based on the rules of former sections 30A, 199, and 936.
                                                                                   For taxable years beginning before January 1, 2011, as originally
                                                                                enacted, the credit was limited to domestic corporations that were
                                                                                existing credit claimants with respect to American Samoa who had
                                                                                elected the application of section 936 for its last taxable year begin-
                                                                                ning before January 1, 2006. The credit is based on the corpora-
                                                                                tion’s economic activity-based limitation with respect to American
                                                                                Samoa. An existing claimant is a domestic corporation that (1) was
                                                                                engaged in the active conduct of a trade or business within Amer-
                                                                                ican Samoa on October 13, 1995, and (2) elected the benefits of the
                                                                                possession tax credit 125 in an election in effect for its taxable year
                                                                                that included October 13, 1995.126 A corporation that added a sub-
                                                                                stantial new line of business (other than in a qualifying acquisition
                                                                                of all the assets of a trade or business of an existing credit claim-
                                                                                ant) ceased to be an existing credit claimant as of the close of the
                                                                                   125 For taxable years beginning before January 1, 2006, certain domestic corporations with
                                                                                business operations in the U.S. possessions were eligible for the possession tax credit. Secs.
                                                                                27(b) and 936. This credit offset the U.S. tax imposed on certain income related to operations
                                                                                in the U.S. possessions. Subject to certain limitations, the amount of the possession tax credit
                                                                                allowed to any domestic corporation equaled the portion of that corporation’s U.S. tax that was
                                                                                attributable to the corporation’s non-U.S. source taxable income from (1) the active conduct of
                                                                                a trade or business within a U.S. possession, (2) the sale or exchange of substantially all of the
                                                                                assets that were used in such a trade or business, or (3) certain possessions investment. No de-
                                                                                duction or foreign tax credit was allowed for any possessions or foreign tax paid or accrued with
                                                                                respect to taxable income that was taken into account in computing the credit under section
                                                                                936. Under the economic activity-based limit, the amount of the credit could not exceed an
                                                                                amount equal to the sum of (1) 60 percent of the taxpayer’s qualified possession wages and allo-
                                                                                cable employee fringe benefit expenses, (2) 15 percent of depreciation allowances with respect
                                                                                to short-life qualified tangible property, plus 40 percent of depreciation allowances with respect
                                                                                to medium-life qualified tangible property, plus 65 percent of depreciation allowances with re-
                                                                                spect to long-life qualified tangible property, and (3) in certain cases, a portion of the taxpayer’s
                                                                                possession income taxes. A taxpayer could elect, instead of the economic activity-based limit, a
                                                                                limit equal to the applicable percentage of the credit that otherwise would have been allowable
                                                                                with respect to possession business income, beginning in 1998, the applicable percentage was
                                                                                40 percent.
                                                                                   To qualify for the possession tax credit for a taxable year, a domestic corporation was required
                                                                                to satisfy two conditions. First, the corporation was required to derive at least 80 percent of its
                                                                                gross income for the three-year period immediately preceding the close of the taxable year from
                                                                                sources within a possession. Second, the corporation was required to derive at least 75 percent
                                                                                of its gross income for that same period from the active conduct of a possession business. Sec.
                                                                                936(a)(2). The section 936 credit generally expired for taxable years beginning after December
                                                                                31, 2005.




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                                                                                   126 A corporation will qualify as an existing credit claimant if it acquired all the assets of a
                                                                                trade or business of a corporation that (1) actively conducted that trade or business in a posses-
                                                                                sion on October 13, 1995, and (2) had elected the benefits of the possession tax credit in an elec-
                                                                                tion in effect for the taxable year that included October 13, 1995.




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                                                                                                                                    42

                                                                                taxable year ending before the date on which that new line of busi-
                                                                                ness was added.
                                                                                   The amount of the credit allowed to a qualifying domestic cor-
                                                                                poration under the provision is equal to the sum of the amounts
                                                                                used in computing the corporation’s economic activity-based limita-
                                                                                tion with respect to American Samoa, except that no credit is al-
                                                                                lowed for the amount of any American Samoa income taxes. Thus,
                                                                                for any qualifying corporation the amount of the credit equals the
                                                                                sum of (1) 60 percent of the corporation’s qualified American
                                                                                Samoa wages and allocable employee fringe benefit expenses and
                                                                                (2) 15 percent of the corporation’s depreciation allowances with re-
                                                                                spect to short-life qualified American Samoa tangible property, plus
                                                                                40 percent of the corporation’s depreciation allowances with respect
                                                                                to medium-life qualified American Samoa tangible property, plus
                                                                                65 percent of the corporation’s depreciation allowances with respect
                                                                                to long-life qualified American Samoa tangible property.
                                                                                   The section 936(c) rule denying a credit or deduction for any pos-
                                                                                sessions or foreign tax paid with respect to taxable income taken
                                                                                into account in computing the credit under section 936 does not
                                                                                apply with respect to the credit allowed by the provision.
                                                                                   For taxable years beginning after December 31, 2011, the credit
                                                                                rules are modified in two ways. First, domestic corporations with
                                                                                operations in American Samoa are allowed the credit even if those
                                                                                corporations are not existing credit claimants. Second, the credit is
                                                                                available to a domestic corporation (either an existing credit claim-
                                                                                ant or a new credit claimant) only if the corporation has qualified
                                                                                production activities income (as defined in section 199(c) by sub-
                                                                                stituting ‘‘American Samoa’’ for ‘‘the United States’’ in each place
                                                                                that the latter term appears).
                                                                                   In the case of a corporation that is an existing credit claimant
                                                                                with respect to American Samoa and that elected the application
                                                                                of section 936 for its last taxable year beginning before January 1,
                                                                                2006, the credit applies to the first 12 taxable years of the corpora-
                                                                                tion which begin after December 31, 2005, and before January 1,
                                                                                2018. For any other corporation, the credit applies to the first six
                                                                                taxable years of that corporation which begin after December 31,
                                                                                2011, and before January 1, 2018.
                                                                                                                   REASONS FOR CHANGE

                                                                                  To further encourage economic development in American Samoa,
                                                                                the Committee believes the American Samoa economic development
                                                                                credit should be extended.
                                                                                                               EXPLANATION OF PROVISION

                                                                                   The provision extends the credit for three years to apply (a) in
                                                                                the case of a corporation that is an existing credit claimant with
                                                                                respect to American Samoa and that elected the application of sec-
                                                                                tion 936 for its last taxable year beginning before January 1, 2006,
                                                                                to the first 15 taxable years of the corporation which begin after
                                                                                December 31, 2005, and before January 1, 2021, and (b) in the case




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                                                                                of any other corporation, to the first nine taxable years of the cor-
                                                                                poration which begin after December 31, 2011 and before January
                                                                                1, 2021.




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                                                                                  For purposes of this credit, the Code is applied without regard
                                                                                to the repeal of sections 30A and 936 in 2018,127 or the repeal of
                                                                                section 199 in 2017.128
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision is effective for taxable years beginning after De-
                                                                                cember 31, 2017.
                                                                                 C. INCENTIVES FOR ENERGY PRODUCTION, EFFICIENCY, AND GREEN
                                                                                                       ECONOMY JOBS
                                                                                1. BIODIESEL AND RENEWABLE DIESEL (SEC. 121 OF THE BILL AND SEC.
                                                                                                       40A OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                        Biodiesel
                                                                                   Present law provides an income tax credit for biodiesel fuels (the
                                                                                ‘‘biodiesel fuels credit’’). The biodiesel fuels credit is the sum of
                                                                                three credits: (1) the biodiesel mixture credit, (2) the biodiesel cred-
                                                                                it, and (3) the small agri-biodiesel producer credit. The biodiesel
                                                                                fuels credit is treated as a general business credit. The amount of
                                                                                the biodiesel fuels credit is includible in gross income. The biodiesel
                                                                                fuels credit is coordinated to take into account benefits from the
                                                                                biodiesel excise tax credit and payment provisions discussed below.
                                                                                The credit does not apply to fuel sold or used after December 31,
                                                                                2017.
                                                                                   Biodiesel is monoalkyl esters of long chain fatty acids derived
                                                                                from plant or animal matter that meet (1) the registration require-
                                                                                ments established by the EPA under section 211 of the Clean Air
                                                                                Act (42 U.S.C. sec. 7545) and (2) the requirements of the American
                                                                                Society of Testing and Materials (‘‘ASTM’’) D6751. Agri-biodiesel is
                                                                                biodiesel derived solely from virgin oils including oils from corn,
                                                                                soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds,
                                                                                safflowers, flaxseeds, rice bran, mustard seeds, camelina, or animal
                                                                                fats.
                                                                                   Biodiesel may be taken into account for purposes of the credit
                                                                                only if the taxpayer obtains a certification (in such form and man-
                                                                                ner as prescribed by the Secretary) from the producer or importer
                                                                                of the biodiesel that identifies the product produced and the per-
                                                                                centage of biodiesel and agri-biodiesel in the product.
                                                                                       Biodiesel mixture credit
                                                                                   The biodiesel mixture credit is $1.00 for each gallon of biodiesel
                                                                                (including agri-biodiesel) used by the taxpayer in the production of
                                                                                a qualified biodiesel mixture. A qualified biodiesel mixture is a
                                                                                mixture of biodiesel and diesel fuel that is (1) sold by the taxpayer
                                                                                producing such mixture to any person for use as a fuel, or (2) used
                                                                                as a fuel by the taxpayer producing such mixture. The sale or use
                                                                                must be in the trade or business of the taxpayer and is to be taken
                                                                                into account for the taxable year in which such sale or use occurs.




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                                                                                  127 See The Consolidated Appropriations Act 2018, Pub. L. No. 115–141, Division U, Title IV,
                                                                                at sec. 401(d)(1)(C) (the repeal of section 936) and sec. 401(d)(1)(D)(viii)(I) (definition of intan-
                                                                                gible property added to section 367(d)) (March 23, 2018).
                                                                                  128 Pub. L. 115–97, section 13305(a).




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                                                                                No credit is allowed with respect to any casual off-farm production
                                                                                of a qualified biodiesel mixture.
                                                                                   Per IRS guidance a mixture need only contain 1/10th of one per-
                                                                                cent of diesel fuel to be a qualified mixture. Thus, a qualified bio-
                                                                                diesel mixture can contain 99.9 percent biodiesel and 0.1 percent
                                                                                diesel fuel.
                                                                                       Biodiesel credit (B–100)
                                                                                  The biodiesel credit is $1.00 for each gallon of biodiesel that is
                                                                                not in a mixture with diesel fuel (100 percent biodiesel or B–100)
                                                                                and which during the taxable year is (1) used by the taxpayer as
                                                                                a fuel in a trade or business or (2) sold by the taxpayer at retail
                                                                                to a person and placed in the fuel tank of such person’s vehicle.
                                                                                       Small agri-biodiesel producer credit
                                                                                  The Code provides a small agri-biodiesel producer income tax
                                                                                credit, in addition to the biodiesel and biodiesel mixture credits.
                                                                                The credit is 10 cents per gallon for up to 15 million gallons of agri-
                                                                                biodiesel produced by small producers, defined generally as persons
                                                                                whose agri-biodiesel production capacity does not exceed 60 million
                                                                                gallons per year. The agri-biodiesel must (1) be sold by such pro-
                                                                                ducer to another person (a) for use by such other person in the pro-
                                                                                duction of a qualified biodiesel mixture in such person’s trade or
                                                                                business (other than casual off-farm production), (b) for use by such
                                                                                other person as a fuel in a trade or business, or, (c) who sells such
                                                                                agri-biodiesel at retail to another person and places such agri-bio-
                                                                                diesel in the fuel tank of such other person; or (2) used by the pro-
                                                                                ducer for any purpose described in (a), (b), or (c).
                                                                                       Biodiesel mixture excise tax credit
                                                                                  The Code also provides an excise tax credit for biodiesel mix-
                                                                                tures. The credit is $1.00 for each gallon of biodiesel used by the
                                                                                taxpayer in producing a biodiesel mixture for sale or use in a trade
                                                                                or business of the taxpayer. A biodiesel mixture is a mixture of bio-
                                                                                diesel and diesel fuel that (1) is sold by the taxpayer producing
                                                                                such mixture to any person for use as a fuel or (2) is used as a fuel
                                                                                by the taxpayer producing such mixture. No credit is allowed un-
                                                                                less the taxpayer obtains a certification (in such form and manner
                                                                                as prescribed by the Secretary) from the producer of the biodiesel
                                                                                that identifies the product produced and the percentage of biodiesel
                                                                                and agri-biodiesel in the product.
                                                                                  The credit is not available for any sale or use for any period after
                                                                                December 31, 2017. This excise tax credit is coordinated with the
                                                                                income tax credit for biodiesel such that credit for the same bio-
                                                                                diesel cannot be claimed for both income and excise tax purposes.
                                                                                       Payments with respect to biodiesel fuel mixtures
                                                                                   If any person produces a biodiesel fuel mixture in such person’s
                                                                                trade or business, the Secretary is to pay such person an amount
                                                                                equal to the biodiesel mixture credit. The biodiesel fuel mixture
                                                                                credit must first be taken against tax liability for taxable fuels. To




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                                                                                the extent the biodiesel fuel mixture credit exceeds such tax liabil-
                                                                                ity, the excess may be received as a payment. Thus, if the person
                                                                                has no section 4081 liability, the credit is refundable. The Sec-




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                                                                                                                                    45

                                                                                retary is not required to make payments with respect to biodiesel
                                                                                fuel mixtures sold or used after December 31, 2017.
                                                                                       Renewable diesel
                                                                                   Renewable diesel is liquid fuel that (1) is derived from biomass
                                                                                (as defined in section 45K(c)(3)), (2) meets the registration require-
                                                                                ments for fuels and fuel additives established by the EPA under
                                                                                section 211 of the Clean Air Act, and (3) meets the requirements
                                                                                of the ASTM D975 or D396, or equivalent standard established by
                                                                                the Secretary. ASTM D975 provides standards for diesel fuel suit-
                                                                                able for use in diesel engines. ASTM D396 provides standards for
                                                                                fuel oil intended for use in fuel-oil burning equipment, such as fur-
                                                                                naces. Renewable diesel also includes fuel derived from biomass
                                                                                that meets the requirements of a Department of Defense specifica-
                                                                                tion for military jet fuel or an ASTM specification for aviation tur-
                                                                                bine fuel.
                                                                                   For purposes of the Code, renewable diesel is generally treated
                                                                                the same as biodiesel. In the case of renewable diesel that is avia-
                                                                                tion fuel, kerosene is treated as though it were diesel fuel for pur-
                                                                                poses of a qualified renewable diesel mixture. Like biodiesel, the in-
                                                                                centive may be taken as an income tax credit, an excise tax credit,
                                                                                or as a payment from the Secretary. The incentive for renewable
                                                                                diesel is $1.00 per gallon. There is no small producer credit for re-
                                                                                newable diesel. The incentives for renewable diesel expired after
                                                                                December 31, 2017.
                                                                                                                   REASONS FOR CHANGE

                                                                                  To encourage the domestic production of biodiesel fuel, the Com-
                                                                                mittee believes that the income tax credit, excise tax credit, and
                                                                                payment provisions for biodiesel and renewable diesel should be ex-
                                                                                tended.
                                                                                                               EXPLANATION OF PROVISION

                                                                                   The provision extends the present-law income tax credit, excise
                                                                                tax credit and payment provisions for biodiesel and renewable die-
                                                                                sel through December 31, 2020. The provision creates a special rule
                                                                                to address claims regarding excise tax credits and claims for pay-
                                                                                ment for fuel sold or used during the period beginning on January
                                                                                1, 2018, through the close of the last calendar quarter beginning
                                                                                before the date of enactment. In particular, the provision directs
                                                                                the Secretary to issue guidance within 30 days of the date of enact-
                                                                                ment. Such guidance is to provide for a one-time submission of
                                                                                claims covering those periods. The guidance is to provide for a 180-
                                                                                day period for the submission of such claims (in such manner as
                                                                                prescribed by the Secretary) to begin no later than 30 days after
                                                                                such guidance is issued. Such claims shall be paid by the Secretary
                                                                                of the Treasury not later than 60 days after receipt. If the claim
                                                                                is not paid within 60 days of the date of the filing, the claim shall
                                                                                be paid with interest from such date determined by using the over-
                                                                                payment rate and method under section 6621.
                                                                                                                         EFFECTIVE DATE




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                  The provision applies to fuel sold or used after December 31,
                                                                                2017.




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                                                                                 2. SECOND GENERATION BIOFUEL PRODUCER CREDIT (SEC. 122 OF THE
                                                                                                 BILL AND SEC. 40 OF THE CODE)

                                                                                                                         PRESENT LAW

                                                                                    The second generation biofuel producer credit is a nonrefundable
                                                                                income tax credit that a producer may claim for each gallon of
                                                                                qualified second generation biofuel production for the taxable year.
                                                                                The amount of the credit per gallon is $1.01. The provision does not
                                                                                apply to qualified second generation biofuel production after De-
                                                                                cember 31, 2017.
                                                                                    ‘‘Qualified second generation biofuel production’’ is any second
                                                                                generation biofuel which is produced by the taxpayer and which,
                                                                                during the taxable year, is: (1) sold by the taxpayer to another per-
                                                                                son (a) for use by such other person in the production of a qualified
                                                                                second generation biofuel mixture in such person’s trade or busi-
                                                                                ness (other than casual off-farm production), (b) for use by such
                                                                                other person as a fuel in a trade or business, or (c) who sells such
                                                                                second generation biofuel at retail to another person and places
                                                                                such cellulosic biofuel in the fuel tank of such other person; or (2)
                                                                                used by the producer for any purpose described in (1)(a), (b), or
                                                                                (c).129 Special rules apply for fuel derived from algae.
                                                                                    ‘‘Second generation biofuel’’ means any liquid fuel that (1) is pro-
                                                                                duced in the United States and used as fuel in the United States,
                                                                                (2) is derived by or from qualified feedstocks and (3) meets the reg-
                                                                                istration requirements for fuels and fuel additives established by
                                                                                the Environmental Protection Agency (‘‘EPA’’) under section 211 of
                                                                                the Clean Air Act. ‘‘Qualified feedstock’’ means any lignocellulosic
                                                                                or hemicellulosic matter that is available on a renewable or recur-
                                                                                ring basis, and any cultivated algae, cyanobacteria or lemna. Sec-
                                                                                ond generation biofuel does not include fuels that (1) are more than
                                                                                four percent (determined by weight) water and sediment in any
                                                                                combination, (2) have an ash content of more than one percent (de-
                                                                                termined by weight), or (3) have an acid number greater than 25
                                                                                (‘‘unprocessed or excluded fuels’’). It also does not include any alco-
                                                                                hol with a proof of less than 150.
                                                                                    The second generation biofuel producer credit cannot be claimed
                                                                                unless the taxpayer is registered by the Internal Revenue Service
                                                                                (‘‘IRS’’) as a producer of second generation biofuel. Second genera-
                                                                                tion biofuel eligible for the section 40 credit is precluded from
                                                                                qualifying as biodiesel, renewable diesel, or alternative fuel for pur-
                                                                                poses of the applicable income tax credit, excise tax credit, or pay-
                                                                                ment provisions relating to those fuels.
                                                                                    Because it is a credit under section 40(a), the second generation
                                                                                biofuel producer credit is part of the general business credits in
                                                                                section 38. However, the credit can only be carried forward three
                                                                                taxable years after the termination of the credit. The credit is also
                                                                                allowable against the alternative minimum tax. Under section 87,
                                                                                the credit is included in gross income.




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                                                                                  129 In addition, for fuels derived from algae, cyanobacterial or lemna, a special rule provides

                                                                                that qualified second generation biofuel includes fuel that is sold by the taxpayer to another
                                                                                person for refining by such other person into a fuel that meets the registration requirements
                                                                                for fuels and fuel additives under section 211 of the Clean Air Act.




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                                                                                                                      REASONS FOR CHANGE

                                                                                   To further encourage the domestic production of second genera-
                                                                                tion biofuels, the Committee believes that the second generation
                                                                                biofuel producer credit should be extended.
                                                                                                                  EXPLANATION OF PROVISION

                                                                                  The provision extends the credit for three years, through Decem-
                                                                                ber 31, 2020.
                                                                                                                            EFFECTIVE DATE

                                                                                  The provision applies to qualified second generation biofuel pro-
                                                                                duction after December 31, 2017.
                                                                                     3. NONBUSINESS ENERGY PROPERTY (SEC. 123 OF THE BILL AND SEC.
                                                                                                          25C OF THE CODE)

                                                                                                                             PRESENT LAW

                                                                                   A 10-percent credit is available for the purchase of qualified en-
                                                                                ergy efficiency improvements to existing homes.130 A qualified en-
                                                                                ergy efficiency improvement is any energy efficient building enve-
                                                                                lope component (1) that is installed in or on a dwelling located in
                                                                                the United States and owned and used by the taxpayer as the tax-
                                                                                payer’s principal residence, (2) the original use of which commences
                                                                                with the taxpayer, and (3) that reasonably can be expected to re-
                                                                                main in use for at least five years. The credit is nonrefundable.
                                                                                   Energy efficient building envelope components are building enve-
                                                                                lope components that meet (1) the applicable Energy Star program
                                                                                requirements, in the case of a roof or roof products, (2) version 6.0
                                                                                Energy Star program requirements, in the case of an exterior win-
                                                                                dow, a skylights, or an exterior door, and (3) the prescriptive cri-
                                                                                teria for such components established by the 2009 International
                                                                                Energy Conservation Code, as in effect on the date of enactment
                                                                                of the American Recovery and Reinvestment Tax Act of 2009, in
                                                                                the case of any other component.
                                                                                   Building envelope components are (1) insulation materials or sys-
                                                                                tems which are specifically and primarily designed to reduce the
                                                                                heat loss or gain for a dwelling when installed in or on such dwell-
                                                                                ing unit, (2) exterior windows (including skylights), (3) exterior
                                                                                doors, and (4) metal or asphalt roofs installed on a dwelling unity,
                                                                                but only if such roof has appropriate pigmented coatings or cooling
                                                                                granules that are specifically and primarily designed to reduce the
                                                                                heat gain for a dwelling.
                                                                                   Additionally, credits are also available for the purchase of spe-
                                                                                cific energy efficient property originally placed in service by the
                                                                                taxpayer during the taxable year. The allowable credit for the pur-
                                                                                chase of certain property is (1) $50 for each advanced main air cir-
                                                                                culating fan, (2) $150 for each qualified natural gas, propane, or oil
                                                                                furnace or hot water boiler, and (3) $300 for each item of energy
                                                                                efficient building property.
                                                                                   An advanced main air circulating fan is a fan used in a natural
                                                                                gas, propane, or oil furnace and which has an annual electricity use




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                                                                                of no more than two percent of the total annual energy use of the
                                                                                     130 Sec. 25C.




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                                                                                furnace (as determined in the standard Department of Energy test
                                                                                procedures).
                                                                                   A qualified natural gas, propane, or oil furnace or hot water boil-
                                                                                er is a natural gas, propane, or oil furnace or hot water boiler with
                                                                                an annual fuel utilization efficiency rate of at least 95.
                                                                                   Energy-efficient building property is: (1) an electric heat pump
                                                                                water heater which yields an energy factor of at least 2.0 in the
                                                                                standard Department of Energy test procedure, (2) an electric heat
                                                                                pump which achieves the highest efficiency tier established by the
                                                                                Consortium for Energy Efficiency, as in effect on January 1,
                                                                                2009,131 (3) a central air conditioner which achieves the highest ef-
                                                                                ficiency tier established by the Consortium for Energy Efficiency as
                                                                                in effect on January 1, 2009,132 (4) a natural gas, propane, or oil
                                                                                water heater which has an energy factor of at least 0.82 or thermal
                                                                                efficiency of at least 90 percent, and (5) a stove which burns bio-
                                                                                mass fuel to heat a dwelling unit located in the United States and
                                                                                used as a residence by the taxpayer, or to heat water for use in
                                                                                such dwelling unity, and which has a thermal efficiency rating of
                                                                                at least 75 percent. Biomass fuel is any plant-derived fuel available
                                                                                on a renewable or recurring basis, including agricultural crops and
                                                                                trees, wood and wood waste and residues (including wood pellets),
                                                                                plants (including aquatic plants), grasses, residues, and fibers.
                                                                                   Generally, the credit is available for property placed in service
                                                                                prior to January 1, 2018. The maximum credit for a taxpayer for
                                                                                all taxable years is $500, and no more than $200 of such credit
                                                                                may be attributable to expenditures on windows.
                                                                                   The taxpayer’s basis in the property is reduced by the amount of
                                                                                the credit. Special proration rules apply in the case of jointly owned
                                                                                property, condominiums, and tenant-stockholders in cooperative
                                                                                housing corporations. If less than 80 percent of the property is used
                                                                                for nonbusiness purposes, only that portion of expenditures that is
                                                                                used for nonbusiness purposes is taken into account.
                                                                                   For purposes of determining the amount of expenditures made by
                                                                                any individual with respect to any dwelling unit, expenditures
                                                                                which are made from subsidized energy financing are not taken
                                                                                into account. The term ‘‘subsidized energy financing’’ means financ-
                                                                                ing provided under a Federal, State, or local program a principal
                                                                                purpose of which is to provide subsidized financing for projects de-
                                                                                signed to conserve or produce energy.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that it is in the national interest to con-
                                                                                serve energy and that many existing homes continue to be inad-
                                                                                equately insulated and have inefficient heating, ventilation, and
                                                                                cooling equipment. Therefore, the Committee believes that the non-
                                                                                business energy efficient property credit should be extended.
                                                                                  131 These standards are a seasonal energy efficiency ratio (‘‘SEER’’) greater than or equal to
                                                                                15, an energy efficiency ratio (‘‘EER’’) greater than or equal to 12.5, and heating seasonal per-
                                                                                formance factor (‘‘HSPF’’) greater than or equal to 8.5 for split heat pumps, and SEER greater
                                                                                than or equal to 14, EER greater than or equal to 12, and HSPF greater than or equal to 8.0




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                                                                                for packaged heat pumps.
                                                                                  132 These standards are a SEER greater than or equal to 16 and EER greater than or equal
                                                                                to 13 for split systems, and SEER greater than or equal to 14 and EER greater than or equal
                                                                                to 12 for packaged systems.




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                                                                                                                                       49

                                                                                                                  EXPLANATION OF PROVISION

                                                                                  The provision extends the nonbusiness energy property credit for
                                                                                three years, through December 31, 2020. The provision also up-
                                                                                dates the credit’s requirements to reflect the fact that the Depart-
                                                                                ment of Energy has replaced the energy factor previously used to
                                                                                measure efficiency with a new standard called the uniform energy
                                                                                factor.
                                                                                                                            EFFECTIVE DATE

                                                                                  The provision is effective for property placed in service after De-
                                                                                cember 31, 2017.
                                                                                 4. QUALIFIED FUEL CELL MOTOR VEHICLES (SEC. 124 OF THE BILL AND
                                                                                                      SEC. 30B OF THE CODE)

                                                                                                                             PRESENT LAW

                                                                                    A credit is available through 2017 for vehicles propelled by
                                                                                chemically combining oxygen with hydrogen and creating electricity
                                                                                (‘‘fuel cell vehicles’’).133 The base credit is $4,000 for vehicles weigh-
                                                                                ing 8,500 pounds or less. Heavier vehicles can get up to a $40,000
                                                                                credit, depending on their weight. An additional $1,000 to $4,000
                                                                                credit is available to cars and light trucks to the extent their fuel
                                                                                economy exceeds the 2002 base fuel economy set forth in the Code.
                                                                                                                      REASONS FOR CHANGE

                                                                                   The Committee believes that further investments in advanced
                                                                                technology vehicles are necessary to transform automotive trans-
                                                                                portation in the United States to be cleaner, more fuel efficient,
                                                                                and less reliant on petroleum fuels. Therefore, the Committee be-
                                                                                lieves the credit for fuel cell motor vehicles should be extended.
                                                                                                                  EXPLANATION OF PROVISION

                                                                                  The provision extends the credit for fuel cell vehicles for three
                                                                                years, through December 31, 2020.
                                                                                                                            EFFECTIVE DATE

                                                                                  The provision applies to property purchased after December 31,
                                                                                2017.
                                                                                 5. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT (SEC. 125 OF THE
                                                                                                 BILL AND SEC. 30C OF THE CODE)

                                                                                                                             PRESENT LAW

                                                                                   Taxpayers may claim a 30-percent credit for the cost of installing
                                                                                qualified clean-fuel vehicle refueling property to be used in a trade
                                                                                or business of the taxpayer or installed at the principal residence
                                                                                of the taxpayer.134 The credit may not exceed $30,000 per taxable
                                                                                year per location, in the case of qualified refueling property used
                                                                                in a trade or business and $1,000 per taxable year per location, in
                                                                                the case of qualified refueling property installed on property which
                                                                                is used as a principal residence.




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                                                                                     133 Sec. 30B.
                                                                                     134 Sec. 30C.




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                                                                                   Qualified refueling property is property (not including a building
                                                                                or its structural components) for the storage or dispensing of a
                                                                                clean-burning fuel or electricity into the fuel tank or battery of a
                                                                                motor vehicle propelled by such fuel or electricity, but only if the
                                                                                storage or dispensing of the fuel or electricity is at the point of de-
                                                                                livery into the fuel tank or battery of the motor vehicle. The origi-
                                                                                nal use of such property must begin with the taxpayer.
                                                                                   Clean-burning fuels are any fuel at least 85 percent of the vol-
                                                                                ume of which consists of ethanol, natural gas, compressed natural
                                                                                gas, liquefied natural gas, liquefied petroleum gas, or hydrogen. In
                                                                                addition, any mixture of biodiesel and diesel fuel, determined with-
                                                                                out regard to any use of kerosene and containing at least 20 per-
                                                                                cent biodiesel, qualifies as a clean fuel.
                                                                                   Credits for qualified refueling property used in a trade or busi-
                                                                                ness are part of the general business credit and may be carried
                                                                                back for one year and forward for 20 years. Credits for residential
                                                                                qualified refueling property cannot exceed for any taxable year the
                                                                                difference between the taxpayer’s regular tax (reduced by certain
                                                                                other credits) and the taxpayer’s tentative minimum tax. Gen-
                                                                                erally, in the case of qualified refueling property sold to a tax-ex-
                                                                                empt entity, the taxpayer selling the property may claim the credit.
                                                                                   A taxpayer’s basis in qualified refueling property is reduced by
                                                                                the amount of the credit. In addition, no credit is available for
                                                                                property used outside the United States or for which an election to
                                                                                expense has been made under section 179.
                                                                                   The credit is available for property placed in service before Janu-
                                                                                ary 1, 2018.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that further investments in advanced
                                                                                technology vehicles and related infrastructure are necessary to
                                                                                transform automotive transportation in the United States to be
                                                                                cleaner, more fuel efficient, and less reliant on petroleum fuels.
                                                                                Therefore, the Committee believes the credit for alternative fuel re-
                                                                                fueling property should be extended.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends for three years the 30-percent credit for al-
                                                                                ternative fuel refueling property, through December 31, 2020.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to property placed in service after Decem-
                                                                                ber 31, 2017.
                                                                                     6. EXTENSION OF CREDIT FOR ELECTRIC MOTORCYCLES (SEC. 126 OF
                                                                                                  THE BILL AND SEC. 30D OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                  In general, for vehicles acquired before 2018, a 10-percent credit
                                                                                is available for qualifying plug-in electric motorcycles.135 Quali-
                                                                                fying electric motorcycles must have a battery capacity of at least




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                                                                                  135 Sec. 30D(g). The credit lapsed and was not available for vehicles placed in service in cal-
                                                                                endar year 2014. Before 2014, the credit was also available for qualified vehicles having 3-
                                                                                wheels.




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                                                                                2.5 kilowatt-hours, be manufactured primarily for use on public
                                                                                streets, roads, and highways, and be capable of achieving speeds of
                                                                                at least 45 miles per hour. The maximum credit for any qualifying
                                                                                vehicle is $2,500.
                                                                                                                                                  REASONS FOR CHANGE

                                                                                   The Committee believes that further investments in advanced
                                                                                technology vehicles are necessary to transform automotive trans-
                                                                                portation in the United States to be cleaner, more fuel efficient,
                                                                                and less reliant on petroleum fuels. Therefore, the Committee be-
                                                                                lieves the credit for electric motorcycles should be extended.
                                                                                                                                          EXPLANATION OF PROVISION

                                                                                  The provision extends the electric motorcycles credit for three
                                                                                years, through December 31, 2020.
                                                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to vehicles acquired after December 31,
                                                                                2017.
                                                                                     7. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
                                                                                         RESOURCES (SEC. 127 OF THE BILL AND SEC. 45 OF THE CODE)

                                                                                                                                                              PRESENT LAW

                                                                                       Renewable electricity production credit
                                                                                  An income tax credit is allowed for the production of electricity
                                                                                from qualified energy resources at qualified facilities (the ‘‘renew-
                                                                                able electricity production credit’’).136 Qualified energy resources
                                                                                comprise wind, closed-loop biomass, open-loop biomass, geothermal
                                                                                energy, municipal solid waste, qualified hydropower production,
                                                                                and marine and hydrokinetic renewable energy. Qualified facilities
                                                                                are, generally, facilities that generate electricity using qualified en-
                                                                                ergy resources. To be eligible for the credit, electricity produced
                                                                                from qualified energy resources at qualified facilities must be sold
                                                                                by the taxpayer to an unrelated person.
                                                                                     SUMMARY OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES
                                                                                                                                                                               Credit amount for 2019 1 (cents per
                                                                                               Eligible electricity production activity (sec. 45)                                                                            Expiration 2
                                                                                                                                                                                         kilowatt-hour)

                                                                                Wind .......................................................................................                                  2.5    December 31, 2019
                                                                                Closed-loop biomass .............................................................                                             2.5    December 31, 2017
                                                                                Open-loop biomass (including agricultural livestock waste                                                                     1.2    December 31, 2017
                                                                                   nutrient facilities).
                                                                                Geothermal .............................................................................                                      2.5    December 31, 2017
                                                                                Municipal solid waste (including landfill gas facilities and                                                                  1.2    December 31, 2017
                                                                                   trash combustion facilities).
                                                                                Qualified hydropower .............................................................                                            1.2    December 31, 2017
                                                                                Marine and hydrokinetic ........................................................                                              1.2    December 31, 2017
                                                                                   1 In general, the credit is available for electricity produced during the first 10 years after a facility has been placed in service. For wind
                                                                                facilities, the credit is reduced by 20 percent for facilities the construction of which begins in calendar year 2017, by 40 percent for facilities
                                                                                the construction of which begins in calendar year 2018, and by 60 percent for facilities the construction of which begins in calendar year
                                                                                2019.
                                                                                   2 Expires for property the construction of which begins after this date.




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                                                                                  136 Sec. 45. In addition to the renewable electricity production credit, section 45 also provides
                                                                                income tax credits for the production of Indian coal and refined coal at qualified facilities.




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                                                                                        Election to claim energy credit in lieu of renewable electricity
                                                                                            production credit
                                                                                   A taxpayer may make an irrevocable election to have certain
                                                                                property which is part of a qualified renewable electricity produc-
                                                                                tion facility be treated as energy property eligible for a 30 percent
                                                                                investment credit under section 48. For wind facilities, the credit
                                                                                is reduced by 20 percent for facilities the construction of which be-
                                                                                gins in calendar year 2017, by 40 percent for facilities the construc-
                                                                                tion of which begins in calendar year 2018, and by 60 percent for
                                                                                facilities the construction of which begins in calendar year 2019.
                                                                                For purposes of the investment credit, qualified facilities are facili-
                                                                                ties otherwise eligible for the renewable electricity production cred-
                                                                                it with respect to which no credit under section 45 has been al-
                                                                                lowed. A taxpayer electing to treat a facility as energy property
                                                                                may not claim the renewable electricity production credit. The eli-
                                                                                gible basis for the investment credit for taxpayers making this elec-
                                                                                tion is the basis of the depreciable (or amortizable) property that
                                                                                is part of a facility capable of generating electricity eligible for the
                                                                                renewable electricity production credit.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that extending the existing incentives
                                                                                for the production of electricity from renewable resources will help
                                                                                limit the environmental consequences of continued reliance on
                                                                                power generated using fossil fuels.
                                                                                                               EXPLANATION OF PROVISION

                                                                                   For renewable power facilities, the provision extends for three
                                                                                years (one year in the case of wind facilities), through December
                                                                                31, 2020, the beginning of construction deadline for the renewable
                                                                                electricity production credit and the election to claim the energy
                                                                                credit in lieu of the electricity production credit. For wind facilities
                                                                                the construction of which begins in calendar year 2020, the credit
                                                                                is reduced by 60 percent.
                                                                                                                         EFFECTIVE DATE

                                                                                     The provision takes effect January 1, 2018.
                                                                                 8. ENERGY-EFFICIENT HOMES CREDIT (SEC. 129 OF THE BILL AND SEC.
                                                                                                       45L OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                  A credit is available to an eligible contractor for each qualified
                                                                                new energy-efficient home that is constructed by the eligible con-
                                                                                tractor and acquired by a person from such eligible contractor for
                                                                                use as a residence during the taxable year. To qualify as a new en-
                                                                                ergy-efficient home, the home must be: (1) a dwelling located in the
                                                                                United States, (2) substantially completed after August 8, 2005,
                                                                                and (3) certified in accordance with guidance prescribed by the Sec-
                                                                                retary to have a projected level of annual heating and cooling en-
                                                                                ergy consumption that meets the standards for either a 30-percent




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                                                                                or 50-percent reduction in energy usage, compared to a comparable
                                                                                dwelling constructed in accordance with the standards of chapter
                                                                                4 of the 2006 International Energy Conservation Code as in effect




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                                                                                                                                    53

                                                                                (including supplements) on January 1, 2006, and any applicable
                                                                                Federal minimum efficiency standards for equipment. With respect
                                                                                to homes that meet the 30-percent standard, one-third of such 30-
                                                                                percent savings must come from the building envelope, and with
                                                                                respect to homes that meet the 50-percent standard, one-fifth of
                                                                                such 50-percent savings must come from the building envelope.
                                                                                   Manufactured homes that conform to Federal manufactured
                                                                                home construction and safety standards are eligible for the credit
                                                                                provided all the criteria for the credit are met. The eligible con-
                                                                                tractor is the person who constructed the home, or in the case of
                                                                                a manufactured home, the producer of such home.
                                                                                   The credit equals $1,000 in the case of a new home that meets
                                                                                the 30-percent standard and $2,000 in the case of a new home that
                                                                                meets the 50-percent standard. Only manufactured homes are eligi-
                                                                                ble for the $1,000 credit.
                                                                                   In lieu of meeting the standards of chapter 4 of the 2006 Inter-
                                                                                national Energy Conservation Code, manufactured homes certified
                                                                                by a method prescribed by the Administrator of the Environmental
                                                                                Protection Agency under the Energy Star Labeled Homes program
                                                                                are eligible for the $1,000 credit provided criteria (1) and (2), above,
                                                                                are met.
                                                                                   The credit applies to homes that are purchased prior to January
                                                                                1, 2018.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that it is in the national interest to con-
                                                                                serve energy. The Committee further recognizes that residential
                                                                                energy use for heating and cooling represents a significant share
                                                                                of national energy consumption and accordingly believes that meas-
                                                                                ures to reduce heating and cooling energy requirements have the
                                                                                potential to reduce national energy consumption. The Committee
                                                                                also recognizes that the most cost-effective time to achieve home
                                                                                energy efficiency is when the home is under construction. There-
                                                                                fore, the Committee believes the credit for energy-efficient homes
                                                                                should be extended.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends the credit for three years, to homes that
                                                                                are acquired prior to January 1, 2021.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to homes acquired after December 31,
                                                                                2017.
                                                                                     9. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT
                                                                                       PROPERTY (SEC. 130 OF THE BILL AND SEC. 168(l) OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                      In general




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                                                                                  A taxpayer generally must capitalize the cost of property used in
                                                                                a trade or business or held for the production of income and recover
                                                                                such cost over time through annual deductions for depreciation or




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                                                                                                                                    54

                                                                                amortization.137 The period for depreciation or amortization gen-
                                                                                erally begins when the asset is placed in service by the taxpayer.138
                                                                                Tangible property generally is depreciated under the modified ac-
                                                                                celerated cost recovery system (‘‘MACRS’’), which determines de-
                                                                                preciation for different types of property based on an assigned ap-
                                                                                plicable depreciation method, recovery period,139 and convention.140
                                                                                       Special depreciation allowance for second generation biofuel
                                                                                            plant property
                                                                                   An additional first-year depreciation deduction is allowed equal
                                                                                to 50 percent of the adjusted basis of qualified second generation
                                                                                biofuel plant property for the taxable year in which the property
                                                                                is placed in service.141 In order to qualify, the property generally
                                                                                must be placed in service before January 1, 2018.142
                                                                                   The additional first-year depreciation deduction is allowed for
                                                                                both regular tax and alternative minimum tax purposes,143 but is
                                                                                not allowed in computed earnings and profits.144 The additional
                                                                                first-year depreciation deduction is subject to the general rules re-
                                                                                garding whether a cost is subject to capitalization under section
                                                                                263A. The basis of the property and the depreciation allowances in
                                                                                the year of purchase and later years are appropriately adjusted to
                                                                                reflect the additional first-year depreciation deduction.145
                                                                                       Qualified property
                                                                                   Qualified second generation biofuel plant property means depre-
                                                                                ciable property used in the U.S. solely to produce any liquid fuel
                                                                                that (1) is derived by, or from, qualified feedstocks, and (2) meets
                                                                                the registration requirements for fuels and fuel additives estab-
                                                                                lished by the Environmental Protection Agency (‘‘EPA’’) under sec-
                                                                                tion 211 of the Clean Air Act.146 Qualified feedstock means any
                                                                                lignocellulosic or hemicellulosic matter that is available on a re-
                                                                                newable or recurring basis,147 and any cultivated algae,
                                                                                  137 See secs. 263(a) and 167. In general, only the tax owner of property (i.e., the taxpayer with
                                                                                the benefits and burdens of ownership) is entitled to claim tax benefits such as cost recovery
                                                                                deductions with respect to the property. In addition, where property is not used exclusively in
                                                                                a taxpayer’s business, the amount eligible for a deduction must be reduced by the amount re-
                                                                                lated to personal use. See, e.g., sec. 280A.
                                                                                  138 See Treas. Reg. secs. 1.167(a)–10(b), 1.167(a)–3, 1.167(a)–14, and 1.197–2(f). See also
                                                                                Treas. Reg. sec. 1.167(a)–11(e)(1)(i).
                                                                                  139 The applicable recovery period for an asset is determined in part by statute and in part
                                                                                by historic Treasury guidance. Exercising authority granted by Congress, the Secretary issued
                                                                                Rev. Proc. 87–56, 1987–2 C.B. 674, laying out the framework of recovery periods for enumerated
                                                                                classes of assets. The Secretary clarified and modified the list of asset classes in Rev. Proc. 88–
                                                                                22, 1988–1 C.B. 785. In November 1988, Congress revoked the Secretary’s authority to modify
                                                                                the class lives of depreciable property. Rev. Proc. 87–56, as modified, remains in effect except
                                                                                to the extent that the Congress has, since 1988, statutorily modified the recovery period for cer-
                                                                                tain depreciable assets, effectively superseding any administrative guidance with regard to such
                                                                                property.
                                                                                  140 Sec. 168.
                                                                                  141 Sec. 168(l).
                                                                                  142 Sec. 168(l)(2)(D).
                                                                                  143 Sec. 168(l)(5). Note that the corporate minimum tax was repealed for taxable years begin-
                                                                                ning after December 31, 2017. See an Act to Provide for Reconciliation Pursuant to Titles II
                                                                                and V of the Concurrent Resolution on the Budget for Fiscal Year 2018, Pub. L. No. 115–97,
                                                                                sec. 2001, December 22, 2017.
                                                                                  144 Sec. 312(k)(3).
                                                                                  145 Sec. 168(l)(1)(B).
                                                                                  146 Secs. 168(l)(2)(A) and 40(b)(6)(E).




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                                                                                  147 For example, lignocellulosic or hemicellulosic matter that is available on a renewable or
                                                                                recurring basis includes bagasse (from sugar cane), corn stalks, and switchgrass. See Joint Com-
                                                                                mittee on Taxation, General Explanation of Tax Legislation Enacted in the 109th Congress
                                                                                (JCS–1–07), January 2007, p. 722.




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                                                                                cyanobacteria, or lemna.148 Second generation biofuel does not in-
                                                                                clude any alcohol with a proof of less than 150 or certain unproc-
                                                                                essed fuel.149 Unprocessed fuels are fuels that (1) are more than
                                                                                four percent (determined by weight) water and sediment in any
                                                                                combination, (2) have an ash content of more than one percent (de-
                                                                                termined by weight), or (3) have an acid number greater than
                                                                                25.150
                                                                                  In order for such property to qualify for the additional first-year
                                                                                depreciation deduction, it must also meet the following require-
                                                                                ments: (1) the original use of the property must commence with the
                                                                                taxpayer; and (2) the property must be (i) acquired by purchase (as
                                                                                defined under section 179(d)) by the taxpayer, and (ii) placed in
                                                                                service before January 1, 2018.151 Property that is manufactured,
                                                                                constructed, or produced by the taxpayer for use by the taxpayer
                                                                                qualifies if the taxpayer begins the manufacture, construction, or
                                                                                production of the property before January 1, 2018 (and all other re-
                                                                                quirements are met).152 Property that is manufactured, con-
                                                                                structed, or produced for the taxpayer by another person under a
                                                                                contract that is entered into prior to the manufacture, construction,
                                                                                or production of the property is considered to be manufactured,
                                                                                constructed, or produced by the taxpayer.
                                                                                       Exceptions
                                                                                   Property not eligible for the additional first-year depreciation de-
                                                                                duction under section 168(l) includes (1) any property to which the
                                                                                additional first-year depreciation allowance under section 168(k)
                                                                                applies,153 (2) any property required to be depreciated under the al-
                                                                                ternative depreciation system of section 168(g),154 (3) any property
                                                                                any portion of which is financed with the proceeds of a tax-exempt
                                                                                obligation under section 103,155 and (4) any property with respect
                                                                                to which the taxpayer has elected 50-percent expensing under sec-
                                                                                tion 179C (relating to election to expense certain refineries).156
                                                                                   A taxpayer may elect out of the additional first-year depreciation
                                                                                for any class of property for any taxable year.157
                                                                                   In addition, recapture rules apply if the property ceases to be
                                                                                qualified second generation biofuel plant property.158
                                                                                                                           REASONS FOR CHANGE

                                                                                  The Committee acknowledges that encouraging the manufac-
                                                                                turing of biofuels (including algae-based fuels) in the United States
                                                                                is important for fostering innovative new technology, encouraging
                                                                                energy independence, supporting the commercial production of
                                                                                these fuels, and creating manufacturing jobs in the United States.
                                                                                Therefore, the Committee believes the special depreciation allow-
                                                                                     148 Sec. 40(b)(6)(F).
                                                                                     149 Sec. 40(b)(6)(E)(ii) and (iii).
                                                                                     150 Sec. 40(b)(6)(E)(iii).
                                                                                  151 Sec. 168(l)(2). Requirements relating to actions taken before 2007 are not described herein
                                                                                since they have little (if any) remaining effect.
                                                                                  152 Sec. 168(l)(4) and (k)(2)(E).
                                                                                  153 Sec. 168(l)(3)(A).
                                                                                  154 Sec. 168(l)(3)(B).




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                                                                                  155 Sec. 168(l)(3)(C).
                                                                                  156 Sec. 168(l)(7).
                                                                                  157 Sec. 168(l)(3)(D).
                                                                                  158 Sec. 168(l)(6).




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                                                                                                                                    56

                                                                                ance for second generation biofuel plant property should be ex-
                                                                                tended.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends the special depreciation allowance for
                                                                                three years, to qualified second generation biofuel plant property
                                                                                placed in service prior to January 1, 2021.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to property placed in service after Decem-
                                                                                ber 31, 2017.
                                                                                 10. ENERGY-EFFICIENT COMMERCIAL BUILDINGS DEDUCTION (SEC. 131
                                                                                             OF THE BILL AND SEC. 179D OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                       In general
                                                                                   Section 179D provides an election under which a taxpayer may
                                                                                take an immediate deduction equal to energy-efficient commercial
                                                                                building property expenditures made by the taxpayer. Energy-effi-
                                                                                cient commercial building property is defined as property (1) which
                                                                                is installed on or in any building located in the United States that
                                                                                is within the scope of Standard 90.1–2007 of the American Society
                                                                                of Heating, Refrigerating, and Air Conditioning Engineers and the
                                                                                Illuminating Engineering Society of North America (‘‘ASHRAE/
                                                                                IESNA’’), (2) which is installed as part of (i) the interior lighting
                                                                                systems, (ii) the heating, cooling, ventilation, and hot water sys-
                                                                                tems, or (iii) the building envelope, and (3) which is certified as
                                                                                being installed as part of a plan designed to reduce the total an-
                                                                                nual energy and power costs with respect to the interior lighting
                                                                                systems, heating, cooling, ventilation, and hot water systems of the
                                                                                building by 50 percent or more in comparison to a reference build-
                                                                                ing which meets the minimum requirements of Standard 90.1–2007
                                                                                (as in effect before the date of the adoption of ASHRAE/IESNA
                                                                                Standard 90.1–2010). The deduction is limited to an amount equal
                                                                                to $1.80 per square foot of the property for which such expendi-
                                                                                tures are made. The deduction is allowed in the year in which the
                                                                                property is placed in service.
                                                                                   Certain certification requirements must be met in order to qual-
                                                                                ify for the deduction. The Secretary, in consultation with the Sec-
                                                                                retary of Energy, will promulgate regulations that describe meth-
                                                                                ods of calculating and verifying energy and power costs using quali-
                                                                                fied computer software based on the provisions of the 2005 Cali-
                                                                                fornia Nonresidential Alternative Calculation Method Approval
                                                                                Manual.
                                                                                   The Secretary is granted authority to prescribe procedures for
                                                                                the inspection and testing for compliance of buildings that are com-
                                                                                parable, given the difference between commercial and residential
                                                                                buildings, to the requirements in the Mortgage Industry National
                                                                                Accreditation Procedures for Home Energy Rating Systems.159 In-
                                                                                dividuals qualified to determine compliance shall only be those rec-




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                                                                                  159 See IRS Notice 2006–52, 2006–1 C.B. 1175, June 2, 2006; IRS Notice 2008–40, 2008–14
                                                                                I.R.B. 725 March 11, 2008.




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                                                                                ognized by one or more organizations certified by the Secretary for
                                                                                such purposes.
                                                                                  For energy-efficient commercial building property expenditures
                                                                                made by a public entity, such as public schools, the deduction may
                                                                                be allocated to the person primarily responsible for designing the
                                                                                property in lieu of the public entity.
                                                                                  If a deduction is allowed under this section, the basis of the prop-
                                                                                erty is reduced by the amount of the deduction.
                                                                                  The deduction applies to property placed in service prior to Janu-
                                                                                ary 1, 2018.
                                                                                          Partial allowance of deduction
                                                                                       (1) System-specific deductions
                                                                                  In the case of a building that does not meet the overall building
                                                                                requirement of 50-percent energy savings, a partial deduction is al-
                                                                                lowed with respect to each separate building system that comprises
                                                                                energy efficient property and which is certified by a qualified pro-
                                                                                fessional as meeting or exceeding the applicable system-specific
                                                                                savings targets established by the Secretary. The applicable sys-
                                                                                tem-specific savings targets to be established by the Secretary are
                                                                                those that would result in a total annual energy savings with re-
                                                                                spect to the whole building of 50 percent, if each of the separate
                                                                                systems met the system specific target. The separate building sys-
                                                                                tems are (1) the interior lighting system, (2) the heating, cooling,
                                                                                ventilation and hot water systems, and (3) the building envelope.
                                                                                The maximum allowable deduction is $0.60 per square foot for each
                                                                                separate system.
                                                                                       (2) Interim rules for lighting systems
                                                                                   In general, in the case of system-specific partial deductions, no
                                                                                deduction is allowed until the Secretary establishes system-specific
                                                                                targets.160 However, in the case of lighting system retrofits, until
                                                                                such time as the Secretary issues final regulations, the system-spe-
                                                                                cific energy savings target for the lighting system is deemed to be
                                                                                met by a reduction in lighting power density of 40 percent (50 per-
                                                                                cent in the case of a warehouse) of the minimum requirements in
                                                                                Table 9.3.1.1 or Table 9.3.1.2 of ASHRAE/IESNA Standard 90.1–
                                                                                2007. Also, in the case of a lighting system that reduces lighting
                                                                                power density by 25 percent, a partial deduction of 30 cents per
                                                                                square foot is allowed. A pro-rated partial deduction is allowed in
                                                                                the case of a lighting system that reduces lighting power density
                                                                                between 25 percent and 40 percent. Certain lighting level and
                                                                                lighting control requirements must also be met in order to qualify
                                                                                for the partial lighting deductions under the interim rule.


                                                                                   160 IRS Notice 2008–40, supra, set a target of a 10-percent reduction in total energy and power

                                                                                costs with respect to the building envelope, and 20 percent each with respect to the interior
                                                                                lighting system and the heating, cooling, ventilation and hot water systems. IRS Notice 2012–
                                                                                26 (2012–17 I.R.B. 847 April 23, 2012) established new targets of 10-percent reduction in total




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                                                                                energy and power costs with respect to the building envelope, 25 percent with respect to the
                                                                                interior lighting system and 15 percent with respect to the heating, cooling, ventilation and hot
                                                                                water systems, effective beginning March 12, 2012. The targets from Notice 2008–40 may be
                                                                                used until December 31, 2013, but the targets of Notice 2012–26 apply thereafter.




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                                                                                                                       REASONS FOR CHANGE

                                                                                   The Committee believes that it is in the national interest to con-
                                                                                serve energy. The Committee further recognizes that commercial
                                                                                buildings consume a significant amount of energy resources and
                                                                                that reductions in commercial energy use have the potential to re-
                                                                                duce national energy consumption. Therefore, the Committee be-
                                                                                lieves that the energy efficient commercial building deduction
                                                                                should be extended.
                                                                                                                   EXPLANATION OF PROVISION

                                                                                  The provision extends the deduction for three years, through De-
                                                                                cember 31, 2020.
                                                                                                                             EFFECTIVE DATE

                                                                                  The provision applies to property placed in service after Decem-
                                                                                ber 31, 2017.
                                                                                11. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT FERC
                                                                                  OR STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED ELEC-
                                                                                  TRIC UTILITIES (SEC. 132 OF THE BILL AND SEC. 451(k) OF THE CODE)

                                                                                                                              PRESENT LAW

                                                                                  A taxpayer selling property generally realizes gain to the extent
                                                                                the sales price (and any other consideration received) exceeds the
                                                                                taxpayer’s basis in the property.161 The realized gain is subject to
                                                                                current income tax 162 unless the recognition of the gain is deferred
                                                                                or excluded from income under a special tax provision.163
                                                                                  One such special tax provision permits taxpayers to elect to rec-
                                                                                ognize gain from qualifying electric transmission transactions rat-
                                                                                ably over an eight-year period beginning in the year of sale if the
                                                                                amount realized from such sale is used to purchase exempt utility
                                                                                property within the applicable period 164 (the ‘‘reinvestment prop-
                                                                                erty’’).165 If the amount realized exceeds the amount used to pur-
                                                                                chase reinvestment property, any realized gain is recognized to the
                                                                                extent of such excess in the year of the qualifying electric trans-
                                                                                mission transaction.
                                                                                  A qualifying electric transmission transaction is the sale or other
                                                                                disposition of property used by a qualified electric utility to an
                                                                                independent transmission company prior to January 1, 2018.166 A
                                                                                qualified electric utility is defined as an electric utility, which as
                                                                                of the date of the qualifying electric transmission transaction, is
                                                                                vertically integrated in that it is both (1) a transmitting utility (as
                                                                                defined in the Federal Power Act 167 ) with respect to the trans-
                                                                                     161 See sec. 1001.
                                                                                     162 See secs. 61 and 451.
                                                                                     163 See, e.g., secs. 453, 1031, and 1033.
                                                                                   164 The applicable period for a taxpayer to reinvest the proceeds is four years after the close

                                                                                of the taxable year in which the qualifying electric transmission transaction occurs.
                                                                                   165 Sec. 451(k).
                                                                                   166 Sec. 451(k)(3).




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                                                                                   167 Sec. 3(23), 16 U.S.C. sec. 796, defines ‘‘transmitting utility’’ as any electric utility, quali-

                                                                                fying cogeneration facility, qualifying small power production facility, or Federal power mar-
                                                                                keting agency that owns or operates electric power transmission facilities that are used for the
                                                                                sale of electric energy at wholesale.




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                                                                                mission facilities to which the election applies, and (2) an electric
                                                                                utility (as defined in the Federal Power Act 168 ).169
                                                                                   In general, an independent transmission company is defined as:
                                                                                (1) an independent transmission provider 170 approved by the Fed-
                                                                                eral Energy Regulatory Commission (‘‘FERC’’); (2) a person (i) who
                                                                                the FERC determines under section 203 of the Federal Power
                                                                                Act 171 (or by declaratory order) is not a ‘‘market participant’’ and
                                                                                (ii) whose transmission facilities are placed under the operational
                                                                                control of a FERC-approved independent transmission provider no
                                                                                later than four years after the close of the taxable year in which
                                                                                the transaction occurs; or (3) in the case of facilities subject to the
                                                                                jurisdiction of the Public Utility Commission of Texas, (i) a person
                                                                                which is approved by that Commission as consistent with Texas
                                                                                State law regarding an independent transmission organization, or
                                                                                (ii) a political subdivision, or affiliate thereof, whose transmission
                                                                                facilities are under the operational control of an organization de-
                                                                                scribed in (i).172
                                                                                   Exempt utility property is defined as: (1) property used in the
                                                                                trade or business of (i) generating, transmitting, distributing, or
                                                                                selling electricity or (ii) producing, transmitting, distributing, or
                                                                                selling natural gas; or (2) stock in a controlled corporation whose
                                                                                principal trade or business consists of the activities described in
                                                                                (1).173 Exempt utility property does not include any property that
                                                                                is located outside of the United States.174
                                                                                   If a taxpayer is a member of an affiliated group of corporations
                                                                                filing a consolidated return, the reinvestment property may be pur-
                                                                                chased by any member of the affiliated group (in lieu of the tax-
                                                                                payer).175
                                                                                                                   REASONS FOR CHANGE

                                                                                   The Committee believes that the ‘‘unbundling’’ of electric trans-
                                                                                mission assets held by vertically integrated utilities, with the
                                                                                transmission assets ultimately placed under the ownership or con-
                                                                                trol of independent transmission providers (or other similarly-ap-
                                                                                proved operators), continues to be an important policy. To continue
                                                                                facilitating the implementation of this policy, the Committee be-
                                                                                lieves it is appropriate to assist taxpayers in moving forward with
                                                                                industry restructuring by continuing to provide a tax deferral for
                                                                                gain associated with certain dispositions of electric transmission
                                                                                assets. The Committee believes this provision will encourage the
                                                                                sale of transmission property from electric utilities to independent
                                                                                transmission companies to improve transmission management and
                                                                                facilitate competitive transmission markets.

                                                                                  168 Sec. 3(22), 16 U.S.C. sec. 796, defines ‘‘electric utility’’ as any person or State agency (in-

                                                                                cluding any municipality) that sells electric energy; such term includes the Tennessee Valley
                                                                                Authority, but does not include any Federal power marketing agency.
                                                                                  169 Sec. 451(k)(6).
                                                                                  170 For example, a regional transmission organization, an independent system operator, or an

                                                                                independent transmission company.
                                                                                  171 16 U.S.C. sec. 824b.




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                  172 Sec. 451(k)(4).
                                                                                  173 Sec. 451(k)(5).
                                                                                  174 Sec. 451(k)(5)(C).
                                                                                  175 Sec. 451(k)(7).




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                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends for three years, through December 31,
                                                                                2020, the deferral provision for qualifying electric transmission
                                                                                transactions.
                                                                                                                         EFFECTIVE DATE

                                                                                     The provision applies to dispositions after December 31, 2017.
                                                                                12. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS RELATING
                                                                                  TO ALTERNATIVE FUELS (SEC. 133 OF THE BILL AND SECS. 6426 AND
                                                                                  6427 OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                   The Code provides two per-gallon excise tax credits with respect
                                                                                to alternative fuel: the alternative fuel credit, and the alternative
                                                                                fuel mixture credit. For this purpose, the term ‘‘alternative fuel’’
                                                                                means liquefied petroleum gas, P Series fuels (as defined by the
                                                                                Secretary of Energy under 42 U.S.C. sec. 13211(2)), compressed or
                                                                                liquefied natural gas, liquefied hydrogen, liquid fuel derived from
                                                                                coal through the Fischer-Tropsch process (‘‘coal-to-liquids’’), com-
                                                                                pressed or liquefied gas derived from biomass, or liquid fuel derived
                                                                                from biomass. Such term does not include ethanol, methanol, or
                                                                                biodiesel. ‘‘Alternative fuel’’ also does not include fuel (including
                                                                                lignin, wood residues, or spent pulping liquors) derived from the
                                                                                production of paper or pulp.
                                                                                   For coal-to-liquids produced after December 30, 2009, the fuel
                                                                                must be certified as having been derived from coal produced at a
                                                                                gasification facility that separates and sequesters 75 percent of
                                                                                such facility’s total carbon dioxide emissions.
                                                                                   The alternative fuel credit is allowed against section 4041 liabil-
                                                                                ity, and the alternative fuel mixture credit is allowed against sec-
                                                                                tion 4081 liability.176 Neither credit is allowed unless the taxpayer
                                                                                is registered with the Secretary. The alternative fuel credit is gen-
                                                                                erally 50 cents per gallon (or applicable gasoline or diesel gallon
                                                                                equivalents 177) of alternative fuel sold by the taxpayer for use as
                                                                                a motor fuel in a motor vehicle or motorboat, sold for use in avia-
                                                                                tion or so used by the taxpayer.
                                                                                   The alternative fuel mixture credit is 50 cents per gallon of alter-
                                                                                native fuel used in producing an alternative fuel mixture for sale
                                                                                or use in a trade or business of the taxpayer. An ‘‘alternative fuel
                                                                                mixture’’ is a mixture of alternative fuel and taxable fuel (gasoline,
                                                                                diesel fuel or kerosene) that contains at least 1/10 of one percent
                                                                                taxable fuel.178 The mixture must be sold by the taxpayer pro-
                                                                                   176 Relating to the excise tax imposed upon removal of gasoline, aviation gasoline, diesel fuel
                                                                                and kerosene.
                                                                                   177 With respect to any nonliquid alternative fuel (e.g., compressed natural gas), ‘‘gasoline gal-
                                                                                lon equivalent’’ means the amount of such fuel having a Btu (British thermal unit) content of
                                                                                124,800 (higher heating value). For liquefied petroleum gas, the credit is determined by ref-
                                                                                erence to the energy equivalent of a gallon gasoline, and for liquidized natural gas, it is the
                                                                                energy equivalent of a gallon of diesel.
                                                                                   178 It has been argued that, for purposes of the alternative fuel mixture credit, butane is lique-
                                                                                fied petroleum gas. The term ‘‘liquefied petroleum gas’’ is not defined for purposes of section
                                                                                6426. Butane is a gasoline blendstock under section 48.4081–1(c)(3)(i) of the Treasury regula-
                                                                                tions and, therefore, is gasoline for purposes of section 4083. In Revenue Ruling 2018–2, the




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Internal Revenue Service determined that butane is not an alternative fuel but is a gasoline
                                                                                blendstock as defined in the regulations. As a result, a mixture of butane and gasoline is a mix-
                                                                                ture of two taxable fuels. The IRS held that it is not an alternative fuel mixture and does not
                                                                                qualify for the alternative fuel mixture credit.




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                                                                                ducing such mixture to any person for use as a fuel, or used by the
                                                                                taxpayer producing the mixture as a fuel. The credits expired after
                                                                                December 31, 2017.
                                                                                  A person may file a claim for payment equal to the amount of
                                                                                the alternative fuel credit (but not the alternative fuel mixture
                                                                                credit). The alternative fuel credit must first be applied to the ap-
                                                                                plicable excise tax liability under section 4041, and any excess
                                                                                credit may be taken as a payment. The payment provision for alter-
                                                                                native fuel expired after December 31, 2017.
                                                                                                                   REASONS FOR CHANGE

                                                                                   The alternative fuel mixture credit first appeared as part of the
                                                                                Senate Finance Committee’s markup of the Energy Tax Incentives
                                                                                Act of 2005 179 and was enacted as part of the Safe, Efficient Trans-
                                                                                portation Equity Act: A Legacy for Users in 2005.180 The alter-
                                                                                native fuel mixture credit is part of a suite of incentives intended
                                                                                to reduce U.S. reliance on conventional gasoline, diesel, and ker-
                                                                                osene by focusing on alternative fuels, thereby lessening U.S. de-
                                                                                pendence on foreign oil.181
                                                                                   More than a decade after its enactment, in late 2016 or early
                                                                                2017, promotional literature appeared urging taxpayers to assert
                                                                                on amended returns that butane (a standard component chemical
                                                                                present in all gasoline), when blended with gasoline, constituted an
                                                                                alternative fuel mixture. The theory behind this aggressive tax po-
                                                                                sition is that the butane in the mixture was a form of liquefied pe-
                                                                                troleum gas, an alternative fuel.182 The Code does not provide a
                                                                                definition of liquefied petroleum gas for purposes of the alternative
                                                                                fuel mixture credit. The use of butane as an ingredient in gasoline
                                                                                predates the enactment of the alternative fuel mixture credit by
                                                                                many years and Congress never intended to incentivize such a
                                                                                widespread and established practice in the production of conven-
                                                                                tional gasoline necessary to meet environmental and performance
                                                                                standards.
                                                                                   Others have claimed that butane mixed with propane is an alter-
                                                                                native fuel mixture, asserting that butane is the taxable fuel com-
                                                                                ponent of the mixture. However, the presence of butane in propane
                                                                                does not further the goals of the mixture credit and the amount
                                                                                that can be added to propane for sale is significantly limited by in-
                                                                                   179 Joint Committee on Taxation, Description of Provisions of the ‘‘Energy Policy Tax Incentives
                                                                                Act of 2005,’’ (JCX–44–05, June 14, 2005) at p. 46.
                                                                                   180 Pub. L. No. 109–59, sec. 11113.
                                                                                   181 For example, see, H. Rpt. No. 110-658, at page 76: Alternative fuels are a significant com-
                                                                                ponent of establishing the nation’s independence from foreign oil. The fuel incentives were not
                                                                                intended to subsidize fuels with no nexus to the United States. The Committee is aware of situa-
                                                                                tions in which foreign-produced fuel is imported into the United States, mixed with a small
                                                                                amount of diesel fuel, in order to qualify for the credit for qualified biodiesel fuel mixtures, and
                                                                                then the fuel is exported. This practice does not contribute to establishing the country’s fuel
                                                                                independence, therefore, the provision denies the fuel credits and payments to such fuel.
                                                                                   182 Taxpayers have filed several lawsuits recently challenging the IRS position that mixtures
                                                                                of butane and gasoline do not qualify for the alternative fuel mixture credit. See Rev. Rul. 2018–
                                                                                2, 2018–2 I.R.B. 277. The Committee is also aware of disputes regarding the meaning of com-
                                                                                pressed natural gas (‘‘CNG’’). IRS Chief Counsel issued informal advice on the meaning of ‘‘com-
                                                                                pressed natural gas’’ for purposes of section 6426. FSA No. 20151001F (March 6, 2016) https://
                                                                                www.irs.gov/pub/irs-lafa/151001f.pdf. The advice notes that CNG is generally defined as natural
                                                                                gas in its gaseous form that is contained under pressure of approximately 2,400 to 3600 psi (per
                                                                                square inch) and of the quality required for use as a fuel in vehicles. The Committee is aware




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                that some taxpayers argue that lower levels of pressure sufficient to get any natural gas through
                                                                                a pipeline from the wellhead should qualify as CNG for purposes of the alternative fuel mixture
                                                                                credit. This interpretation is not consistent with Congressional intent to subsidize fuel capable
                                                                                of being used as a substitute for traditional motor vehicle fuel.




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                                                                                                                                    62

                                                                                dustry standards.183 It is the understanding of the Committee that
                                                                                butane is being added in minor amounts to the propane sold simply
                                                                                to qualify for the alternative mixture credit. Such practice does not
                                                                                further the goals of energy independence.
                                                                                   It is the Committee’s understanding that if the taxpayers’ claims
                                                                                (including lawsuits) are successful, the government stands to lose
                                                                                tens of billions of dollars in revenue resulting from amended re-
                                                                                turns seeking to retroactively take advantage of the unintended
                                                                                loophole for prior years, and also an additional estimated $5 billion
                                                                                per year from any prospective extensions of the alternative fuel
                                                                                mixture credit if this issue is not addressed.
                                                                                   For the foregoing reasons, the Committee has determined that it
                                                                                must close this unintended loophole to protect the public fisc and
                                                                                to prevent a windfall resulting from erroneous interpretations of
                                                                                the law. The Committee believes that once the loophole is properly
                                                                                closed, it is appropriate to extend the incentives. Such an extension
                                                                                will encourage the use and development of alternative motor fuels
                                                                                as substitutes for traditional motor fuels, and will reduce reliance
                                                                                on traditional motor fuels by displacing a significant portion of that
                                                                                traditional volume with alternative fuels included as part of an al-
                                                                                ternative fuel mixture.
                                                                                                               EXPLANATION OF PROVISION

                                                                                   The provision extends the alternative fuel credit and related pay-
                                                                                ment provisions, and the alternative fuel mixture credit through
                                                                                December 31, 2020.
                                                                                   The provision creates a special rule to address claims regarding
                                                                                excise tax credits and claims for payment for alternative fuel sold
                                                                                or used during the period beginning on January 1, 2018, through
                                                                                the close of the last calendar quarter beginning before the date of
                                                                                enactment. In particular, the provision directs the Secretary to
                                                                                issue guidance within 30 days of the date of enactment. Such guid-
                                                                                ance is to provide for a one-time submission of claims covering
                                                                                those periods. The guidance is to provide for a 180-day period for
                                                                                the submission of such claims (in such manner as prescribed by the
                                                                                Secretary) to begin no later than 30 days after such guidance is
                                                                                issued. Such claims shall be paid by the Secretary of the Treasury
                                                                                not later than 60 days after receipt. If the claim is not paid within
                                                                                60 days of the date of the filing, the claim shall be paid with inter-
                                                                                est from such date determined by using the overpayment rate and
                                                                                method under section 6621.
                                                                                   The provision also makes it clear that for purposes of the alter-
                                                                                native fuel mixtures credit, an alternative fuel mixture is not a
                                                                                mixture that includes liquefied petroleum gas, compressed or lique-
                                                                                fied natural gas, or compressed or liquefied gas derived from bio-
                                                                                mass.
                                                                                   183 Propane for sale must adhere to commercial and international grades and standards for
                                                                                purity. U.S. Energy Information Administration, Hydrocarbon Gas Liquids (HGL): Recent Mar-
                                                                                ket Trends and Issues (November 2014) at 24 (https://www.eia.gov/analysis/hgl/pdf/hgl.pdf). It is
                                                                                understood that in an effort to qualify for the mixture credit while still remaining within re-
                                                                                quired standards, in practice only a minimum amount of butane (generally one-tenth of one per-




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                cent) is added to the propane. ‘‘Propane is consumed in the United States primarily in residen-
                                                                                tial and commercial buildings for water heating, cooking, and seasonally as a fuel for space heat-
                                                                                ing, located in regions where natural gas supply is limited or unavailable.’’ Ibid. Unlike the al-
                                                                                ternative fuel credit, the mixture credit is not limited to transportation applications.




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                                                                                                                         EFFECTIVE DATE

                                                                                   The provision generally applies to fuel sold or used after Decem-
                                                                                ber 31, 2017. The clarification applies to fuel sold or used on or
                                                                                after the date of enactment and fuel sold or used before such date
                                                                                of enactment, but only to the extent that credits and claims of cred-
                                                                                it under section 6426(e) (relating to the alternative fuel mixture
                                                                                credit) with respect to such sale or use have not been paid or al-
                                                                                lowed as of such date.
                                                                                 13. OIL SPILL LIABILITY TRUST FUND RATE (SEC. 134 OF THE BILL AND
                                                                                                        SEC. 4611 OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                   Prior to its expiration, the Oil Spill Liability Trust Fund financ-
                                                                                ing rate (‘‘oil spill tax’’) was nine cents per barrel. It generally ap-
                                                                                plies to crude oil received at a U.S. refinery and to petroleum prod-
                                                                                ucts entered into the United States for consumption, use, or
                                                                                warehousing.184 The oil spill tax also applies to certain uses and
                                                                                the exportation of domestic crude oil.185 If any domestic crude oil
                                                                                is used in or exported from the United States, and before such use
                                                                                or exportation no oil spill tax was imposed on such crude oil, then
                                                                                the oil spill tax is imposed on such crude oil. The tax does not
                                                                                apply to any use of crude oil for extracting oil or natural gas on
                                                                                the premises where such crude oil was produced.
                                                                                   For crude oil received at a refinery, the operator of the U.S. re-
                                                                                finery is liable for the tax. For imported petroleum products, the
                                                                                person entering the product for consumption, use, or warehousing
                                                                                is liable for the tax. For certain uses and exports, the person using
                                                                                or exporting the crude oil is liable for the tax. No tax is imposed
                                                                                with respect to any petroleum product if the person who would be
                                                                                liable for such tax establishes that a prior oil spill tax has been im-
                                                                                posed with respect to such product.
                                                                                   The tax does not apply to any periods after December 31, 2018.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes it is appropriate to reinstate the oil spill
                                                                                tax to provide funding for expenditures from the Oil Spill Liability
                                                                                Trust Fund.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends the oil spill tax through December 31,
                                                                                2020.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies beginning on the first day of the first cal-
                                                                                endar month beginning after the date of enactment of this Act.




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                                                                                  184 The term ‘‘crude oil’’ includes crude oil condensates and natural gasoline. The term ‘‘petro-

                                                                                leum product’’ includes crude oil.
                                                                                  185 The term ‘‘domestic crude oil’’ means any crude oil produced from a well located in the

                                                                                United States.




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                                                                                          D. CERTAIN PROVISIONS EXPIRING AT THE END OF 2019
                                                                                 1. NEW MARKETS TAX CREDIT (SEC. 141 OF THE BILL AND SEC. 45D OF
                                                                                                          THE CODE)

                                                                                                                         PRESENT LAW

                                                                                   Section 45D provides a new markets tax credit for qualified eq-
                                                                                uity investments made to acquire stock in a corporation, or a cap-
                                                                                ital interest in a partnership, that is a qualified community devel-
                                                                                opment entity (‘‘CDE’’).186 The amount of the credit allowable to
                                                                                the investor (either the original purchaser or a subsequent holder)
                                                                                is (1) a five-percent credit for the year in which the equity interest
                                                                                is purchased from the CDE and for each of the following two years,
                                                                                and (2) a six-percent credit for each of the following four years.187
                                                                                The credit is determined by applying the applicable percentage
                                                                                (five or six percent) to the amount paid to the CDE for the invest-
                                                                                ment at its original issue, and is available to the taxpayer who
                                                                                holds the qualified equity investment on the date of the initial in-
                                                                                vestment or on the respective anniversary date that occurs during
                                                                                the taxable year.188 The credit is recaptured if at any time during
                                                                                the seven-year period that begins on the date of the original issue
                                                                                of the investment the entity (1) ceases to be a qualified CDE, (2)
                                                                                the proceeds of the investment cease to be used as required, or (3)
                                                                                the equity investment is redeemed.189
                                                                                   A qualified CDE is any domestic corporation or partnership: (1)
                                                                                whose primary mission is serving or providing investment capital
                                                                                for low-income communities or low-income persons; (2) that main-
                                                                                tains accountability to residents of low-income communities by
                                                                                their representation on any governing board of or any advisory
                                                                                board to the CDE; and (3) that is certified by the Secretary as
                                                                                being a qualified CDE.190 A qualified equity investment means
                                                                                stock (other than nonqualified preferred stock) in a corporation or
                                                                                a capital interest in a partnership that is acquired at its original
                                                                                issue directly (or through an underwriter) from a CDE for cash,
                                                                                and includes an investment of a subsequent purchaser if such in-
                                                                                vestment was a qualified equity investment in the hands of the
                                                                                prior holder.191 Substantially all of the investment proceeds must
                                                                                be used by the CDE to make qualified low-income community in-
                                                                                vestments and the investment must be designated as a qualified
                                                                                equity investment by the CDE. For this purpose, qualified low-in-
                                                                                come community investments include: (1) capital or equity invest-
                                                                                ments in, or loans to, qualified active low-income community busi-
                                                                                nesses; (2) certain financial counseling and other services to busi-
                                                                                nesses and residents in low-income communities; (3) the purchase
                                                                                from another CDE of any loan made by such entity that is a quali-
                                                                                fied low-income community investment; or (4) an equity investment
                                                                                in, or loan to, another CDE.192
                                                                                  186 Section 45D was added by section 121(a) of the Community Renewal Tax Relief Act of
                                                                                2000, Pub. L. No. 106–554.
                                                                                  187 Sec. 45D(a)(2).
                                                                                  188Sec. 45D(a)(3).




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                                                                                  189 Sec. 45D(g).
                                                                                  190 Sec. 45D(c).
                                                                                  191Sec. 45D(b).
                                                                                  192 Sec. 45D(d).




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                                                                                                                                       65

                                                                                  A ‘‘low-income community’’ is a population census tract with ei-
                                                                                ther (1) a poverty rate of at least 20 percent, or (2) median family
                                                                                income which does not exceed 80 percent of the greater of metro-
                                                                                politan area median family income or statewide median family in-
                                                                                come (for a non-metropolitan census tract, does not exceed 80 per-
                                                                                cent of statewide median family income). In the case of a popu-
                                                                                lation census tract located within a high migration rural county,
                                                                                low-income is defined by reference to 85 percent (as opposed to 80
                                                                                percent) of statewide median family income.193 For this purpose, a
                                                                                high migration rural county is any county that, during the 20-year
                                                                                period ending with the year in which the most recent census was
                                                                                conducted, has a net out-migration of inhabitants from the county
                                                                                of at least 10 percent of the population of the county at the begin-
                                                                                ning of such period.
                                                                                  The Secretary is authorized to designate ‘‘targeted populations’’’
                                                                                as low-income communities for purposes of the new markets tax
                                                                                credit.194 For this purpose, a ‘‘targeted population’’ is defined by
                                                                                reference to section 103(20) of the Riegle Community Development
                                                                                and Regulatory Improvement Act of 1994 195 (the ‘‘Act’’) to mean in-
                                                                                dividuals, or an identifiable group of individuals, including an In-
                                                                                dian tribe, who are low-income persons or otherwise lack adequate
                                                                                access to loans or equity investments. Section 103(17) of the Act
                                                                                provides that ‘‘low-income’’ means (1) for a targeted population
                                                                                within a metropolitan area, less than 80 percent of the area me-
                                                                                dian family income, and (2) for a targeted population within a non-
                                                                                metropolitan area, less than the greater of 80 percent of the area
                                                                                median family income or 80 percent of the statewide non-metropoli-
                                                                                tan area median family income. A targeted population is not re-
                                                                                quired to be within any census tract. In addition, a population cen-
                                                                                sus tract with a population of less than 2,000 is treated as a low-
                                                                                income community for purposes of the credit if such tract is within
                                                                                an empowerment zone, the designation of which is in effect under
                                                                                section 1391, and is contiguous to one or more low-income commu-
                                                                                nities.
                                                                                  A qualified active low-income community business is defined as
                                                                                a business that satisfies, with respect to a taxable year, the fol-
                                                                                lowing requirements: (1) at least 50 percent of the total gross in-
                                                                                come of the business is derived from the active conduct of trade or
                                                                                business activities in any low-income community; (2) a substantial
                                                                                portion of the tangible property of the business is used in a low-
                                                                                income community; (3) a substantial portion of the services per-
                                                                                formed for the business by its employees is performed in a low-in-
                                                                                come community; and (4) less than five percent of the average of
                                                                                the aggregate unadjusted bases of the property of the business is
                                                                                attributable to certain financial property or to certain collect-
                                                                                ibles.196
                                                                                  The maximum annual amount of qualified equity investments is
                                                                                $3.5 billion for calendar years 2010 through 2019. No amount of
                                                                                unused allocation limitation may be carried to any calendar year
                                                                                after 2024.




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                                                                                     193 Sec. 45D(e).
                                                                                     194 Sec. 45D(e)(2).
                                                                                     195 Pub. L. No. 103–325.
                                                                                     196 Sec. 45D(d)(2).




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                                                                                                                   REASONS FOR CHANGE

                                                                                   The Committee believes that the new markets tax credit has
                                                                                proven to be an effective means of providing needed capital to busi-
                                                                                nesses in low-income communities. Therefore, the Committee be-
                                                                                lieves that the new markets tax credit should be extended, and
                                                                                that up to $5 billion in qualified equity investments should be per-
                                                                                mitted for the 2020 calendar year.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  This provision extends the new markets tax credit for one year,
                                                                                through 2020, permitting up to $5 billion in qualified equity invest-
                                                                                ments for the 2020 calendar year. The provision also extends for
                                                                                one year, through 2025, the carryover period for unused new mar-
                                                                                kets tax credits.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to calendar years beginning after December
                                                                                31, 2019.
                                                                                 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE (SEC. 142
                                                                                              OF THE BILL AND SEC. 45S OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                  For wages paid in taxable years beginning after December 31,
                                                                                2017, and before January 1, 2020, ‘‘eligible employers’’’ may claim
                                                                                a general business credit equal to 12.5 percent of the amount of eli-
                                                                                gible wages (based on the normal hourly wage rate) paid to ‘‘quali-
                                                                                fying employees’’’ during any period in which such employees are
                                                                                on ‘‘family and medical leave’’ if the rate of payment under the pro-
                                                                                gram is 50 percent of the wages normally paid to an employee for
                                                                                actual services performed for the employer.197 The credit is in-
                                                                                creased by 0.25 percentage points (but not above 25 percent) for
                                                                                each percentage point by which the rate of payment exceeds 50 per-
                                                                                cent. The maximum amount of family and medical leave that may
                                                                                be taken into account with respect to any qualifying employee for
                                                                                any taxable year is 12 weeks.
                                                                                  An ‘‘eligible employer’’ is one which has in place a written policy
                                                                                that allows all qualifying full-time employees not less than two
                                                                                weeks of annual paid family and medical leave, and which allows
                                                                                all less-than-full-time qualifying employees a commensurate
                                                                                amount of leave (on a pro rata basis) compared to the leave pro-
                                                                                vided to full-time employees. The policy must also provide that the
                                                                                rate of payment under the program is not less than 50 percent of
                                                                                the wages normally paid to any such employee for services per-
                                                                                formed for the employer.
                                                                                  In addition, in order to be an eligible employer, the employer is
                                                                                prohibited from certain practices or acts which are also prohibited
                                                                                under the FMLA, regardless of whether the employer is subject to
                                                                                the FMLA. Specifically, the employer must provide paid family and
                                                                                medical leave in compliance with a written policy that ensures that
                                                                                the employer will not interfere with, restrain, or deny the exercise




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                                                                                  197 Wages for this purpose are Federal Unemployment Tax Act wages defined in section
                                                                                3306(b), without regard to the dollar limitation, but do not include amounts taken into account
                                                                                for purposes of determining any other credit under subpart D of the Code.




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                                                                                                                                     67

                                                                                of or the attempt to exercise, any right provided under the policy
                                                                                and will not discharge or in any other manner discriminate against
                                                                                any individual for opposing any practice prohibited by the policy.
                                                                                   A ‘‘qualifying employee’’ means any individual who is an em-
                                                                                ployee under tax rules and principles and is defined in section 3(e)
                                                                                of the Fair Labor Standards Act of 1938,198 as amended, who has
                                                                                been employed by the employer for one year or more, and who for
                                                                                the preceding year, had compensation not in excess of 60 percent
                                                                                of the compensation threshold in such year for highly compensated
                                                                                employees.199 For 2019, this 60 percent amount is $72,000.
                                                                                   ‘‘Family and medical leave’’ for purposes of section 45S is gen-
                                                                                erally defined as leave described under sections 102(a)(1)(A)–(E) or
                                                                                102(a)(3) of the FMLA.200 If an employer provides paid leave as va-
                                                                                cation leave, personal leave, or other medical or sick leave 201 (un-
                                                                                less the medical or sick leave is specifically for one or more of the
                                                                                ‘‘family and medical leave’’ purposes defined above), such paid
                                                                                leave would not be considered to be family and medical leave. In
                                                                                addition, leave paid for by a State or local government or required
                                                                                by State or local law (including such leave required to be paid by
                                                                                the employer) is not taken into account in determining the amount
                                                                                of paid family and medical leave provided by the employer that is
                                                                                eligible for the credit.
                                                                                   The Secretary will make determinations as to whether an em-
                                                                                ployer or an employee satisfies the applicable requirements for an
                                                                                eligible employer or qualifying employee, based on information pro-
                                                                                vided by the employer that the Secretary determines to be nec-
                                                                                essary or appropriate.
                                                                                                                     REASONS FOR CHANGE

                                                                                  The Committee believes that the paid family and medical leave
                                                                                tax credit is an important means to help incentivize employers to
                                                                                protect the wages of lower-paid employees experiencing certain
                                                                                family and medical events that necessitate time off from work.
                                                                                Therefore, the Committee believes that the credit should be ex-
                                                                                tended for the 2020 taxable year.
                                                                                                                 EXPLANATION OF PROVISION

                                                                                  The provision extends the paid family and medical leave credit
                                                                                for one year (for wages paid in taxable years beginning after De-
                                                                                cember 31, 2019, and before January 1, 2021).


                                                                                     198 Pub. L. No. 75–718 (June 25, 1938); 29 U.S.C. sec. 201, et seq.
                                                                                     199 Sec. 414(q)(1)(B) ($120,000 for 2018).
                                                                                  200 FMLA section 102(a)(1) provides leave for FMLA purposes due to (A) the birth of a son

                                                                                or daughter of the employee and in order to care for such son or daughter; (B) the placement
                                                                                of a son or daughter with the employee for adoption or foster care; (C) caring for the spouse,
                                                                                or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a
                                                                                serious health condition; (D) a serious health condition that makes the employee unable to per-
                                                                                form the functions of the employee’s position; (E) any qualifying exigency (as the Secretary of
                                                                                Labor shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter,
                                                                                or parent of the employee is on covered active duty (or has been notified of an impending call




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                                                                                or order to covered active duty) in the Armed Forces. In addition, FMLA section 102(a)(3) pro-
                                                                                vides leave for FMLA purposes due to the need of an employee who is a spouse, son, daughter,
                                                                                parent, or next-of-kin of an eligible service member to care for such service member.
                                                                                  201 These terms mean these types of leave within the meaning of FMLA section 102(d)(2).




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                                                                                                                                    68

                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to wages paid in taxable years beginning
                                                                                after December 31, 2019.
                                                                                 3. WORK OPPORTUNITY CREDIT (SEC. 143 OF THE BILL AND SEC. 51 OF
                                                                                                          THE CODE)

                                                                                                                          PRESENT LAW

                                                                                In general
                                                                                  The work opportunity tax credit is available on an elective basis
                                                                                for employers hiring individuals from one or more of ten targeted
                                                                                groups. The amount of the credit available to an employer is deter-
                                                                                mined by the amount of qualified wages paid by the employer. Gen-
                                                                                erally, qualified wages consist of wages attributable to service ren-
                                                                                dered by a member of a targeted group during the one-year period
                                                                                beginning with the day the individual begins work for the employer
                                                                                (two years in the case of an individual in the long-term family as-
                                                                                sistance recipient category).
                                                                                      Targeted groups eligible for the credit
                                                                                 Generally, an employer is eligible for the credit only for qualified
                                                                                wages paid to members of a targeted group.
                                                                                       (1) Families receiving TANF
                                                                                  An eligible recipient is an individual certified by the designated
                                                                                local agency (e.g., a State employment security agency) as being a
                                                                                member of a family eligible to receive benefits under the Tem-
                                                                                porary Assistance for Needy Families Program (‘‘TANF’’) for a pe-
                                                                                riod of at least nine months, part of which is during the 18-month
                                                                                period ending on the hiring date. For these purposes, members of
                                                                                the family are defined to include only those individuals taken into
                                                                                account for purposes of determining eligibility for the TANF.
                                                                                       (2) Qualified veteran
                                                                                   A qualified veteran is a veteran in one of five categories, certified
                                                                                by the designated local agency as: (1) a member of a family eligible
                                                                                to receive assistance under a supplemental nutritional assistance
                                                                                program (for at least a three month period during the year prior
                                                                                to the hiring date); (2) entitled to compensation for a service con-
                                                                                nected disability and hired within one year of discharge; (3) enti-
                                                                                tled to compensation for a service connected disability and unem-
                                                                                ployed for an aggregate of at least six months during the one year
                                                                                period ending on the hiring date; (4) unemployed for at least four
                                                                                weeks but less than six months (whether or not consecutive) during
                                                                                the one-year period ending on the date of hiring; or (5) unemployed
                                                                                for at least six months (whether or not consecutive) during the one-
                                                                                year period ending on the date of hiring.
                                                                                   A veteran is an individual who has served on active duty (other
                                                                                than for training) in the Armed Forces for more than 180 days or
                                                                                who has been discharged or released from active duty in the Armed
                                                                                Forces for a service-connected disability. However, any individual




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                                                                                who has served for a period of more than 90 days during which the
                                                                                individual was on active duty (other than for training) is not a
                                                                                qualified veteran if any of this active duty occurred during the 60-




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                                                                                                                                    69

                                                                                day period ending on the date the individual was hired by the em-
                                                                                ployer. This latter rule is intended to prevent employers who hire
                                                                                current members of the armed services (or those departed from
                                                                                service within the last 60 days) from receiving the credit.
                                                                                       (3) Qualified ex-felon
                                                                                   A qualified ex-felon is an individual certified by the designated
                                                                                local agency as (1) having been convicted of a felony under any
                                                                                State or Federal law; and (2) having a hiring date within one year
                                                                                of release from prison or the date of conviction.
                                                                                       (4) Designated community resident
                                                                                   A designated community resident is an individual certified by the
                                                                                designated local agency as being at least age 18 but not yet age 40
                                                                                on the hiring date and as having a principal place of abode within
                                                                                an empowerment zone, enterprise community, renewal community
                                                                                or a rural renewal community. For these purposes, a rural renewal
                                                                                county is a county outside a metropolitan statistical area (as de-
                                                                                fined by the Office of Management and Budget) which had a net
                                                                                population loss during the five-year periods 1990–1994 and 1995–
                                                                                1999. Qualified wages do not include wages paid or incurred for
                                                                                services performed while the individual’s principal place of abode
                                                                                is outside an empowerment zone, enterprise community, renewal
                                                                                community or a rural renewal community.
                                                                                       (5) Vocational rehabilitation referral
                                                                                   A vocational rehabilitation referral is an individual who is cer-
                                                                                tified by the designated local agency as an individual who has a
                                                                                physical or mental disability that constitutes a substantial handi-
                                                                                cap to employment and who has been referred to the employer
                                                                                while receiving, or after completing vocational rehabilitation serv-
                                                                                ices: (1) under an individualized, written plan for employment
                                                                                under a State plan approved under the Rehabilitation Act of 1973;
                                                                                (2) under a rehabilitation plan for veterans carried out under
                                                                                Chapter 31 of Title 38, U.S. Code; or (3) under an individual work
                                                                                plan developed and implemented by an employment network pur-
                                                                                suant to subsection (g) of section 1148 of the Social Security Act.
                                                                                Certification is provided by the designated local agency upon assur-
                                                                                ances from the vocational rehabilitation agency that the employee
                                                                                has met the above conditions.
                                                                                       (6) Qualified summer youth employee
                                                                                  A qualified summer youth employee is an individual: (1) who per-
                                                                                forms services during any 90-day period between May 1 and Sep-
                                                                                tember 15; (2) who is certified by the designated local agency as
                                                                                being 16 or 17 years of age on the hiring date; (3) who has not been
                                                                                an employee of that employer before; and (4) who is certified by the
                                                                                designated local agency as having a principal place of abode within
                                                                                an empowerment zone, enterprise community, or renewal commu-
                                                                                nity. As with designated community residents, no credit is avail-
                                                                                able on wages paid or incurred for service performed while the in-
                                                                                dividual’s principal place of abode is outside an empowerment zone,




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                                                                                enterprise community, or renewal community. If, after the end of
                                                                                the 90-day period, the employer continues to employ a youth who
                                                                                was certified during the 90-day period as a member of another tar-




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                                                                                                                                      70

                                                                                geted group, the limit on qualified first-year wages will take into
                                                                                account wages paid to the youth while a qualified summer youth
                                                                                employee.
                                                                                       (7) Qualified supplemental nutrition assistance program ben-
                                                                                            efits recipient
                                                                                   A qualified supplemental nutrition assistance program benefits
                                                                                recipient is an individual at least age 18 but not yet age 40 cer-
                                                                                tified by the designated local agency as being a member of a family
                                                                                receiving assistance under a food and nutrition program under the
                                                                                Food and Nutrition Act of 2008 for a period of at least six months
                                                                                ending on the hiring date. In the case of families that cease to be
                                                                                eligible for food and nutrition assistance under section 6(o) of the
                                                                                Food and Nutrition Act of 2008, the six-month requirement is re-
                                                                                placed with a requirement that the family has been receiving food
                                                                                and nutrition assistance for at least three of the five months end-
                                                                                ing on the date of hire. For these purposes, members of the family
                                                                                are defined to include only those individuals taken into account for
                                                                                purposes of determining eligibility for a food and nutrition assist-
                                                                                ance program under the Food and Nutrition Act of 2008.
                                                                                         (8) Qualified SSI recipient
                                                                                   A qualified SSI recipient is an individual designated by the des-
                                                                                ignated local agency as receiving supplemental security income
                                                                                (‘‘SSI’’) benefits under Title XVI of the Social Security Act for any
                                                                                month ending within the 60-day period ending on the hiring date.
                                                                                        (9) Long-term family assistance recipient
                                                                                   A qualified long-term family assistance recipient is an individual
                                                                                certified by the designated local agency as being: (1) a member of
                                                                                a family that has received family assistance for at least 18 consecu-
                                                                                tive months ending on the hiring date; (2) a member of a family
                                                                                that has received such family assistance for a total of at least 18
                                                                                months (whether or not consecutive) after August 5, 1997 (the date
                                                                                of enactment of the welfare-to-work tax credit) if the individual is
                                                                                hired within two years after the date that the 18-month total is
                                                                                reached; or (3) a member of a family who is no longer eligible for
                                                                                family assistance because of either Federal or State time limits, if
                                                                                the individual is hired within two years after the Federal or State
                                                                                time limits made the family ineligible for family assistance.
                                                                                        (10) Long-term unemployment recipient
                                                                                  A qualified long-term unemployment recipient is an individual
                                                                                certified by the designated local agency as being in a period of un-
                                                                                employment which: (1) is 27 consecutive weeks or more; and (2) in-
                                                                                cludes a period in which the individual was receiving unemploy-
                                                                                ment compensation under State or Federal law.
                                                                                Qualified wages
                                                                                   Generally, qualified wages are defined as cash wages paid by the
                                                                                employer to a member of a targeted group. The employer’s deduc-




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                                                                                tion for wages is reduced by the amount of the credit.202
                                                                                     202   Sec. 280C(a).




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                                                                                                                                    71

                                                                                  For purposes of the credit, generally, wages are defined by ref-
                                                                                erence to the Federal Unemployment Tax Act (FUTA) definition of
                                                                                wages as contained in section 3306(b) of the Code (without regard
                                                                                to the dollar limitation therein contained). Special rules apply in
                                                                                the case of certain agricultural labor and certain railroad labor.
                                                                                Calculation of the credit
                                                                                   The credit available to an employer for qualified wages paid to
                                                                                members of all targeted groups except for long-term family assist-
                                                                                ance recipients equals 40 percent (25 percent for employment of
                                                                                400 hours or less) of qualified first-year wages. Generally, qualified
                                                                                first-year wages are qualified wages (not in excess of $6,000) attrib-
                                                                                utable to service rendered by a member of a targeted group during
                                                                                the one-year period beginning with the day the individual began
                                                                                work for the employer. Therefore, the maximum credit per em-
                                                                                ployee is $2,400 (40 percent of the first $6,000 of qualified first-
                                                                                year wages).
                                                                                   The general $6,000 limitation on qualified first-year wages is dif-
                                                                                ferent for certain targeted groups: (1) qualified summer youth em-
                                                                                ployees; (2) qualified veterans who are entitled to compensation for
                                                                                a service connected disability, and who are hired within one year
                                                                                of discharge; (3) qualified veterans who are entitled to compensa-
                                                                                tion for a service connected disability, and who have been unem-
                                                                                ployed for an aggregate of at least six months during the one year
                                                                                period ending on the hiring date; (4) qualified veterans unemployed
                                                                                for at least six months (whether or not consecutive) during the one-
                                                                                year period ending on the date of hiring; and (5) long-term family
                                                                                assistance recipients. The maximum credit (and limitation on
                                                                                qualified wages) per employee for members of these the first four
                                                                                of these groups are, respectively: (1) $1,200 (40 percent of the first
                                                                                $3,000 of qualified first-year wages); (2) $4,800 (40 percent of the
                                                                                first $12,000 of qualified first-year wages); (3) $9,600 (40 percent
                                                                                of the first $24,000 of qualified first-year wages); and (4) $5,600 (40
                                                                                percent of the first $14,000 of qualified first-year wages);
                                                                                   In the case of long-term family assistance recipients, the credit
                                                                                equals 40 percent (25 percent for employment of 400 hours or less)
                                                                                of $10,000 for qualified first-year wages and 50 percent of the first
                                                                                $10,000 of qualified second-year wages. Generally, qualified second-
                                                                                year wages are qualified wages (not in excess of $10,000) attrib-
                                                                                utable to service rendered by a member of the long-term family as-
                                                                                sistance category during the one-year period beginning on the day
                                                                                after the one-year period beginning with the day the individual
                                                                                began work for the employer. Therefore, the maximum credit per
                                                                                employee is $9,000 (40 percent of the first $10,000 of qualified first-
                                                                                year wages plus 50 percent of the first $10,000 of qualified second-
                                                                                year wages). Except for long-term family assistance recipients, no
                                                                                credit is allowed for second-year wages.
                                                                                Certification rules
                                                                                  Generally, an individual is not treated as a member of a targeted
                                                                                group unless: (1) on or before the day on which an individual be-
                                                                                gins work for an employer, the employer has received a certifi-




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                                                                                cation from a designated local agency that such individual is a
                                                                                member of a targeted group; or (2) on or before the day an indi-
                                                                                vidual is offered employment with the employer, a pre-screening




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                                                                                                                                      72

                                                                                notice is completed by the employer with respect to such individual,
                                                                                and not later than the 28th day after the individual begins work
                                                                                for the employer, the employer submits such notice, signed by the
                                                                                employer and the individual under penalties of perjury, to the des-
                                                                                ignated local agency as part of a written request for certification.
                                                                                For these purposes, a pre-screening notice is a document (in such
                                                                                form as the Secretary may prescribe) which contains information
                                                                                provided by the individual on the basis of which the employer be-
                                                                                lieves that the individual is a member of a targeted group.
                                                                                   An otherwise qualified unemployed veteran is treated as certified
                                                                                by the designated local agency as having aggregate periods of un-
                                                                                employment (whichever is applicable under the qualified veterans
                                                                                rules described above) if such veteran is certified by such agency
                                                                                as being in receipt of unemployment compensation under a State
                                                                                or Federal law for such applicable periods. The Secretary of the
                                                                                Treasury is authorized to provide alternative methods of certifi-
                                                                                cation for unemployed veterans.
                                                                                Minimum employment period
                                                                                 No credit is allowed for qualified wages paid to employees who
                                                                                work less than 120 hours in the first year of employment.
                                                                                Qualified tax-exempt organizations employing qualified veterans
                                                                                  The credit is not available to qualified tax-exempt organizations
                                                                                other than those employing qualified veterans. If a qualified tax-
                                                                                exempt organization employs a qualified veteran (as described
                                                                                above) a tax credit against the FICA taxes of the organization is
                                                                                allowed on the wages of the qualified veteran which are paid for
                                                                                the veteran’s services in furtherance of the activities related to the
                                                                                function or purpose constituting the basis of the organization’s ex-
                                                                                emption under section 501.203
                                                                                  The credit available to such tax-exempt employer for qualified
                                                                                wages paid to a qualified veteran equals 26 percent (16.25 percent
                                                                                for employment of 400 hours or less) of qualified first-year wages.
                                                                                The amount of qualified first-year wages eligible for the credit is
                                                                                the same as those for non-tax-exempt employers (i.e., $6,000,
                                                                                $12,000, $14,000 or $24,000, depending on the category of qualified
                                                                                veteran).
                                                                                  A qualified tax-exempt organization means an employer that is
                                                                                described in section 501(c) and exempt from tax under section
                                                                                501(a).
                                                                                  The Social Security Trust Funds are held harmless from the ef-
                                                                                fects of this provision by a transfer from the Treasury General
                                                                                Fund.
                                                                                Treatment of possessions
                                                                                  The VOW to Hire Heroes Act of 2011 (the ‘‘VOW Act’’) 204 pro-
                                                                                vided a reimbursement mechanism for the U.S. possessions (Amer-
                                                                                ican Samoa, Guam, the Commonwealth of the Northern Mariana
                                                                                Islands, the Commonwealth of Puerto Rico, and the United States
                                                                                Virgin Islands). The Secretary of the Treasury is to pay to each
                                                                                mirror code possession (Guam, the Commonwealth of the Northern




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                                                                                     203 Sec. 3111(e).
                                                                                     204 Pub. L. No. 112–56.




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                                                                                                                                    73

                                                                                Mariana Islands, and the United States Virgin Islands) an amount
                                                                                equal to the loss to that possession as a result of the VOW Act
                                                                                changes to the qualified veterans rules.205 Similarly, the Secretary
                                                                                of the Treasury is to pay to each non-mirror Code possession
                                                                                (American Samoa and the Commonwealth of Puerto Rico) the
                                                                                amount that the Secretary estimates as being equal to the loss to
                                                                                that possession that would have occurred as a result of the VOW
                                                                                Act changes if a mirror code tax system had been in effect in that
                                                                                possession. The Secretary will make this payment to a non-mirror
                                                                                Code possession only if that possession establishes to the satisfac-
                                                                                tion of the Secretary that the possession has implemented (or, at
                                                                                the discretion of the Secretary, will implement) an income tax ben-
                                                                                efit that is substantially equivalent to the qualified veterans credit
                                                                                allowed under the VOW Act modifications.
                                                                                   An employer that is allowed a credit against U.S. tax under the
                                                                                VOW Act with respect to a qualified veteran must reduce the
                                                                                amount of the credit claimed by the amount of any credit (or, in
                                                                                the case of a non-mirror Code possession, another tax benefit) that
                                                                                the employer claims against its possession income tax.
                                                                                Other rules
                                                                                  The work opportunity tax credit is not allowed for wages paid to
                                                                                a relative or dependent of the taxpayer. No credit is allowed for
                                                                                wages paid to an individual who is a more than 50-percent owner
                                                                                of the entity. Similarly, wages paid to replacement workers during
                                                                                a strike or lockout are not eligible for the work opportunity tax
                                                                                credit. Wages paid to any employee during any period for which the
                                                                                employer received on-the-job training program payments with re-
                                                                                spect to that employee are not eligible for the work opportunity tax
                                                                                credit. The work opportunity tax credit generally is not allowed for
                                                                                wages paid to individuals who had previously been employed by the
                                                                                employer. In addition, many other technical rules apply.
                                                                                  The work opportunity tax credit is not available for individuals
                                                                                who begin work for an employer after December 31, 2019.
                                                                                                                   REASONS FOR CHANGE

                                                                                  To further encourage employment of individuals in certain tar-
                                                                                geted groups, the Committee believes that the work opportunity
                                                                                tax credit should be extended.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends for one year the work opportunity tax
                                                                                credit making it available with respect to individuals who begin
                                                                                work for an employer on or before December 31, 2020.

                                                                                   205 Prior to enactment of the VOW Act there were two categories of qualified veterans to

                                                                                whom wages paid by an employer were eligible for the credit. Employers who hired veterans
                                                                                who were eligible to receive assistance under a supplemental nutritional assistance program
                                                                                were entitled to a maximum credit of 40 percent of $6,000 of qualified first-year wages paid to
                                                                                such individual. Employers who hired veterans who were entitled to compensation for a service-




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                connected disability were entitled to a maximum wage credit of 40 percent of $12,000 of quali-
                                                                                fied first-year wages paid to such individual. The VOW Act expanded the work opportunity cred-
                                                                                it with respect to qualified veterans resulting in the present-law treatment of qualified veterans
                                                                                described above.




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                                                                                                                                      74

                                                                                                                           EFFECTIVE DATE

                                                                                  The provision generally applies to individuals who begin work for
                                                                                the employer after December 31, 2019.
                                                                                4. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
                                                                                  SPIRITS (SEC. 144 OF THE BILL AND SECS. 263A, 5001, 5041, 5051, 5212,
                                                                                  5415, AND 5555 OF THE CODE)

                                                                                Exemption for aging process of beer, wine, and distilled spirits
                                                                                                                            PRESENT LAW

                                                                                  The uniform capitalization (‘‘UNICAP’’) rules require certain di-
                                                                                rect and indirect costs allocable to real property or tangible per-
                                                                                sonal property produced by the taxpayer to be included in either
                                                                                inventory or capitalized into the basis of such property, as applica-
                                                                                ble.206 For real or personal property acquired by the taxpayer for
                                                                                resale, section 263A generally requires certain direct and indirect
                                                                                costs allocable to such property to be included in inventory.
                                                                                  In the case of interest expense, the uniform capitalization rules
                                                                                apply only to interest paid or incurred during the property’s pro-
                                                                                duction period 207 and that is allocable to property produced by the
                                                                                taxpayer or acquired for resale which (1) is either real property or
                                                                                property with a class life of at least 20 years, (2) has an estimated
                                                                                production period exceeding two years, or (3) has an estimated pro-
                                                                                duction period exceeding one year and a cost exceeding
                                                                                $1,000,000.208 The production period with respect to any property
                                                                                is the period beginning on the date on which production of the
                                                                                property begins,209 and, except as described below, ending on the
                                                                                date on which the property is ready to be placed in service or held
                                                                                for sale.210
                                                                                  For interest costs paid or accrued after December 31, 2017, and
                                                                                before January 1, 2020, the aging period for beer,211 wine,212 or
                                                                                distilled spirits 213 is excluded from the production period as deter-
                                                                                mined for purposes of the UNICAP interest capitalization rules.
                                                                                Thus, producers of beer, wine, or distilled spirits (other than spirits
                                                                                unfit for beverage purposes) are able to deduct interest expenses
                                                                                (subject to any other applicable limitation) attributable to a shorter
                                                                                production period that does not include the aging period of the
                                                                                beer, wine, or distilled spirits. In the case of interest costs paid or
                                                                                accrued after December 31, 2019, the production period as deter-
                                                                                     206 Sec. 263A.
                                                                                     207 See Treas. Reg. sec. 1.263A–12.
                                                                                     208 Sec. 263A(f).
                                                                                  209 In the case of tangible personal property, the production period begins on the first date
                                                                                the taxpayer’s accumulated production expenditures, including planning and design expendi-
                                                                                tures, are at least five percent of the taxpayer’s total estimated accumulated production expendi-
                                                                                tures for the property unit. Treas. Reg. sec. 1.263A–12(c)(3). Thus, the production period may
                                                                                begin before physical production activity has commenced. See Treas. Reg. sec. 1.263A–12(c)(3).
                                                                                For example, in the case of the beer, wine, and distilled spirits industry, the production period
                                                                                may include time spent planning and designing ingredients, production space, or production per-
                                                                                sonnel.
                                                                                  210 Sec. 263A(f)(5)(B). The production period for a unit of property produced for sale ends on
                                                                                the date that the unit is ready to be held for sale and all production activities reasonably ex-
                                                                                pected to be undertaken by, or for, the taxpayer or a related person are complete. Treas. Reg.
                                                                                sec. 1.263A–12(d)(1).




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                  211 As defined in section 5052(a).
                                                                                  212 As defined in section 5041(a).
                                                                                  213 As defined in section 5002(a)(8), except such spirits that are unfit for use for beverage pur-
                                                                                poses.




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                                                                                                                                    75

                                                                                mined for purposes of the UNICAP interest capitalization rules will
                                                                                include the aging period for beer, wine, or distilled spirits.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that extending the exception to the in-
                                                                                terest capitalization rules for the alcoholic beverage industry will
                                                                                continue to simplify tax administration and taxpayer compli-
                                                                                ance.214
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends for one year, through December 31, 2020,
                                                                                the exclusion of the aging period for beer, wine, or distilled spirits
                                                                                from the production period as determined for purposes of the
                                                                                UNICAP interest capitalization rules.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to interest costs paid or accrued after De-
                                                                                cember 31, 2019.
                                                                                     REDUCED RATE OF EXCISE TAX ON BEER AND TRANSFER OF BEER
                                                                                                   BETWEEN BONDED FACILITIES

                                                                                                                          PRESENT LAW

                                                                                In general
                                                                                   Federal excise taxes are imposed at different rates on distilled
                                                                                spirits, wine, and beer and are imposed on these products when
                                                                                produced or imported. Generally, these excise taxes are adminis-
                                                                                tered and enforced by the Alcohol and Tobacco Tax and Trade Bu-
                                                                                reau (‘‘TTB’’), except the taxes on imported bottled distilled spirits,
                                                                                wine, and beer are collected by the Customs and Border Protection
                                                                                Bureau (the ‘‘CBP’’) of the Department of Homeland Security
                                                                                (under delegation by the Secretary of the Treasury).
                                                                                   Liability for the excise tax on beer arises when the alcohol is pro-
                                                                                duced or imported but is not payable until the beer is removed
                                                                                from the brewery or customs custody for consumption or sale. Gen-
                                                                                erally, beer may be transferred between commonly owned brew-
                                                                                eries without payment of tax; however, tax liability follows these
                                                                                products. Imported bulk beer may be released from customs cus-
                                                                                tody without payment of tax and transferred in bond to a brewery,
                                                                                which becomes liable for the tax on such beer. Beer may be ex-
                                                                                ported without payment of tax and may be withdrawn from a brew-
                                                                                ery without payment of tax or free of tax for certain authorized
                                                                                uses, including industrial uses and non-beverage uses.215
                                                                                   Notwithstanding the current, temporary rates described below,
                                                                                the rate of tax on beer is $18 per barrel (31 gallons).216 Small
                                                                                brewers are eligible for a reduced tax rate of $7 per barrel on the
                                                                                first 60,000 barrels of beer domestically produced and removed
                                                                                each year.217 Small brewers are defined as brewers producing
                                                                                  214 Note that taxpayers in the alcoholic beverage industry that meet the $25 million gross re-
                                                                                ceipts test of section 448(c) are exempt from all uniform capitalization rules under section 263A,




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                                                                                including the interest capitalization rules. See sec. 263A(i).
                                                                                  215 Sec. 5053.
                                                                                  216 Sec. 5051.
                                                                                  217 Sec. 5051(a)(2).




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                                                                                                                                        76

                                                                                fewer than two million barrels of beer during a calendar year. The
                                                                                lower rates for small producers reduce the effective per-gallon tax
                                                                                rate from approximately 58 cents per gallon to approximately 22.6
                                                                                cents per gallon for this beer.
                                                                                   In the case of a controlled group, the two million barrel limita-
                                                                                tion for small brewers is applied to the controlled group, and the
                                                                                60,000 barrels eligible for the reduced rate of tax, are apportioned
                                                                                among the brewers who are component members of such group.
                                                                                The term ‘‘controlled group’’ has the meaning assigned to it by sec-
                                                                                tion 1563(a), except that the phrase ‘‘more than 50 percent’’ is sub-
                                                                                stituted for the phrase ‘‘at least 80 percent’’ in each place it ap-
                                                                                pears in section 1563(a).
                                                                                   Individuals may produce limited quantities of beer for personal
                                                                                or family use without payment of tax during each calendar year.
                                                                                The limit is 200 gallons per calendar year for households of two or
                                                                                more adults and 100 gallons per calendar year for single-adult
                                                                                households.
                                                                                   For calendar years 2018 and 2019, the rate of tax on beer is tem-
                                                                                porarily lowered to $16 per barrel on the first six million barrels
                                                                                brewed by the brewer or imported by the importer. In general, in
                                                                                the case of a controlled group of brewers, the six million barrel lim-
                                                                                itation is applied and apportioned at the level of the controlled
                                                                                group. Beer brewed or imported in excess of the six million barrel
                                                                                limit continues to be taxed at $18 per barrel. In the case of small
                                                                                brewers, such brewers are taxed at a rate of $3.50 per barrel on
                                                                                the first 60,000 barrels domestically produced, and $16 per barrel
                                                                                on any further barrels produced.
                                                                                Transfer rules and removals without tax
                                                                                  Certain removals or transfers of beer are exempt from tax. Beer
                                                                                may be transferred without payment of the tax between bonded
                                                                                premises under certain conditions specified in the regulations.218
                                                                                The tax liability accompanies the beer that is transferred in bond.
                                                                                However, beer may only be transferred without payment of tax be-
                                                                                tween breweries if both breweries are owned by the same brewer.
                                                                                  The shared ownership requirement of section 5414 is temporarily
                                                                                relaxed for calendar years 2018 and 2019. Thus, a brewer may
                                                                                transfer beer from one brewery to another without payment of tax,
                                                                                provided that: (1) the breweries are owned by the same person; (2)
                                                                                one brewery owns a controlling interest in the other; (3) the same
                                                                                person or persons have a controlling interest in both breweries; or
                                                                                (4) the proprietors of the transferring and receiving premises are
                                                                                independent of each other, and the transferor has divested itself of
                                                                                all interest in the beer so transferred, and the transferee has ac-
                                                                                cepted responsibility for payment of the tax.
                                                                                  For purposes of transferring the tax liability pursuant to (4)
                                                                                above, such relief from liability is effective from the time of re-
                                                                                moval from the transferor’s bonded premises, or from the time of
                                                                                divestment, whichever is later.




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                                                                                     218 Sec. 5414.




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                                                                                                                                                                 77

                                                                                                                                        REASONS FOR CHANGE

                                                                                  The Committee believes that extending these provisions will con-
                                                                                tinue to encourage growth and increased employment in the beer
                                                                                industry.
                                                                                                                                 EXPLANATION OF PROVISION

                                                                                  The provision extends for one year the temporary rate schedule
                                                                                on beer.
                                                                                  The provision extends for one year the temporary rules regarding
                                                                                shared ownership.
                                                                                                                                               EFFECTIVE DATE

                                                                                  The provision to extend the temporary rate schedule applies to
                                                                                beer removed after December 31, 2019.
                                                                                  The provision to extend the temporary rules regarding shared
                                                                                ownership applies to calendar quarters beginning after December
                                                                                31, 2019.
                                                                                REDUCED RATE OF EXCISE TAX ON CERTAIN WINE, ADJUSTMENT OF
                                                                                  ALCOHOL CONTENT LEVEL FOR APPLICATION OF EXCISE TAXES, AND
                                                                                  DEFINITION OF MEAD AND LOW ALCOHOL BY VOLUME WINE

                                                                                                                                                   PRESENT LAW

                                                                                In general
                                                                                  Excise taxes are imposed on wine according to the wine’s alcohol
                                                                                content and carbonation levels. Notwithstanding temporary
                                                                                changes to alcohol content allowances described below, the fol-
                                                                                lowing table outlines the rates of tax on wine.
                                                                                                                   Tax (and Code Section)                                                                 Tax Rates

                                                                                Wines (sec. 5041)
                                                                                     ‘‘Still wines’’ 219 not more than 14 percent alcohol ..........................                  $1.07 per wine gallon 220
                                                                                     ‘‘Still wines’’ more than 14 percent, but not more than 21 percent,                              $1.57 per wine gallon
                                                                                        alcohol.
                                                                                     ‘‘Still wines’’ more than 21 percent, but not more than 24 percent,                              $3.15 per wine gallon
                                                                                        alcohol.
                                                                                     ‘‘Still wines’’ more than 24 percent alcohol ......................................              $13.50 per proof gallon (taxed as distilled spir-
                                                                                                                                                                                         its)
                                                                                      Champagne and other sparkling wines ..............................................              $3.40 per wine gallon
                                                                                      Artificially carbonated wines ...............................................................   $3.30 per wine gallon

                                                                                  Liability for the excise taxes on wine arises when the wine is pro-
                                                                                duced or imported, but is not payable until the wine is removed
                                                                                from the bonded wine cellar or winery, or from customs control, for
                                                                                consumption or sale. Generally, bulk and bottled wine may be
                                                                                transferred between bonded premises; however, the tax liability on
                                                                                such wine becomes the responsibility of the transferee. Bulk nat-
                                                                                ural wine may be released from customs custody without payment
                                                                                of tax and transferred in bond to a winery. Wine may be exported
                                                                                without payment of tax and may be withdrawn from a wine cellar




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                                                                                  219A ‘‘still wine’’ is a non-effervescent or minimally effervescent wine containing no more than
                                                                                0.392 grams of carbon dioxide per hundred milliliters of wine. Champagne wine typically con-
                                                                                tains more than twice that amount.
                                                                                  220A wine gallon is a U.S. liquid gallon.




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                                                                                                                                        78

                                                                                or winery without payment of tax or free of tax for certain author-
                                                                                ized uses, including industrial uses and non-beverage uses.221
                                                                                Credits and exemptions for certain wine producers
                                                                                   Notwithstanding the current temporary credits described below,
                                                                                domestic wine producers having aggregate annual production not
                                                                                exceeding 250,000 gallons (‘‘small domestic producers’’) receive a
                                                                                credit against the wine excise tax equal to 90 cents per gallon (the
                                                                                amount of a wine tax increase enacted in 1990) on the first 100,000
                                                                                gallons of wine domestically produced and removed during a cal-
                                                                                endar year.222 The credit is reduced (but not below zero) by one
                                                                                percent for each 1,000 gallons produced in excess of 150,000 gal-
                                                                                lons; the credit may not be applied to the tax liability on sparkling
                                                                                wines. In the case of a controlled group, the 250,000 gallon limita-
                                                                                tion for wineries is applied to the controlled group, and the 100,000
                                                                                gallons eligible for the credit, are apportioned among the wineries
                                                                                who are component members of such group. The term ‘‘controlled
                                                                                group’’ has the meaning assigned to it by sec. 1563(a), except that
                                                                                the phrase ‘‘more than 50 percent’’ is substituted for the phrase ‘‘at
                                                                                least 80 percent’’ in each place it appears in sec 1563(a).
                                                                                   The credit against the wine excise tax for small domestic pro-
                                                                                ducers is temporarily modified for calendar year 2018 and 2019 in
                                                                                several ways. First, the 250,000 wine gallon domestic production
                                                                                limitation is removed (thus making the credit available for all wine
                                                                                producers and importers). Second, under the modifications, the
                                                                                credit may be applied to the tax liability on sparkling wine. Third,
                                                                                with respect to wine produced in, or imported into, the United
                                                                                States during a calendar year, the credit amount is modified to (1)
                                                                                $1.00 per wine gallon for the first 30,000 wine gallons of wine,
                                                                                plus, (2) 90 cents per wine gallon on the next 100,000 wine gallons
                                                                                of wine, plus (3) 53.5 cents per wine gallon on the next 620,000
                                                                                wine gallons of wine.223 Finally, there is no phase-out of the credit
                                                                                with additional production.
                                                                                Other temporary changes
                                                                                   Alcohol-by-volume levels of the first two tiers of the excise tax on
                                                                                wine are temporarily modified for calendar years 2018 and 2019,
                                                                                by changing 14 percent to 16 percent. Thus, a wine producer or im-
                                                                                porter may temporarily produce or import ‘‘still wine’’ that has an
                                                                                alcohol-by-volume level of up to 16 percent and remain subject to
                                                                                the lowest rate of $1.07 per wine gallon.
                                                                                   Mead and certain sparkling, low alcohol-by-volume wines are
                                                                                temporarily designated to be taxed at the lowest rate applicable to
                                                                                ‘‘still wine,’’ $1.07 per wine gallon of wine for calendar years 2018
                                                                                and 2019. Mead is defined as a wine that contains not more than
                                                                                0.64 grams of carbon dioxide per hundred milliliters of wine,224
                                                                                which is derived solely from honey and water, contains no fruit
                                                                                product or fruit flavoring, and contains less than 8.5 percent alco-
                                                                                hol-by-volume. The sparkling wines eligible to be taxed at the low-
                                                                                est rate are those wines that contain more than 0.64 grams of car-
                                                                                     221 Sec. 5042.
                                                                                     222 Sec. 5041(c).




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                                                                                   223 The credit rate for hard cider is tiered at the same level of production or importation, but
                                                                                is equal to 6.2 cents, 5.6 cents, and 3.3 cents, respectively.
                                                                                   224 The Secretary is authorized to prescribe tolerances to this limitation as may be reasonably
                                                                                necessary in good commercial practice.




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                                                                                                                                    79

                                                                                bon dioxide per hundred milliliters of wine,225 which are derived
                                                                                primarily from grapes or grape juice concentrate and water, which
                                                                                contain no fruit flavoring other than grape, and which contain less
                                                                                than 8.5 percent alcohol by volume.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that extending these provisions will con-
                                                                                tinue to encourage growth and increased employment in the wine
                                                                                industry.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision extends for one year the temporary modifications
                                                                                to the credit against the wine excise tax.
                                                                                  The provision extends for one year the temporary modification to
                                                                                the alcohol-by-volume levels for purposes of the excise tax.
                                                                                  The provision extends for one year the temporary rates on mead
                                                                                and certain sparkling, low alcohol-by-volume wines.
                                                                                                                         EFFECTIVE DATE

                                                                                     The provisions apply to wine removed after December 31, 2019.
                                                                                     REDUCED RATE OF EXCISE TAX ON CERTAIN DISTILLED SPIRITS AND
                                                                                                       BULK DISTILLED SPIRITS

                                                                                                                          PRESENT LAW

                                                                                   Notwithstanding the current, temporary rates described below,
                                                                                distilled spirits are taxed at a rate of $13.50 per proof gallon.226 Li-
                                                                                ability for the excise tax on distilled spirits arises when the alcohol
                                                                                is produced or imported but is not determined and payable until
                                                                                bottled distilled spirits are removed from the bonded premises of
                                                                                the distilled spirits plant where they are produced, or customs cus-
                                                                                tody. Generally, bulk distilled spirits may be transferred in bond
                                                                                between bonded premises; however, tax liability follows these prod-
                                                                                ucts. Imported bulk distilled spirits may be released from customs
                                                                                custody without payment of tax and transferred in bond to a dis-
                                                                                tillery. Distilled spirits be exported without payment of tax and
                                                                                may be withdrawn from a distillery without payment of tax or free
                                                                                of tax for certain authorized uses, including industrial uses and
                                                                                non-beverage uses.
                                                                                   For calendar years 2018 and 2019, there is a temporary tax rate
                                                                                schedule for distilled spirits based on annual quantity produced or
                                                                                imported. The rate of tax is lowered to $2.70 per proof gallon on
                                                                                the first 100,000 proof gallons of distilled spirits produced, $13.34
                                                                                for all proof gallons in excess of that amount but below 22,130,000
                                                                                proof gallons, and $13.50 for amounts thereafter. Rules prevent
                                                                                members of the same controlled group from receiving the lower
                                                                                rate on more than 100,000 proof gallons of distilled spirits. Addi-
                                                                                tionally, importers of distilled spirits are eligible for the temporary
                                                                                lower rates subject to documentation of the annual total production
                                                                                of the producer.




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                                                                                  225 The Secretary is authorized to prescribe tolerances to this limitation as may be reasonably
                                                                                necessary in good commercial practice.
                                                                                  226 Secs. 5001, 5006, 5043, and 5054.




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                                                                                                                                     80

                                                                                  Additionally, for calendar years 2018 and 2019, distillers may
                                                                                transfer spirits in bond in containers other than bulk containers
                                                                                without payment of tax.
                                                                                                                    REASONS FOR CHANGE

                                                                                   The Committee believes that extending these provisions will con-
                                                                                tinue to encourage growth and increased employment in the dis-
                                                                                tilled spirits industry.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision extends for one year the temporary rate schedule
                                                                                on distilled spirits and the eligibility of that rate schedule for im-
                                                                                porters.
                                                                                  The provision extends for one year the allowance for distillers to
                                                                                transfer spirits in bond in containers other than bulk containers
                                                                                without payment of tax.
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision to extend the temporary rate schedule applies to
                                                                                distilled spirits removed after December 31, 2019.
                                                                                  The provision to extend the allowance for distillers to transfer
                                                                                spirits in bond in containers other than bulk containers without
                                                                                payment of tax applies to distilled spirits transferred in bond after
                                                                                December 31, 2019.
                                                                                     SIMPLIFICATION OF RULES REGARDING RECORDS, STATEMENTS, AND
                                                                                     RETURNS FOR CRAFT BEVERAGE MODERNIZATION AND TAX REFORM

                                                                                                                           PRESENT LAW

                                                                                   The Code requires those liable for taxation on alcoholic beverages
                                                                                to keep such records, render such statements, make such returns,
                                                                                and comply with such rules and regulations as prescribed by the
                                                                                Secretary.227 For calendar quarters beginning after February 9,
                                                                                2018, and before January 1, 2020, the Secretary shall permit a uni-
                                                                                fied system for any records, statements, and returns required to be
                                                                                kept, rendered, or made for any beer produced in a brewery for
                                                                                which tax is imposed, including any beer which has been removed
                                                                                for consumption on the premises of the brewery.
                                                                                                                    REASONS FOR CHANGE

                                                                                  The Committee believes that extending this provision will con-
                                                                                tinue to simplify recordkeeping for brewers.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision extends for one year the Secretary’s permission of
                                                                                a unified system for any records, statements, and returns required
                                                                                to be kept, rendered, or made for any beer produced in a brewery
                                                                                for which tax is imposed, including any beer which has been re-
                                                                                moved for consumption on the premises of the brewery.




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                                                                                     227 Sec. 5555(a).




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                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to calendar quarters beginning December
                                                                                31, 2019.
                                                                                   5. LOOK-THROUGH RULE FOR RELATED CONTROLLED FOREIGN
                                                                                CORPORATIONS (SEC. 145 OF THE BILL AND SEC. 954(c)(6) OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                In general
                                                                                   The rules of subpart F 228 require U.S. shareholders with a 10-
                                                                                percent or greater interest in a controlled foreign corporation
                                                                                (‘‘CFC’’) to include certain income of the CFC (referred to as ‘‘sub-
                                                                                part F income’’) on a current basis for U.S. tax purposes.229
                                                                                   Subpart F income includes foreign base company income.230 One
                                                                                category of foreign base company income is foreign personal hold-
                                                                                ing company income, which includes passive income such as divi-
                                                                                dends, interest, rents, and royalties, among other types of in-
                                                                                come.231 There are several exceptions to these rules. For example,
                                                                                foreign personal holding company income does not include divi-
                                                                                dends and interest received by a CFC from a related corporation
                                                                                organized and operating in the same foreign country in which the
                                                                                CFC is organized, or rents and royalties received by a CFC from
                                                                                a related corporation for the use of property within the country in
                                                                                which the CFC is organized.232 Interest, rent, and royalty pay-
                                                                                ments do not qualify for this exclusion to the extent that such pay-
                                                                                ments reduce the subpart F income of the payor.
                                                                                   In addition, subpart F income of a CFC does not include any
                                                                                item of income from sources within the United States that is effec-
                                                                                tively connected with the conduct by such CFC of a trade or busi-
                                                                                ness within the United States (‘‘ECI’’) unless such item is exempt
                                                                                from taxation (or is subject to a reduced rate of tax) pursuant to
                                                                                a tax treaty.233
                                                                                The ‘‘CFC look-through’’ rule
                                                                                   Section 954(c)(6), colloquially referred to as the ‘‘CFC look-
                                                                                through’’ rule, provides that dividends, interest (including factoring
                                                                                income that is treated as equivalent to interest under section
                                                                                954(c)(1)(E)), rents, and royalties received or accrued by one CFC
                                                                                from a related CFC are not treated as foreign personal holding
                                                                                company income to the extent attributable or properly allocable to
                                                                                income of the payor that is neither subpart F income nor treated
                                                                                as ECI. For this purpose, a related CFC is a CFC that controls or
                                                                                is controlled by the other CFC, or a CFC that is controlled by the
                                                                                same person or persons that control the other CFC. Ownership of
                                                                                more than 50 percent of the CFC’s stock (by vote or value) con-
                                                                                stitutes control for these purposes.
                                                                                   The Secretary is authorized to prescribe regulations that are nec-
                                                                                essary or appropriate to carry out the look-through rule, including
                                                                                     228 Secs. 951–964.
                                                                                     229 Sec. 951(a).




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                                                                                     230 Secs. 952(a)(2) and 954.
                                                                                     231 Sec. 954(c)(1).
                                                                                     232 Sec. 954(c)(3).
                                                                                     233 Sec. 952(b).




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                                                                                such regulations as may be necessary or appropriate to prevent the
                                                                                abuse of the purposes of such rule.
                                                                                   The look-through rule applies to taxable years of foreign corpora-
                                                                                tions beginning after December 31, 2005, and before January 1,
                                                                                2020, and to taxable years of U.S. shareholders with or within
                                                                                which such taxable years of foreign corporations end.234
                                                                                                                    REASONS FOR CHANGE

                                                                                   The Committee believes that the CFC look-through rule stream-
                                                                                lines the financing of the overseas operations of U.S. multinational
                                                                                companies by allowing the redeployment of active foreign earnings
                                                                                of one CFC in a related CFC without the imposition of an income
                                                                                inclusion under subpart F. Furthermore, the Committee believes
                                                                                that not extending the CFC look-through rule would be a policy
                                                                                change that would cause U.S. multinational companies to incur cer-
                                                                                tain administrative and transaction costs in restructuring existing
                                                                                and future financings of their overseas operations conducted
                                                                                through CFCs. Finally, the CFC look-through rule prevents the af-
                                                                                firmative use of related party transactions among related CFCs to
                                                                                convert income that is not subpart F income of one CFC into sub-
                                                                                part F income of a related CFC. Absent the CFC look-through rule,
                                                                                such transactions in some cases may have the effect of reducing the
                                                                                total U.S. tax payable on foreign earnings. Accordingly, the Com-
                                                                                mittee believes that the CFC look-through rule should be extended.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision extends for one year the application of the look-
                                                                                through rule, to taxable years of foreign corporations beginning be-
                                                                                fore January 1, 2021, and to taxable years of U.S. shareholders
                                                                                with or within which such taxable years of foreign corporations
                                                                                end.
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision applies to taxable years of foreign corporations be-
                                                                                ginning after December 31, 2019, and to taxable years of U.S.
                                                                                shareholders with or within which such taxable years of foreign
                                                                                corporations end.
                                                                                     6. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS
                                                                                              (SEC. 146 OF THE BILL AND SEC. 35 OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                Eligible coverage months
                                                                                   For months beginning before January 1, 2020, in the case of an
                                                                                eligible individual, a refundable tax credit is provided for 72.5 per-
                                                                                cent of the individual’s premiums for qualified health insurance of
                                                                                the individual and qualifying family members for each eligible cov-

                                                                                   234 See section 144 of the Protecting Americans from Tax Hikes Act of 2015 (Division Q of




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                                                                                Pub. L. No. 114–113), H.R. 2029 (the ‘‘PATH Act of 2015’’), which extended section 954(c)(6) for
                                                                                five years. Congress has previously extended the application of section 954(c)(6) several times,
                                                                                most recently in the Tax Increase Prevention Act of 2014, Pub. L. No. 113–295; Pub. L. No. 107–
                                                                                147, sec. 614, 2002; Pub. L. No. 106–170, sec. 503, 1999; Pub. L. No. 105–277, 1998.




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                                                                                                                                    83

                                                                                erage month beginning in the taxable year.235 The credit is com-
                                                                                monly referred to as the health coverage tax credit. The credit is
                                                                                available only with respect to amounts paid by the individual for
                                                                                qualified health insurance. Advance monthly payments paid di-
                                                                                rectly to the health plan administrator are available.236
                                                                                   Eligibility for the credit is determined on a monthly basis. In
                                                                                general, an eligible coverage month is any month if (1) the month
                                                                                begins before January 1, 2020, and (2) as of the first day of the
                                                                                month, the individual is an eligible individual, is covered by quali-
                                                                                fied health insurance, the premium for which is paid by the indi-
                                                                                vidual, does not have other specified coverage, and is not impris-
                                                                                oned under Federal, State, or local authority. In the case of a joint
                                                                                return, the eligibility requirements are met if at least one spouse
                                                                                satisfies the requirements.
                                                                                Eligible individuals
                                                                                  An eligible individual is an individual who is (1) an eligible
                                                                                Trade Adjustment Assistance (‘‘TAA’’) recipient, (2) an eligible al-
                                                                                ternative TAA recipient, or (3) an eligible Pension Benefit Guar-
                                                                                anty Corporation (‘‘PBGC’’) pension recipient. In general, an indi-
                                                                                vidual is an eligible TAA recipient for a month if the individual (1)
                                                                                receives for any day of the month a trade readjustment allowance
                                                                                under the Trade Act of 1974 or would be eligible to receive such
                                                                                an allowance but for the requirement that the individual exhaust
                                                                                unemployment benefits before being eligible to receive an allow-
                                                                                ance and (2) with respect to such allowance, is covered under a re-
                                                                                quired certification. An individual is an eligible alternative TAA re-
                                                                                cipient for a month if the individual participates in a certain pro-
                                                                                gram under the Trade Act of 1974 and receives a related benefit
                                                                                for the month. Generally, an individual is an eligible PBGC pen-
                                                                                sion recipient for any month if the individual (1) is age 55 or over
                                                                                as of the first day of the month and (2) receives a benefit for the
                                                                                month, any portion of which is paid by the PBGC. A person who
                                                                                may be claimed as a dependent on another person’s tax return is
                                                                                not an eligible individual. In addition, an otherwise eligible indi-
                                                                                vidual is not eligible for the credit for a month if, as of the first
                                                                                day of the month, the individual has certain specified coverage,
                                                                                such as certain employer-provided coverage or coverage under cer-
                                                                                tain governmental health programs.
                                                                                Qualified health insurance
                                                                                  Qualified health insurance eligible for the credit is: (1) coverage
                                                                                under a COBRA continuation provision; 237 (2) State-based continu-
                                                                                ation coverage provided by the State under a State law that re-
                                                                                quires such coverage; (3) coverage offered through a qualified State
                                                                                high risk pool; (4) coverage under a health insurance program of-
                                                                                fered to State employees or a comparable program; (5) coverage
                                                                                through an arrangement entered into by a State and a group
                                                                                health plan, an issuer of health insurance coverage, an adminis-
                                                                                trator, or an employer; (6) coverage offered through a State ar-
                                                                                  235 Qualifying family members are the individual’s spouse and any dependent for whom the




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                                                                                individual is entitled to claim a dependency exemption. Any individual who has certain specified
                                                                                coverage is not a qualifying family member.
                                                                                  236 Sec. 7527.
                                                                                  237 COBRA continuation provision is defined by section 9832(d)(1).




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                                                                                rangement with a private sector health care coverage purchasing
                                                                                pool; (7) coverage under a State-operated health plan that does not
                                                                                receive any Federal financial participation; (8) coverage under a
                                                                                group health plan that is available through the employment of the
                                                                                eligible individual’s spouse; (9) coverage under individual health in-
                                                                                surance 238 (other than coverage purchased through an American
                                                                                Health Benefit Exchange); 239 and (10) coverage under an employee
                                                                                benefit plan funded by a voluntary employee beneficiary association
                                                                                (‘‘VEBA’’) 240 established pursuant to an order of a bankruptcy
                                                                                court (or by agreement with an authorized representative).241
                                                                                   Qualified health insurance does not include any State-based cov-
                                                                                erage (i.e., coverage described in (2)–(7) in the preceding para-
                                                                                graph) unless the State has elected to have such coverage treated
                                                                                as qualified health insurance and such coverage meets certain con-
                                                                                sumer-protection requirements.242 Such State coverage must pro-
                                                                                vide that each qualifying individual is guaranteed enrollment if the
                                                                                individual pays the premium for enrollment or provides a qualified
                                                                                health insurance costs eligibility certificate and pays the remainder
                                                                                of the premium. In addition, the State-based coverage cannot im-
                                                                                pose any pre-existing condition limitation with respect to qualifying
                                                                                individuals. State-based coverage cannot require a qualifying indi-
                                                                                vidual to pay a premium or contribution that is greater than the
                                                                                premium or contribution for a similarly situated individual who is
                                                                                not a qualified individual. Finally, benefits under the State-based
                                                                                coverage must be the same as (or substantially similar to) benefits
                                                                                provided to similarly situated individuals who are not qualifying
                                                                                individuals.
                                                                                   A qualifying individual for this purpose is an eligible individual
                                                                                who seeks to enroll in the State-based coverage and who has aggre-
                                                                                gate periods of creditable coverage 243 of three months or longer,
                                                                                does not have other specified coverage, and is not imprisoned. How-
                                                                                ever, State-based coverage that satisfies any or all of the consumer-
                                                                                protection requirements for State-based coverage with respect to all
                                                                                eligible individuals is also qualified health insurance for purposes
                                                                                of the health coverage tax credit.244
                                                                                   Qualified health insurance does not include coverage under a
                                                                                flexible spending or similar arrangement or any insurance if sub-
                                                                                stantially all of the coverage is for excepted benefits.
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that the health coverage tax credit
                                                                                should be extended for 12 months, through 2020, so that health
                                                                                coverage continues to be affordable for eligible TAA recipients, al-
                                                                                ternative TAA recipients, and PBGC recipients.
                                                                                  238 For this purpose, ‘‘individual health insurance’’ means any insurance that constitutes med-
                                                                                ical care offered to individuals other than in connection with a group health plan. Such term
                                                                                does not include Federal- or State-based health insurance coverage.
                                                                                  239 The premium assistance credit is provided for eligible individuals and families who pur-
                                                                                chase health insurance through an American Health Benefit Exchange. See sec. 36B.
                                                                                  240 See section 501(c)(9) for the definition of a VEBA.
                                                                                  241 See 11 U.S.C. sec. 1114.




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                                                                                  242 For guidance on how a State elects a health program to be qualified health insurance for
                                                                                purposes of the credit, see Rev. Proc. 2004–12, 2004–1 C.B. 528.
                                                                                  243 Creditable coverage is determined under section 9801(c).
                                                                                  244 See Q&A–10 of Notice 2005–50, 2005–2 C.B. 14.




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                                                                                                                   EXPLANATION OF PROVISION

                                                                                   The provision extends the availability of the health coverage tax
                                                                                credit for 12 months, by amending the definition of eligible cov-
                                                                                erage month to include months beginning before January 1, 2021,
                                                                                if the requirements for an eligible coverage month are otherwise
                                                                                met.
                                                                                                                             EFFECTIVE DATE

                                                                                  The provision is effective for months beginning after December
                                                                                31, 2019.
                                                                                                           TITLE II—ESTATE AND GIFT TAX
                                                                                     1. REDUCTION OF UNIFIED CREDIT AGAINST ESTATE TAX (SEC. 201 OF
                                                                                                  THE BILL AND SEC. 2010 OF THE CODE)

                                                                                                                              PRESENT LAW

                                                                                In general
                                                                                   A gift tax is imposed on certain lifetime transfers, and an estate
                                                                                tax is imposed on certain transfers at death. A generation-skipping
                                                                                transfer tax generally is imposed on transfers, either directly or in
                                                                                trust or similar arrangement, to a ‘‘skip person’’ (i.e., a beneficiary
                                                                                in a generation more than one generation younger than that of the
                                                                                transferor). Transfers subject to the generation-skipping transfer
                                                                                tax include direct skips, taxable terminations, and taxable distribu-
                                                                                tions.
                                                                                   Income tax rules determine the recipient’s tax basis in property
                                                                                acquired from a decedent or by gift. Gifts and bequests generally
                                                                                are excluded from the recipient’s gross income.245
                                                                                Unified credit (exemption) and tax rates
                                                                                       Unified credit
                                                                                   A unified credit is available with respect to taxable transfers by
                                                                                gift and at death.246 The unified credit offsets tax, computed using
                                                                                the applicable estate and gift tax rates, on a specified amount of
                                                                                transfers, referred to as the applicable exclusion amount, or exemp-
                                                                                tion amount. Exemption used during life to offset taxable gifts re-
                                                                                duces the amount of exemption that remains at death to offset the
                                                                                value of a decedent’s estate. An election is available under which
                                                                                exemption that is not used by a decedent may be used by the dece-
                                                                                dent’s surviving spouse (exemption portability).
                                                                                   For decedents dying and gifts made before January 1, 2018, the
                                                                                basic exclusion amount that is used to determine the unified credit
                                                                                is $5 million, indexed for inflation occurring after 2011. Public Law
                                                                                115–97, however, temporarily increases the basic exclusion amount
                                                                                for estates of decedents dying and gifts made after December 31,
                                                                                2017 and before January 1, 2026. This is accomplished by doubling
                                                                                the basic exclusion amount provided in section 2010(c)(3) of the
                                                                                Code from $5 million to $10 million. The $10 million amount is in-




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                                                                                     245 Sec. 102.
                                                                                     246 Sec. 2010.




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                                                                                                                                    86

                                                                                dexed for inflation occurring after 2011. For 2019, the basic exclu-
                                                                                sion amount is $11,400,000.247
                                                                                  The temporary increase in the basic exclusion amount expires for
                                                                                decedents dying and gifts made after December 31, 2025. At that
                                                                                time, the basic exclusion amount returns to $5 million, indexed for
                                                                                inflation occurring after 2011.
                                                                                       Common tax rate table
                                                                                  A common tax-rate table with a top marginal tax rate of 40 per-
                                                                                cent is used to compute gift tax and estate tax. The 40-percent rate
                                                                                applies to transfers in excess of $1 million (to the extent not ex-
                                                                                empt). Because the 2019 exemption amount shields the first $11.4
                                                                                million in gifts and bequests from tax, transfers in excess of the ex-
                                                                                emption amount generally are subject to tax at the highest mar-
                                                                                ginal rate (40 percent).
                                                                                      Generation-skipping transfer tax exemption and rate
                                                                                  The generation-skipping transfer tax is a separate tax that can
                                                                                apply in addition to either the gift tax or the estate tax. The tax
                                                                                rate and exemption amount for generation-skipping transfer tax
                                                                                purposes, however, are set by reference to the estate tax rules.
                                                                                Generation-skipping transfer tax is imposed using a flat rate equal
                                                                                to the highest estate tax rate (40 percent). Tax is imposed on cu-
                                                                                mulative generation-skipping transfers in excess of the generation-
                                                                                skipping transfer tax exemption amount in effect for the year of the
                                                                                transfer. The generation-skipping transfer tax exemption for a
                                                                                given year is equal to the estate tax exemption amount in effect for
                                                                                that year ($11.4 million for 2019).
                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that it is appropriate to return to the
                                                                                pre-Public Law 115–97 basic exclusion amount in order to require
                                                                                the wealthiest estates to pay their fair share, without increasing
                                                                                the tax burden on lower- or middle-income Americans.
                                                                                                               EXPLANATION OF PROVISION

                                                                                  The provision accelerates by three years the expiration of the in-
                                                                                crease in the estate and gift tax exemption. As a result, the basic
                                                                                exclusion amount returns to $5 million (indexed for inflation occur-
                                                                                ring after 2011) for decedents dying and gifts made after December
                                                                                31, 2022.
                                                                                   247 Rev. Proc. 2018–57, 2018–49 I.R.B. 827, p. 835 (December 3, 2018). As a conforming
                                                                                amendment to the increase in the basic exclusion amount, Public Law 115–97 also amends sec-
                                                                                tion 2001(g) (regarding computation of estate tax). This conforming amendment, which was en-
                                                                                acted as a permanent provision, provides that the Secretary shall prescribe regulations as may
                                                                                be necessary or appropriate to carry out the purposes of section 2001 with respect to differences
                                                                                between the basic exclusion amount in effect at the time of the decedent’s death and at the time
                                                                                of any gifts made by the decedent. The purpose of the regulatory authority is to address the
                                                                                computation of the estate tax where (1) a decedent dies in a year in which the basic exclusion
                                                                                amount is lower than the basic exclusion amount that was in effect when the decedent made
                                                                                taxable gifts during his or her life, and (2) such taxable gifts exceeded the basic exclusion
                                                                                amount in effect at the time of the decedent’s death. Because the temporary increase in the
                                                                                basic exclusion amount under Public Law 115–97 does not apply for estates of decedents dying
                                                                                after December 31, 2025, it was expected that such guidance would prevent the estate tax com-
                                                                                putation under section 2001(g) from recapturing, or ‘‘clawing back,’’ all or a portion of the benefit




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                                                                                of the increased basic exclusion amount used to offset gift tax for certain decedents who make
                                                                                large taxable gifts between January 1, 2018, and December 31, 2025, and die after December
                                                                                31, 2025. In November 2018, the IRS issued proposed regulations pursuant to this regulatory
                                                                                authority. See REG–106706–18, 26 C.F.R. Part 20 (November 23, 2018).




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                                                                                                                                       87

                                                                                                                          EFFECTIVE DATE

                                                                                 The provision is effective for estates of decedents dying and gifts
                                                                                made after December 31, 2022.
                                                                                                        TITLE III—DISASTER TAX RELIEF
                                                                                                         1. DEFINITIONS (SEC. 301 OF THE BILL)

                                                                                   The provisions below provide temporary tax relief to those areas
                                                                                affected by certain major disasters declared in 2018 and some por-
                                                                                tion of 2019. The provisions use the terms ‘‘qualified disaster area,’’
                                                                                ‘‘qualified disaster zone,’’ ‘‘qualified disaster,’’ and ‘‘incident period.’’
                                                                                As used in the bill, ‘‘qualified disaster area’’ refers to an area with
                                                                                respect to which a major disaster has been declared by the Presi-
                                                                                dent during the period beginning on January 1, 2018, and ending
                                                                                on the date which is 60 days after the date of enactment of the bill,
                                                                                under section 401 of the Robert T. Stafford Disaster Relief and
                                                                                Emergency Assistance Act (the ‘‘Stafford Act’’), if the incident pe-
                                                                                riod of the disaster with respect to which such declaration is made
                                                                                begins on or before the date of the enactment of the bill. However,
                                                                                the ‘‘California wildfire disaster area,’’ as defined in the Bipartisan
                                                                                Budget Act of 2018,248 is not a qualified disaster area. A ‘‘qualified
                                                                                disaster zone’’ refers to that portion of the applicable ‘‘qualified dis-
                                                                                aster area,’’ as described above, which has been determined by the
                                                                                President to warrant individual or individual and public assistance
                                                                                from the Federal government under the Stafford Act by reason of
                                                                                the applicable qualified disaster. A ‘‘qualified disaster’’ means, with
                                                                                respect to the applicable qualified disaster area, the disaster by
                                                                                reason of which a major disaster was declared with respect to such
                                                                                area. ‘‘Incident period’’ means, with respect to the applicable quali-
                                                                                fied disaster, the period specified by the Federal Emergency Man-
                                                                                agement Agency as the period during which such disaster occurred,
                                                                                except that such period shall not be treated as beginning before
                                                                                January 1, 2018, or ending after the date which is 30 days after
                                                                                the date of enactment of this bill.
                                                                                2. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS
                                                                                          (SEC. 302 OF THE BILL AND SEC. 72 OF THE CODE)

                                                                                                                            PRESENT LAW

                                                                                Distributions from tax-favored retirement plans
                                                                                   A distribution from a qualified retirement plan, a tax-sheltered
                                                                                annuity plan (a ‘‘section 403(b) plan’’), an eligible deferred com-
                                                                                pensation plan of a State or local government employer (a ‘‘govern-
                                                                                mental section 457(b) plan’’), or an individual retirement arrange-
                                                                                ment (an ‘‘IRA’’) generally is included in income for the year dis-
                                                                                tributed.249 These plans are referred to collectively as ‘‘eligible re-
                                                                                tirement plans.’’ In addition, unless an exception applies, a dis-
                                                                                tribution from a qualified retirement plan, a section 403(b) plan, or
                                                                                an IRA received before age 591⁄2 is subject to a 10-percent addi-
                                                                                     248 Pub. L. No. 115–123, sec. 20102.
                                                                                  249 Secs. 401(a), 403(a), 403(b), 457(b) and 408. Under section 3405, distributions from these




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                                                                                plans are generally subject to income tax withholding unless the recipient elects otherwise. In
                                                                                addition, certain distributions from a qualified retirement plan, a section 403(b) plan, or a gov-
                                                                                ernmental section 457(b) plan are subject to mandatory income tax withholding at a 20-percent
                                                                                rate unless the distribution is rolled over.




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                                                                                                                                    88

                                                                                tional tax (referred to as the ‘‘early withdrawal tax’’) on the amount
                                                                                includible in income.250
                                                                                   In general, a distribution from an eligible retirement plan may
                                                                                be rolled over to another eligible retirement plan within 60 days,
                                                                                in which case the amount rolled over generally is not includible in
                                                                                income. The IRS has the authority to waive the 60-day requirement
                                                                                if failure to waive the requirement would be against equity or good
                                                                                conscience, including cases of casualty, disaster, or other events be-
                                                                                yond the reasonable control of the individual.
                                                                                   The terms of a qualified retirement plan, section 403(b) plan, or
                                                                                governmental section 457(b) plan generally determine when dis-
                                                                                tributions are permitted. However, in some cases, restrictions may
                                                                                apply to distributions before an employee’s termination of employ-
                                                                                ment, referred to as ‘‘in-service’’ distributions. Despite such restric-
                                                                                tions, an in-service distribution may be permitted in the case of fi-
                                                                                nancial hardship or an unforeseeable emergency.
                                                                                Loans from tax-favored retirement plans
                                                                                   Employer-sponsored retirement plans may provide loans to par-
                                                                                ticipants. Unless the loan satisfies certain requirements in both
                                                                                form and operation, the amount of a retirement plan loan is a
                                                                                deemed distribution from the retirement plan. Among the require-
                                                                                ments that the loan must satisfy are that the loan amount must
                                                                                not exceed the lesser of 50 percent of the participant’s account bal-
                                                                                ance or $50,000 (generally taking into account outstanding bal-
                                                                                ances of previous loans), and the loan’s terms must provide for a
                                                                                repayment period of not more than five years (except for a loan
                                                                                specifically to purchase a home) and for level amortization of loan
                                                                                payments to be made not less frequently than quarterly.251 Thus,
                                                                                if an employee stops making payments on a loan before the loan
                                                                                is repaid, a deemed distribution of the outstanding loan balance
                                                                                generally occurs. A deemed distribution of an unpaid loan balance
                                                                                is generally taxed as though an actual distribution occurred, in-
                                                                                cluding being subject to a 10-percent early distribution tax, if appli-
                                                                                cable. A deemed distribution is not eligible for rollover to another
                                                                                eligible retirement plan. Subject to the limit on the amount of
                                                                                loans, which precludes any additional loan that would cause the
                                                                                limit to be exceeded, the rules relating to loans do not limit the
                                                                                number of loans an employee may obtain from a plan.
                                                                                Tax-favored retirement plan compliance
                                                                                  Tax-favored retirement plans are generally required to be oper-
                                                                                ated in accordance with the terms of the plan document, and
                                                                                amendments to reflect changes to the plan generally must be
                                                                                adopted within a limited period.
                                                                                                                   REASONS FOR CHANGE

                                                                                  When a disaster occurs, taxpayers living or working in the af-
                                                                                fected areas may experience damage to their homes and personal
                                                                                property, in some cases significant. As a result, they may need ac-
                                                                                cess to their financial resources to recover from the consequences
                                                                                of such events to repair such damage and to pay for immediate liv-




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                                                                                   250 Sec. 72(t). Under present law, the 10-percent early withdrawal tax does not apply to dis-
                                                                                tributions from a governmental section 457(b) plan.
                                                                                   251 Sec. 72(p).




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                                                                                ing expenses. The Committee believes that when a major Federal
                                                                                disaster is declared under the Stafford Act, affected taxpayers of
                                                                                qualified disasters should be able to take distributions or loans
                                                                                from their retirement accounts for such purposes.
                                                                                                               EXPLANATION OF PROVISION

                                                                                Distributions and recontributions
                                                                                   Under the provision, an exception to the 10-percent early with-
                                                                                drawal tax applies in the case of ‘‘qualified disaster distributions’’’
                                                                                from a qualified retirement plan, a section 403(b) plan, or an IRA.
                                                                                In addition, as discussed further, income attributable to a qualified
                                                                                disaster distribution may be included in income ratably over three
                                                                                years, and the amount of a qualified disaster distribution may be
                                                                                recontributed to an eligible retirement plan within three years.
                                                                                   A ‘‘qualified disaster distribution’’ is any distribution from a
                                                                                qualified retirement plan, section 403(b) plan, or governmental sec-
                                                                                tion 457(b) plan, made on or after the first day of the incident pe-
                                                                                riod of a qualified disaster and before the date which is 180 days
                                                                                after the date of enactment, to an individual whose principal place
                                                                                of abode at any time during the incident period is located in the
                                                                                qualified disaster area and who has sustained an economic loss by
                                                                                reason of such disaster, regardless of whether a distribution other-
                                                                                wise would be permissible.252
                                                                                   A plan is not treated as violating any Code requirement merely
                                                                                because it treats a distribution as a qualified disaster distribution,
                                                                                provided that the aggregate amount of such distributions from
                                                                                plans maintained by the employer and members of the employer’s
                                                                                controlled group or affiliated service group does not exceed
                                                                                $100,000 for each qualified disaster. The total amount of distribu-
                                                                                tions to an individual from all eligible retirement plans that may
                                                                                be treated as qualified disaster distributions with respect to each
                                                                                qualified disaster is $100,000. Thus, a plan is not treated as vio-
                                                                                lating any Code requirement merely because an individual might
                                                                                receive total distributions in excess of $100,000, taking into account
                                                                                distributions from plans of other employers or IRAs, or because an
                                                                                individual may have been affected by more than one qualified dis-
                                                                                aster.
                                                                                   Any amount required to be included in income as a result of a
                                                                                qualified disaster distribution is included in income ratably over
                                                                                the three-year period beginning with the year of distribution unless
                                                                                the individual elects not to have ratable inclusion apply.
                                                                                   Any portion of a qualified disaster distribution may, at any time
                                                                                during the three-year period beginning the day after the date on
                                                                                which the distribution was received, be recontributed to an eligible
                                                                                retirement plan to which a rollover can be made. Any amount re-
                                                                                contributed within the three-year period is treated as a rollover
                                                                                and thus is not includible in income. For example, if an individual
                                                                                receives a qualified disaster distribution in 2019, that amount is in-
                                                                                cluded in income, generally ratably over the year of the distribution
                                                                                and the following two years but is not subject to the 10-percent
                                                                                early withdrawal tax. If, in 2021, the amount of the qualified dis-
                                                                                aster distribution is recontributed to an eligible retirement plan,




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                                                                                  252 A qualified disaster distribution is subject to income tax withholding unless the recipient
                                                                                elects otherwise. Mandatory 20-percent withholding does not apply.




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                                                                                the individual may file an amended return to claim a refund of the
                                                                                tax attributable to the amount previously included in income. In
                                                                                addition, if, under the ratable inclusion provision, a portion of the
                                                                                distribution has not yet been included in income at the time of the
                                                                                contribution, the remaining amount is not includible in income.
                                                                                Recontributions of withdrawals for purchase of a home
                                                                                   Any individual who received a qualified disaster distribution 253
                                                                                during the period beginning on the date which is 180 days before
                                                                                the first day of the incident period of the qualified disaster and
                                                                                ending on the date which is 30 days after the last day of such inci-
                                                                                dent period, which was to be used to purchase or construct a prin-
                                                                                cipal residence in a qualified disaster area, but which was not so
                                                                                purchased or constructed on account of the qualified disaster, may,
                                                                                during the ‘‘applicable period,’’ make one or more contributions in
                                                                                an aggregate amount not to exceed the amount of such qualified
                                                                                distribution to an eligible retirement plan of which such individual
                                                                                is a beneficiary and to which a rollover contribution of such dis-
                                                                                tribution could be made.254 The ‘‘applicable period’’ is, in the case
                                                                                of a principal residence in a qualified disaster area with respect to
                                                                                any qualified disaster, the period beginning on the first day of the
                                                                                incident period of such qualified disaster and ending on the date
                                                                                which is 180 days after the date of enactment. A plan is not treated
                                                                                as violating any Code requirement merely because it repays such
                                                                                distributions as provided above, provided that the aggregate
                                                                                amount of such repayments from plans maintained by the employer
                                                                                and members of the employer’s controlled group or affiliated service
                                                                                group does not exceed $100,000.
                                                                                Loans
                                                                                   In the case of a ‘‘qualified individual’’ who obtained a loan from
                                                                                a qualified employer plan 255 made during the 180-day period be-
                                                                                ginning on the date of enactment, in lieu of the permitted max-
                                                                                imum loan amount as the lesser of 50 percent of the participant’s
                                                                                account balance or $50,000, the permitted maximum loan amount
                                                                                is the lesser of ‘‘the present value of the nonforfeitable accrued ben-
                                                                                efit of the employee under the plan’’ (rather than ‘‘one-half of the
                                                                                present value of the nonforfeitable accrued benefit of the employee
                                                                                under the plan’’) or $100,000, and the loan is not treated as a dis-
                                                                                tribution.256 For this purpose, a ‘‘qualified individual’’ is an indi-
                                                                                vidual whose principal place of abode, during any portion of the in-
                                                                                cident period of any qualified disaster, was located in the qualified
                                                                                disaster area and who sustained an economic loss by reason of the
                                                                                qualified disaster.
                                                                                   In the case of such a qualified individual (with respect to a quali-
                                                                                fied disaster) with an outstanding loan (on or after the first day of
                                                                                the incident period of such qualified disaster), from a qualified em-
                                                                                ployer plan, if the due date for any repayment with respect to such
                                                                                a loan 257 occurs during the period beginning on the first day of the
                                                                                incident period of such qualified disaster and ending on the date
                                                                                   253 As described in sections 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such dis-
                                                                                tribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F).




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                                                                                   254 Under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be.
                                                                                   255 As defined under section 72(p)(4).
                                                                                   256 See section 72(p)(2)(A).
                                                                                   257 See section 72(p)(2).




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                                                                                which is 180 days after the last day of such incident period, the
                                                                                due date is delayed for one year (or, if later, until the date which
                                                                                is 180 days after the date of enactment) and any subsequent repay-
                                                                                ments will be appropriately adjusted to reflect the delay in any re-
                                                                                payment date noted above and any interest accruing during such
                                                                                delay, but the repayment delay is disregarded in determining the
                                                                                5-year period and the term of the loan.258
                                                                                Plan amendments
                                                                                   A plan amendment made pursuant to the provision (or a regula-
                                                                                tion issued thereunder) may be retroactively effective if, in addition
                                                                                to the requirements described below, the amendment is made on or
                                                                                before the last day of the first plan year beginning after January
                                                                                1, 2020 (or in the case of a governmental plan, January 1, 2022),
                                                                                or a later date prescribed by the Secretary. In addition, the plan
                                                                                is treated as operated in accordance with plan terms during the pe-
                                                                                riod beginning with the date the provision or regulation takes ef-
                                                                                fect (or the date specified by the plan if the amendment is not re-
                                                                                quired by the provision or regulation) and ending on the last per-
                                                                                missible date for the amendment (or, if earlier, the date the amend-
                                                                                ment is adopted). For an amendment to be retroactively effective,
                                                                                it must apply retroactively for that period, and the plan must be
                                                                                operated in accordance with the amendment during that period.
                                                                                                                          EFFECTIVE DATE

                                                                                     The provision is effective on the date of enactment.
                                                                                3. DISASTER RELATED EMPLOYMENT RELIEF (SEC. 303 OF THE BILL AND
                                                                                                      SEC. 38 OF THE CODE)

                                                                                                                             PRESENT LAW

                                                                                  The Code provides an employer credit for employers affected by
                                                                                Hurricane Katrina, Hurricane Rita, and Hurricane Wilma,259 for
                                                                                employers affected by Hurricane Harvey, Hurricane Irma, and
                                                                                Hurricane Maria,260 and for employers affected by certain Cali-
                                                                                fornia wildfires for which a major disaster had been declared by
                                                                                the President between January 1, 2017, through January 18, 2018.
                                                                                There is not a generally applicable employer tax credit for wages
                                                                                paid in connection with other disaster areas.
                                                                                                                     REASONS FOR CHANGE

                                                                                  The Committee desires to provide targeted relief to employers af-
                                                                                fected by qualified disasters in order to encourage them to retain
                                                                                their workforce, both to assist in the employer’s recovery and so
                                                                                that the employees dealing with the hardship of a disaster may
                                                                                continue to receive salaries.



                                                                                     258 Under section 72(p)(2)(B) or (C).




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                                                                                  259 Sec. 1400R. This provision was repealed by the Consolidated Appropriations Act, Pub L.

                                                                                No. 115–141, sec. 401(d)(6)(A).
                                                                                  260 Section 503 of the Disaster Tax Relief and Airport and Airway Extension Act of 2017, Pub.

                                                                                L. No. 115–63.




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                                                                                                               EXPLANATION OF PROVISION

                                                                                   The provision provides a credit of 40 percent of the qualified
                                                                                wages (up to a maximum of $6,000 in qualified wages per em-
                                                                                ployee) paid by an eligible employer to an eligible employee.
                                                                                   An eligible employer is any employer that (1) conducted an active
                                                                                trade or business in a qualified disaster zone at any time during
                                                                                the applicable incident period of the applicable qualified disaster
                                                                                with respect to such qualified disaster zone and (2) with respect to
                                                                                which the trade or business described in (1) is inoperable on any
                                                                                day during the period beginning on the first day of the applicable
                                                                                incident period of the applicable qualified disaster and ending on
                                                                                the date of the enactment of this bill, as a result of damage sus-
                                                                                tained by reason of the applicable qualified disaster.
                                                                                   An eligible employee is, with respect to an eligible employer, an
                                                                                employee whose principal place of employment, determined imme-
                                                                                diately before the applicable qualified disaster, with such eligible
                                                                                employer was in the applicable qualified disaster zone. An em-
                                                                                ployee may not be treated as an eligible employee for any period
                                                                                with respect to an employer if such employer is allowed a credit
                                                                                under section 51, the work opportunity credit, with respect to the
                                                                                employee for the period.
                                                                                   Qualified wages are wages (as defined in section 51(c)(1) of the
                                                                                Code, but without regard to section 3306(b)(2)(B) of the Code) paid
                                                                                or incurred by an eligible employer with respect to an eligible em-
                                                                                ployee during the period (1) beginning on the date on which the
                                                                                trade or business first became inoperable at the principal place of
                                                                                employment of the employee immediately before the applicable
                                                                                qualified disaster and (2) ending on the earlier of (i) the date on
                                                                                which such trade or business has resumed significant operations at
                                                                                such principal place of employment or (ii) the date which is 150
                                                                                days after the last day of the applicable incident period. Qualified
                                                                                wages include wages paid without regard to whether the employee
                                                                                performs no services, performs services at a different place of em-
                                                                                ployment than such principal place of employment, or performs
                                                                                services at such principal place of employment before significant
                                                                                operations have resumed.
                                                                                   The credit is treated as a current year business credit under sec-
                                                                                tion 38(b) and therefore is subject to the tax liability limitations of
                                                                                section 38(c). Rules similar to sections 51(i)(1), 52, and 280C(a)
                                                                                apply to the credit.
                                                                                                                         EFFECTIVE DATE

                                                                                     The provision is effective on the date of enactment.
                                                                                     4. TEMPORARY SUSPENSION OF LIMITATION ON CHARITABLE
                                                                                 CONTRIBUTIONS (SEC. 304(a) OF THE BILL AND SEC. 170 OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                In general




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                                                                                  In general, an income tax deduction is permitted for charitable
                                                                                contributions, subject to certain limitations that depend on the type




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                                                                                of taxpayer, the property contributed, and the donee organiza-
                                                                                tion.261
                                                                                   Charitable contributions of cash are deductible in the amount
                                                                                contributed. In general, contributions of capital gain property to a
                                                                                qualified charity are deductible at fair market value with certain
                                                                                exceptions. Capital gain property means any capital asset or prop-
                                                                                erty used in the taxpayer’s trade or business the sale of which at
                                                                                its fair market value, at the time of contribution, would have re-
                                                                                sulted in gain that would have been long-term capital gain. Con-
                                                                                tributions of other appreciated property generally are deductible at
                                                                                the donor’s basis in the property. Contributions of depreciated
                                                                                property generally are deductible at the fair market value of the
                                                                                property.
                                                                                Percentage limitations
                                                                                       Contributions by individuals
                                                                                   For individuals, in any taxable year, the amount deductible as a
                                                                                charitable contribution is limited to a percentage of the taxpayer’s
                                                                                contribution base. The applicable percentage of the contribution
                                                                                base varies depending on the type of donee organization and prop-
                                                                                erty contributed. The contribution base is defined as the taxpayer’s
                                                                                adjusted gross income computed without regard to any net oper-
                                                                                ating loss carryback.
                                                                                   Contributions by an individual taxpayer of property (other than
                                                                                appreciated capital gain property) to a charitable organization de-
                                                                                scribed in section 170(b)(1)(A) (e.g., public charities, private founda-
                                                                                tions other than private non-operating foundations, and certain
                                                                                governmental units) may not exceed 50 percent of the taxpayer’s
                                                                                contribution base. Contributions of this type of property to nonop-
                                                                                erating private foundations and certain other organizations gen-
                                                                                erally may be deducted up to 30 percent of the taxpayer’s contribu-
                                                                                tion base.
                                                                                   For contributions taken into account for taxable years beginning
                                                                                after December 31, 2017 and before January 1, 2026, section
                                                                                170(b)(1)(G) increases the percentage limit for contributions by an
                                                                                individual taxpayer of cash to an organization described in section
                                                                                170(b)(1)(A) to 60 percent. The 60-percent limit does not apply to
                                                                                noncash contributions. The 60-percent limit is intended to be ap-
                                                                                plied after, and reduced by, the amount of noncash contributions
                                                                                to organizations described in section 170(b)(1)(A).
                                                                                   Contributions of appreciated capital gain property to charitable
                                                                                organizations described in section 170(b)(1)(A) generally are de-
                                                                                ductible up to 30 percent of the taxpayer’s contribution base. An in-
                                                                                dividual may elect, however, to bring all these contributions of ap-
                                                                                preciated capital gain property for a taxable year within the 50-
                                                                                percent limitation category by reducing the amount of the contribu-
                                                                                tion deduction by the amount of the appreciation in the capital
                                                                                gain property. Contributions of appreciated capital gain property to
                                                                                charitable organizations described in section 170(b)(1)(B) (e.g., pri-
                                                                                vate nonoperating foundations) are deductible up to 20 percent of




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                                                                                the taxpayer’s contribution base.
                                                                                     261 Sec. 170.




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                                                                                      Contributions by corporations
                                                                                  For corporations, in any taxable year, charitable contributions
                                                                                are not deductible to the extent the aggregate contributions exceed
                                                                                10 percent of the corporation’s taxable income computed without
                                                                                regard to net operating loss or capital loss carrybacks.
                                                                                  For purposes of determining whether a corporation’s aggregate
                                                                                charitable contributions in a taxable year exceed the applicable
                                                                                percentage limitation, contributions of capital gain property are
                                                                                taken into account after other charitable contributions.
                                                                                       Carryforward of excess contributions
                                                                                   Charitable contributions that exceed the applicable percentage
                                                                                limitation may be carried forward for up to five years.262 The
                                                                                amount that may be carried forward from a taxable year (‘‘con-
                                                                                tribution year’’) to a succeeding taxable year may not exceed the
                                                                                applicable percentage of the contribution base for the succeeding
                                                                                taxable year less the sum of contributions made in the succeeding
                                                                                taxable year plus contributions made in taxable years prior to the
                                                                                contribution year and treated as paid in the succeeding taxable
                                                                                year under this provision.
                                                                                                                    REASONS FOR CHANGE

                                                                                   Charities play a critical role in providing relief to citizens and
                                                                                communities that are affected by natural disasters. The Committee
                                                                                believes it is important to ensure that charities have sufficient re-
                                                                                sources to provide such relief by encouraging taxpayers to donate
                                                                                to charities that are on the front lines of providing disaster relief.
                                                                                The provision furthers this goal by suspending the charitable per-
                                                                                centage limits for certain charitable contributions to public char-
                                                                                ities of cash that will be used to provide disaster relief.
                                                                                                                EXPLANATION OF PROVISION

                                                                                   Under the provision, in the case of an individual, the deduction
                                                                                for qualified contributions is allowed up to the amount by which
                                                                                the taxpayer’s contribution base exceeds the deduction for other
                                                                                charitable contributions. Contributions in excess of this amount are
                                                                                carried over to succeeding taxable years as contributions described
                                                                                in section 170(b)(1)(G)(ii) (generally relating to cash contributions
                                                                                to public charities).
                                                                                   In the case of a corporation, the deduction for qualified contribu-
                                                                                tions is allowed up to the amount by which the corporation’s tax-
                                                                                able income (as computed under section 170(b)(2)) exceeds the de-
                                                                                duction for other charitable contributions. Contributions in excess
                                                                                of this amount are carried over to succeeding taxable years, subject
                                                                                to the limitations of section 170(d)(2).
                                                                                   In applying subsections (b) and (d) of section 170 to determine
                                                                                the deduction for other contributions, qualified contributions are
                                                                                not taken into account (except to the extent qualified contributions
                                                                                are carried over to succeeding taxable years under the rules de-
                                                                                scribed above).
                                                                                   Qualified contributions are cash contributions paid during the




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                                                                                period beginning on January 1, 2018, and ending on the date which
                                                                                     262 Sec. 170(d).




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                                                                                                                                        95

                                                                                is 60 days after the date of enactment, to a charitable organization
                                                                                described in section 170(b)(1)(A), other than contributions to (i) a
                                                                                supporting organization described in section 509(a)(3) or (ii) for the
                                                                                establishment of a new, or maintenance of an existing, donor ad-
                                                                                vised fund (as defined in section 4966(d)(2)). Contributions of
                                                                                noncash property, such as securities, are not qualified contribu-
                                                                                tions. Under the provision, qualified contributions must be to an or-
                                                                                ganization described in section 170(b)(1)(A); thus, contributions to,
                                                                                for example, a charitable remainder trust generally are not quali-
                                                                                fied contributions, unless the charitable remainder interest is paid
                                                                                in cash to an eligible charity during the applicable time period.
                                                                                Qualified contributions must be made for relief efforts in one or
                                                                                more qualified disaster areas. Taxpayers must substantiate that
                                                                                the contribution is made for this purpose. A taxpayer must elect to
                                                                                have the contributions treated as qualified contributions.
                                                                                                                             EFFECTIVE DATE

                                                                                      The provision is effective on the date of enactment.
                                                                                5. SPECIAL RULES FOR QUALIFIED DISASTER-RELATED PERSONAL CAS-
                                                                                  UALTY LOSSES (SEC. 304(b) OF THE BILL AND SEC. 165 OF THE CODE)

                                                                                                                              PRESENT LAW

                                                                                  An individual taxpayer may claim an itemized deduction for a
                                                                                personal casualty loss only if such loss was attributable to a dis-
                                                                                aster declared by the President under section 401 of the Stafford
                                                                                Act.263 All other personal casualty losses are deductible only to the
                                                                                extent that such losses do not exceed the individual’s personal cas-
                                                                                ualty gains. Personal casualty losses are deductible only if they ex-
                                                                                ceed $100 per casualty. In addition, aggregate net losses are de-
                                                                                ductible only to the extent they exceed 10 percent of the individual
                                                                                taxpayer’s adjusted gross income.
                                                                                                                       REASONS FOR CHANGE

                                                                                  The Committee believes that allowing taxpayers in qualified dis-
                                                                                aster areas a greater ability to take a personal casualty loss will
                                                                                assist in the taxpayers in recovering from the hardship caused by
                                                                                the applicable disaster.
                                                                                                                   EXPLANATION OF PROVISION

                                                                                  Under the provision, in the case of a personal casualty loss which
                                                                                arose in a qualified disaster area on or after the first day of the
                                                                                incident period of the applicable qualified disaster and which were
                                                                                attributable to such qualified disaster, such losses are deductible
                                                                                without regard to whether aggregate net losses exceed 10 percent
                                                                                of a taxpayer’s adjusted gross income. In order to be deductible,
                                                                                however, such losses must exceed $500 per casualty. Finally, such
                                                                                losses may be claimed in addition to the standard deduction and
                                                                                may be claimed by tax payers subject to the alternative minimum
                                                                                tax.




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                                                                                     263 165(h)(5).




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                                                                                                                           EFFECTIVE DATE

                                                                                      The provision is effective on the date of enactment.
                                                                                     6. SPECIAL RULE FOR DETERMINING EARNED INCOME (SEC. 304(c) OF
                                                                                                THE BILL AND SECS. 24 AND 32 OF THE CODE)

                                                                                                                            PRESENT LAW

                                                                                   The Code provides eligible taxpayers with an earned income tax
                                                                                credit and a child credit. In general, the earned income tax credit
                                                                                is a refundable credit for low-income workers.264 The amount of the
                                                                                credit depends on the earned income of the taxpayer and whether
                                                                                the taxpayer has one, more than one, or no qualifying children.
                                                                                Earned income generally includes wages, salaries, tips, and other
                                                                                employee compensation, plus net earnings from self-employment.
                                                                                   Taxpayers with incomes below certain threshold amounts are eli-
                                                                                gible for a $2,000 credit for each qualifying child.265 In some cir-
                                                                                cumstances, all or a portion of the otherwise allowable credit is
                                                                                treated as a refundable credit (the ‘‘additional child tax credit’’).
                                                                                Generally, the amount of the additional child tax credit equals 15
                                                                                percent of the taxpayer’s earned income in excess of $2,500, capped
                                                                                at $1,400 (indexed for inflation).
                                                                                                                     REASONS FOR CHANGE

                                                                                  A qualified disaster may negatively affect taxpayers eligible to
                                                                                claim the earned income tax credit or child tax credit by tempo-
                                                                                rarily preventing them from working, causing a loss in earned in-
                                                                                come. This could reduce the amount of such taxpayers’ credits,
                                                                                through no fault of their own, during a time when they are suf-
                                                                                fering the hardship associated with recovering from disasters. The
                                                                                Committee believes that allowing such taxpayers to use prior year
                                                                                earned income for purposes of these credits is reasonable, just, and
                                                                                will aid in disaster recovery.
                                                                                                                 EXPLANATION OF PROVISION

                                                                                In general
                                                                                   The provision permits qualified individuals to elect to calculate
                                                                                their earned income tax credit and additional child tax credit for
                                                                                an applicable taxable year using their earned income from the prior
                                                                                taxable year. Qualified individuals are permitted to make the elec-
                                                                                tion with respect to an applicable taxable year only if their earned
                                                                                income for such taxable year is less than their earned income for
                                                                                the preceding taxable year.
                                                                                   Qualified individuals are (1) individuals who, at any time during
                                                                                the incident period of a qualified disaster, had their principal place
                                                                                of abode in the applicable qualified disaster zone, or (2) individuals
                                                                                who during any portion of such incident period were not in the ap-
                                                                                plicable qualified disaster zone but whose principal place of abode
                                                                                was in the applicable qualified disaster area and were displaced
                                                                                from such principal place of abode by reason of the qualified dis-
                                                                                aster. An applicable taxable year is any taxable year which in-
                                                                                cludes any portion of the incident period of a qualified disaster.




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                                                                                     264 Sec. 32.
                                                                                     265 Sec. 24.




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                                                                                   For purposes of the provision, in the case of a joint return for a
                                                                                taxable year which includes an applicable taxable year, the provi-
                                                                                sion applies if either spouse is a qualified individual. In such cases,
                                                                                the earned income which is attributable to the taxpayer for the pre-
                                                                                ceding taxable year is the sum of the earned income which is at-
                                                                                tributable to each spouse for such preceding taxable year.
                                                                                   Any election to use the prior year’s earned income under the pro-
                                                                                vision applies with respect to both the earned income credit and
                                                                                additional child tax credit. For administrative purposes, the incor-
                                                                                rect use on a return of earned income pursuant to an election
                                                                                under this provision is treated as a mathematical or clerical error.
                                                                                An election under the provision is disregarded for purposes of cal-
                                                                                culating gross income in the election year.
                                                                                Hurricane Sandy
                                                                                  The provision provides a similar rule for individuals affected by
                                                                                Hurricane Sandy. Such individuals can elect to calculate their
                                                                                earned income tax credit and additional child tax credit for the tax-
                                                                                able year that includes the dates of Hurricane Sandy (October 29,
                                                                                2012 through November 3, 2012, hereinafter ‘‘Hurricane Sandy pe-
                                                                                riod’’) using their earned income for the prior taxable year if it is
                                                                                greater than their earned income for the year that includes Hurri-
                                                                                cane Sandy.
                                                                                  Qualified individuals affected by Hurricane Sandy are those indi-
                                                                                viduals whose principal place of abode during the Hurricane Sandy
                                                                                period, was located in (i) the portion of the area determined by the
                                                                                President to warrant individual or individual and public assistance
                                                                                under the Stafford Act by reason of Hurricane Sandy or (ii) in the
                                                                                area for which a major disaster was declared by the President
                                                                                under section 401 of the Stafford Act by reason of Hurricane Sandy
                                                                                and such individual was displaced from the individual’s principal
                                                                                place of abode.
                                                                                  The provision extends the statute of limitations for individuals
                                                                                affected by Hurricane Sandy to make any claims for credit or re-
                                                                                fund relating to a change in the earned income of such individuals.
                                                                                                                             EFFECTIVE DATE

                                                                                     The provision is effective on the date of enactment.
                                                                                7. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF CERTAIN
                                                                                   TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS (SEC.
                                                                                   305 OF THE BILL AND SEC. 7508A OF THE CODE)

                                                                                                                              PRESENT LAW

                                                                                General time limits for filing tax returns
                                                                                  Individuals generally must file their Federal income tax returns
                                                                                by April 15 of the year following the close of a taxable year.266
                                                                                Present law also provides that the Secretary may grant reasonable
                                                                                extensions of time for filing such returns.267 Treasury regulations
                                                                                provide, upon application on the proper form, an automatic six-
                                                                                month extension (until October 15 for calendar-year individuals) for
                                                                                any individual timely filing that form and paying the amount of tax




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                                                                                     266 Sec. 6072.
                                                                                     267 Sec. 6081.




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                                                                                                                                     98

                                                                                estimated to be due.268 In general, individuals must make quar-
                                                                                terly estimated tax payments by April 15, June 15, September 15,
                                                                                and January 15 of the following taxable year. Wage withholding is
                                                                                considered to be a payment of estimated taxes.
                                                                                Suspension of time periods
                                                                                   In general, the Secretary may specify a period of up to one year
                                                                                that may be disregarded for performing various acts under the In-
                                                                                ternal Revenue Code, such as filing tax returns, paying taxes, or
                                                                                filing a claim for credit or refund of tax, for any taxpayer deter-
                                                                                mined by the Secretary to be affected by a Federally declared dis-
                                                                                aster or a terroristic or military action with respect to any tax li-
                                                                                ability of the taxpayer.269 In addition, the period specified by the
                                                                                Secretary may be disregarded in determining the amount of any in-
                                                                                terest, penalty, additional amount, or addition to tax, and the
                                                                                amount of any credit or refund.
                                                                                   There are special rules provided for pensions and other employee
                                                                                benefit plans. The Secretary may prescribe a period of up to one
                                                                                year which may be disregarded in determining the date by which
                                                                                any action by a pension or other employee benefit plan, or by any
                                                                                sponsor, administrator, participant, beneficiary, or other person
                                                                                with respect to such plan, affected by a Federally declared disaster
                                                                                or a terroristic or military action would be required or permitted
                                                                                to be completed. A plan is not treated as operating in a manner in-
                                                                                consistent with its terms or in violation of its terms merely due to
                                                                                disregarding any such periods.
                                                                                   The suspension of time may apply to the following acts:
                                                                                   1. Filing any return of income, estate, gift, employment, or excise
                                                                                tax;
                                                                                   2. Payment of any income, estate, or gift, employment, or excise
                                                                                tax or any installment thereof or of any other liability to the
                                                                                United States in respect thereof;
                                                                                   3. Filing a petition with the Tax Court for redetermination of a
                                                                                deficiency, or for review of a decision rendered by the Tax Court;
                                                                                   4. Allowance of a credit or refund of any tax;
                                                                                   5. Filing a claim for credit or refund of any tax;
                                                                                   6. Bringing suit upon any such claim for credit or refund;
                                                                                   7. Assessment of any tax;
                                                                                   8. Giving or making any notice or demand for the payment of
                                                                                any tax, or with respect to any liability to the United States in re-
                                                                                spect of any tax;
                                                                                   9. Collection of the amount of any liability in respect of any tax;
                                                                                   10. Bringing suit by the United States in respect of any liability
                                                                                in respect of any tax; and
                                                                                   11. Any other act required or permitted under the internal rev-
                                                                                enue laws specified in regulations prescribed by the Secretary of
                                                                                the Treasury.270
                                                                                     268 Treas. Reg. sec. 1.6081–4.
                                                                                     269 Sec. 7508A.
                                                                                   270 Sec. 7508(a)(1). Under Treasury regulations, an additional act was added to this list with
                                                                                respect to affected pension plans and affected taxpayers with respect to such plans: Making con-




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                                                                                tributions to a qualified retirement plan (within the meaning of section 4974(c)) under section
                                                                                219(f)(3), 404(a)(6), 404(h)(1)(B), or 404(m)(2); making distributions under section 408(d)(4); re-
                                                                                characterizing contributions under section 408A(d)(6); or making a rollover under section 402(c),
                                                                                403(a)(4), 403(b)(8), or 408(d)(3). Treas. Reg. sec. 301.7508A–1(c)(1)(iii).




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                                                                                                                                    99

                                                                                                                   REASONS FOR CHANGE

                                                                                  The Committee believes that the certainty and additional time
                                                                                provided by an automatic extension of filing deadlines for tax-
                                                                                payers affected by Federally declared disasters will ease the burden
                                                                                of tax compliance for taxpayers dealing with the hardship of dis-
                                                                                aster recovery.
                                                                                                               EXPLANATION OF PROVISION

                                                                                   The provision provides to qualified taxpayers in the case of a
                                                                                Federally declared disaster a mandatory 60-day period that is dis-
                                                                                regarded in determining whether the acts listed above were per-
                                                                                formed in the time prescribed; the amount of interest, penalty, ad-
                                                                                ditional amount, or addition to tax; and the amount of credit or re-
                                                                                fund. The 60-day period begins on the earliest incident date speci-
                                                                                fied in the declaration of the relevant disaster and ends on the date
                                                                                which is 60 days after the latest incident date so specified. A dis-
                                                                                aster area is the geographic area of a Federally declared disaster,
                                                                                which is any disaster subsequently determined by the President to
                                                                                warrant assistance by the Federal government under the Stafford
                                                                                Act.271
                                                                                   Qualified taxpayers are (1) any individual whose principal resi-
                                                                                dence is located in a disaster area, (2) any taxpayer if the tax-
                                                                                payer’s principal place of business (other than the business of per-
                                                                                forming services as an employee) is located in a disaster area, (3)
                                                                                any individual who is a relief worker affiliated with a recognized
                                                                                government or philanthropic organization and who is assisting in
                                                                                a disaster area, (4) any taxpayer whose records necessary to meet
                                                                                a deadline for the acts listed above are maintained in a disaster
                                                                                area, (5) any individual visiting a disaster area who was killed or
                                                                                injured as a result of the disaster, and (6) solely with respect to a
                                                                                joint return, any spouse of an individual who is a qualified tax-
                                                                                payer.
                                                                                   In the case of a pension or other employee benefit plan, or any
                                                                                sponsor, administrator, participant, beneficiary or other person
                                                                                with respect to such a plan,272 the provision provides that a rule
                                                                                similar to the mandatory 60-day period rule described above ap-
                                                                                plies with respect to any of the following actions:
                                                                                       1. Making contributions to a section 401(a) qualified retire-
                                                                                     ment plan, a section 403(a) annuity, a section 403(b) tax-shel-
                                                                                     tered annuity, or a section 408 individual retirement account
                                                                                     or annuity (IRA);
                                                                                       2. Making distributions of contributions to an IRA prior to
                                                                                     the due date for filing the individual’s tax return for the year
                                                                                     in which the contribution was made;
                                                                                       3. Recharacterizing IRA contributions by making a trustee-
                                                                                     to-trustee transfer from a traditional IRA to a Roth IRA, or
                                                                                     vice versa, before the due date (including extensions) for the
                                                                                     individual’s income tax return for that year;273 or
                                                                                  271 Sec. 165(i)(5).
                                                                                  272 For this purpose, a definition similar to the definition of ‘‘qualified taxpayer’’ is intended




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                                                                                to generally apply.
                                                                                  273 In the case of a recharacterization, the contribution will be treated as having been made
                                                                                to the transferee IRA (and not the original, transferor IRA) as of the date of the original con-
                                                                                                                                                                          Continued




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                                                                                                                                100

                                                                                    4. Making a rollover.274
                                                                                  The mandatory 60-day period provided under the provision is in
                                                                                addition to, or concurrent with as the case may be, any period of
                                                                                suspension provided by the Secretary.
                                                                                                                         EFFECTIVE DATE

                                                                                  The provision applies to Federally declared disasters declared
                                                                                after the date of enactment.
                                                                                8. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVEST-
                                                                                   MENT INCOME OF PRIVATE FOUNDATIONS (SEC. 306 OF THE BILL AND
                                                                                   SEC. 4940 OF THE CODE)

                                                                                                                          PRESENT LAW

                                                                                Excise tax on the net investment income of private foundations
                                                                                   Under section 4940(a), private foundations that are recognized as
                                                                                exempt from Federal income tax under section 501(a) (other than
                                                                                exempt operating foundations 275) are subject to a two-percent ex-
                                                                                cise tax on their net investment income. Net investment income
                                                                                generally includes interest, dividends, rents, royalties (and income
                                                                                from similar sources), and capital gain net income, and is reduced
                                                                                by expenses incurred to earn this income. The two-percent rate of
                                                                                tax is reduced to one-percent in any year in which a foundation ex-
                                                                                ceeds the average historical level of its charitable distributions.
                                                                                Specifically, the excise tax rate is reduced if the foundation’s quali-
                                                                                fying distributions (generally, amounts paid to accomplish exempt
                                                                                purposes) 276 equal or exceed the sum of (1) the amount of the foun-
                                                                                dation’s assets for the taxable year multiplied by the average per-
                                                                                centage of the foundation’s qualifying distributions over the five
                                                                                taxable years immediately preceding the taxable year in question,
                                                                                and (2) one percent of the net investment income of the foundation
                                                                                for the taxable year.277 In addition, the foundation cannot have
                                                                                been subject to tax in any of the five preceding years for failure to
                                                                                meet minimum qualifying distribution requirements in section
                                                                                4942.
                                                                                   Private foundations that are not exempt from tax under section
                                                                                501(a), such as certain charitable trusts, are subject to an excise
                                                                                tax under section 4940(b). The tax is equal to the excess of the sum
                                                                                of the excise tax that would have been imposed under section
                                                                                4940(a) if the foundation were tax exempt and the amount of the
                                                                                tax on unrelated business income that would have been imposed if
                                                                                the foundation were tax exempt, over the income tax imposed on
                                                                                the foundation under subtitle A of the Code.

                                                                                tribution. Pursuant to section 13611 of Pub. L. No. 115–97, this rule does not apply to a conver-
                                                                                sion contribution to a Roth IRA effective for taxable years beginning after December 31, 2017.
                                                                                   274 Such actions are those provided under Treas. Reg. sec. 301.7508A–1(c)(1)(iii), described
                                                                                above.
                                                                                   275 Sec. 4940(d)(1). Exempt operating foundations generally include organizations such as mu-
                                                                                seums or libraries that devote their assets to operating charitable programs but have difficulty
                                                                                meeting the ‘‘public support’’ tests necessary not to be classified as a private foundation. To be
                                                                                an exempt operating foundation, an organization must: (1) be an operating foundation (as de-
                                                                                fined in section 4942(j)(3)); (2) be publicly supported for at least 10 taxable years; (3) have a
                                                                                governing body no more than 25 percent of whom are disqualified persons and that is broadly




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                                                                                representative of the general public; and (4) have no officers who are disqualified persons. Sec.
                                                                                4940(d)(2).
                                                                                   276 Sec. 4942(g).
                                                                                   277 Sec. 4940(e).




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                                                                                   Private foundations are required to make a minimum amount of
                                                                                qualifying distributions each year to avoid tax under section 4942.
                                                                                The minimum amount of qualifying distributions a foundation has
                                                                                to make to avoid tax under section 4942 is reduced by the amount
                                                                                of section 4940 excise taxes paid.278
                                                                                                                    REASONS FOR CHANGE

                                                                                   Under the present-law, two-tier private foundation excise tax
                                                                                rate structure, a foundation must carefully manage the timing and
                                                                                amount of its grant making to minimize its excise tax burden.
                                                                                Compliance can be costly and consume resources that otherwise
                                                                                would have been used for grant making or other charitable activity.
                                                                                   In addition, to qualify for the lower, one-percent tax rate in a
                                                                                year, a foundation must ensure that its distributions for the year
                                                                                exceed a historical, average level of distributions. This structure
                                                                                creates an incentive for foundations to limit distributions in any
                                                                                one year, because a significant increase in distributions will raise
                                                                                the foundation’s average level of distributions, making it more dif-
                                                                                ficult to qualify for the reduced rate in future years. As a result,
                                                                                a foundation that might have been inclined to distribute an unusu-
                                                                                ally large amount in a time of public need, such as during the re-
                                                                                sponse to a natural disaster, has a disincentive to do so.
                                                                                   For these reasons, the Committee believes it is appropriate to re-
                                                                                place the present-law, two-tier private foundation excise tax rate
                                                                                structure with a simplified structure that uses a single tax rate of
                                                                                1.39 percent, the revenue-neutral rate.
                                                                                                                EXPLANATION OF PROVISION

                                                                                  The provision replaces the two rates of excise tax on tax-exempt
                                                                                private foundations with a single rate of tax of 1.39 percent. Thus,
                                                                                under the provision, a tax-exempt private foundation generally is
                                                                                subject to an excise tax of 1.39 percent on its net investment in-
                                                                                come. A taxable private foundation is subject to an excise tax equal
                                                                                to the excess (if any) of the sum of the 1.39-percent net investment
                                                                                income excise tax and the amount of the tax on unrelated business
                                                                                income (both calculated as if the foundation were tax-exempt), over
                                                                                the income tax imposed on the foundation. The provision repeals
                                                                                the special reduced excise tax rate for private foundations that ex-
                                                                                ceed their historical level of qualifying distributions.
                                                                                                                          EFFECTIVE DATE

                                                                                  The provision is effective for taxable years beginning after the
                                                                                date of enactment.
                                                                                9. ADDITIONAL LOW-INCOME HOUSING TAX CREDIT ALLOCATIONS FOR
                                                                                   QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER AREAS (SEC. 307 OF
                                                                                   THE BILL AND SEC. 42 OF THE CODE)

                                                                                                                           PRESENT LAW

                                                                                In general
                                                                                  The low-income housing tax credit may be claimed over a 10-year




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                                                                                period for the cost of building rental housing occupied by tenants
                                                                                     278 Sec. 4942(d)(2).




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                                                                                having incomes below specified levels. The amount of the credit for
                                                                                any taxable year in the credit period is the applicable percentage
                                                                                of the qualified basis of each qualified low-income building. The
                                                                                qualified basis of any qualified low-income building for any taxable
                                                                                year equals the applicable fraction of the eligible basis of the build-
                                                                                ing.
                                                                                  The credit percentage for newly constructed or substantially re-
                                                                                habilitated housing that is not Federally subsidized is adjusted
                                                                                monthly by the IRS so that the 10 annual installments of the credit
                                                                                have a present value of 70 percent of the total qualified basis. The
                                                                                credit percentage for newly constructed or substantially rehabili-
                                                                                tated housing that is Federally subsidized and for existing housing
                                                                                that is substantially rehabilitated is calculated to have a present
                                                                                value of 30 percent of qualified basis. These are referred to as the
                                                                                70-percent credit and 30-percent credit, respectively.
                                                                                Credit ceiling
                                                                                   Credits are first allocated from the Federal government to each
                                                                                State according to population, then allocated by each State to de-
                                                                                velopers according to State determined Qualified Allocation Plans
                                                                                (‘‘QAPs’’). QAPs must set forth selection criterion to be used to de-
                                                                                termine housing priorities; give preference to projects serving the
                                                                                lowest income tenants for the longest periods of time, and which
                                                                                are located in qualified census tracts that contribute to a concerted
                                                                                community revitalization plan; and provide a procedure for moni-
                                                                                toring noncompliance and notifying the IRS of any noncompli-
                                                                                ance.279
                                                                                   In addition to other requirements, a low-income housing credit is
                                                                                allowable only if the owner of a qualified building receives a hous-
                                                                                ing credit allocation from the State or local housing credit agency.
                                                                                The total amount of housing credits available for allocation by each
                                                                                State is limited by a ceiling. For determining the current-year
                                                                                State dollar amount of the ceiling in any calendar year, the greater
                                                                                of (1) $1.75 multiplied by the State population, or (2) $2,000,000 is
                                                                                taken into account, with both amounts indexed for inflation. For
                                                                                2019, the indexed amount is $2.76 per resident with a minimum
                                                                                annual cap of $3,166,875 for certain States with small popu-
                                                                                lations.280 These limits do not apply in the case of projects that
                                                                                also receive financing with proceeds of tax-exempt bonds issued
                                                                                subject to the private activity bond volume limit.
                                                                                Carryover allocation rule
                                                                                  A low-income housing credit is allowable only if the owner of a
                                                                                qualified building receives a housing credit allocation from the
                                                                                State or local housing credit agency. In general, the allocation must
                                                                                be made not later than the close of the calendar year in which the
                                                                                building is placed in service. One exception to this rule is a carry-
                                                                                over allocation. In the case of a carryover allocation, an allocation
                                                                                may be made to a building that has not yet been placed in service,
                                                                                provided that: (1) more than 10 percent of the taxpayer’s reason-
                                                                                ably expected basis in the project (as of the close of the second cal-
                                                                                endar year following the calendar year of the allocation) is incurred




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                                                                                     279 Sec. 42(m).
                                                                                  280 These amounts include a temporary increase enacted in the Consolidated Appropriations
                                                                                Act of 2018, Pub. L. No. 115–141.




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                                                                                as of the later of six months after the allocation is made or the end
                                                                                of the calendar year in which the allocation is made; and (2) the
                                                                                building is placed in service not later than the close of the second
                                                                                calendar year following the calendar year of the allocation.
                                                                                                                   REASONS FOR CHANGE

                                                                                   The Committee is concerned that many homes of low-income
                                                                                families were destroyed in the 2017 and 2018 wildfires in Cali-
                                                                                fornia. Therefore, the Committee wishes to promote the construc-
                                                                                tion or rehabilitation of affordable housing in affected areas of Cali-
                                                                                fornia by providing the state with additional low-income housing
                                                                                credits.
                                                                                                               EXPLANATION OF PROVISION

                                                                                   Under the provision, in calendar year 2019, the State housing
                                                                                credit ceiling is increased for California. The California credit ceil-
                                                                                ing is increased by the amount of the aggregate housing credits al-
                                                                                located by the State housing credit agencies of California for 2019
                                                                                to buildings located in qualified 2017 and 2018 California disaster
                                                                                areas,281 up to the average amount of the State’s housing credit
                                                                                ceiling in 2017 and 2018.282
                                                                                   The provision also specifies that allocations are treated as made
                                                                                first from these additional amounts for purposes of determining the
                                                                                unused State housing credit ceiling to be carried over in a calendar
                                                                                year.
                                                                                                                         EFFECTIVE DATE

                                                                                     The provision is effective upon enactment.
                                                                                     10. TREATMENT OF CERTAIN POSSESSIONS (SEC. 308 OF THE BILL)

                                                                                                                          PRESENT LAW

                                                                                   Citizens of the United States are generally subject to Federal in-
                                                                                come tax on their worldwide income, including those citizens in the
                                                                                U.S. possessions or territories. Residents of the U.S. possessions
                                                                                are generally subject to the Federal income tax system based on
                                                                                their status as U.S. citizens or residence in the possessions, with
                                                                                certain special rules for determining residence and source of in-
                                                                                come specific to the possession. Broadly, a bona fide individual resi-
                                                                                dent of a possession is exempt from U.S. tax on income derived
                                                                                from sources within that possession but is subject to U.S. tax on
                                                                                U.S.-source and non-possession-source income.283
                                                                                   The application of the Federal tax rules to the possessions varies
                                                                                from one possession to another. Three possessions, Guam, the
                                                                                Northern Mariana Islands, and the U.S. Virgin Islands, are re-
                                                                                ferred to as mirror Code possessions because the Code serves as
                                                                                the internal tax law of those possessions (substituting the par-
                                                                                ticular possessions for the United States wherever the Code refers
                                                                                to the United States). A resident of one of those possessions gen-
                                                                                  281 Qualified 2017 and 2018 California disaster areas are those which are determined by the
                                                                                President to warrant assistance from the Federal government under the Stafford Act by reason
                                                                                of a disaster which begins or ends in calendar year 2017 or 2018, as specified by the Federal




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                                                                                Emergency Management Agency.
                                                                                  282 This average amount is 50% of the sum of the State housing credit ceiling for California
                                                                                for calendar years 2017 and 2018.
                                                                                  283 See secs. 932, 933, and 937.




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                                                                                erally files a single tax return only with the possession of which
                                                                                the individual is a resident, and not with the United States. Amer-
                                                                                ican Samoa and Puerto Rico, by contrast, are non-mirror Code pos-
                                                                                sessions. These two possessions have their own internal tax laws,
                                                                                and a resident of either American Samoa or Puerto Rico may be re-
                                                                                quired to file income tax returns with both the possessions of resi-
                                                                                dence and the United States.
                                                                                                                                            REASONS FOR CHANGE

                                                                                   The Committee recognizes the importance of providing funding to
                                                                                all of the possessions, the citizens of which are U.S. citizens or na-
                                                                                tionals, in order to assist in disaster recovery.
                                                                                                                                   EXPLANATION OF PROVISION

                                                                                  The provision requires the Secretary to make a payment to the
                                                                                mirror Code possessions in an amount equal to the loss in revenue
                                                                                by reason of the temporary disaster-related tax relief allowable by
                                                                                reason of Title III of the bill to residents of such possessions
                                                                                against their income tax. This amount will be determined by the
                                                                                Secretary based on information provided by the governments of the
                                                                                respective possessions.
                                                                                  The provision requires the Secretary to make a payment to the
                                                                                non-mirror Code possessions in an amount estimated by the Sec-
                                                                                retary as the aggregate benefits (if any) of the temporary disaster-
                                                                                related tax relief that would have been provided to residents of
                                                                                such possessions if a mirror code tax system had been in effect in
                                                                                such possession. Accordingly, the amount of each payment to a
                                                                                non-mirror Code possession will be an estimate of the aggregate
                                                                                benefit that would be allowed to the possession’s residents if the
                                                                                temporary tax relief provided by Title III of the bill to U.S. resi-
                                                                                dents were provided by the possession to its residents. This pay-
                                                                                ment will not be made unless the possession has a plan that has
                                                                                been approved by the Secretary under which the possession will
                                                                                promptly distribute the payments to its residents.
                                                                                                                                                 EFFECTIVE DATE

                                                                                     The provision is effective on the date of enactment.
                                                                                                                       III. VOTES OF THE COMMITTEE
                                                                                   Pursuant to clause 3(b) of rule XIII of the Rules of the House of
                                                                                Representatives, the following statement is made concerning the
                                                                                vote of the Committee on Ways and Means in its consideration of
                                                                                H.R. 3301, the ‘‘Taxpayer Certainty and Disaster Tax Relief Act of
                                                                                2019,’’ on June 20, 2019.
                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Schweikert, which would make perma-
                                                                                nent the current individual tax rates, was defeated by a roll call
                                                                                vote of 16 yeas to 24 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay      Present                      Representative                    Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........    X       .............    Mr. Brady .................................      X         .........   .............




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Mr. Lewis ..................................    .........    X       .............    Mr. Nunes .................................   .........    .........   .............
                                                                                Mr. Doggett ...............................     .........    X       .............    Mr. Buchanan ..........................          X         .........   .............
                                                                                Mr. Thompson ...........................        .........    X       .............    Mr. Smith .................................      X         .........   .............
                                                                                Mr. Larson .................................    .........    X       .............    Mr. Marchant ...........................         X         .........   .............




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                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Blumenauer ........................         .........   .........   .............    Mr. Reed ...................................      X          .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................     X          .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................        X          .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................       X          .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................     X          .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................          X          .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................        X          .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................          X          .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................         X          .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................        X          .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................         X          .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................      X          .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........      X        .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Smith of Missouri, which would make
                                                                                permanent the increased child tax credit, was defeated by a roll
                                                                                call vote of 16 yeas to 24 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................            X         .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................           X         .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................       X         .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................      X         .........   .............
                                                                                Mr. Pascrell ...............................    .........   .........   .............    Mr. Holding ..............................         X         .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........      X        .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Marchant, which would permanently
                                                                                lower the threshold for an itemized medical expense deduction from
                                                                                10 percent of adjusted gross income to 7.5 percent, was defeated by
                                                                                a roll call vote of 16 yeas to 25 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Mr. Neal ....................................   .........     X         .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........     X         .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........     X         .............    Mr. Buchanan ..........................            X         .........   .............




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                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Thompson ...........................        .........     X         .............    Mr. Smith .................................       X          .........   .............
                                                                                Mr. Larson .................................    .........     X         .............    Mr. Marchant ...........................          X          .........   .............
                                                                                Mr. Blumenauer ........................         .........     X         .............    Mr. Reed ...................................      X          .........   .............
                                                                                Mr. Kind ....................................   .........     X         .............    Mr. Kelly ...................................     X          .........   .............
                                                                                Mr. Pascrell ...............................    .........     X         .............    Mr. Holding ..............................        X          .........   .............
                                                                                Mr. Davis ..................................    .........     X         .............    Mr. Smith .................................       X          .........   .............
                                                                                Ms. Sanchez ..............................      .........     X         .............    Mr. Rice ....................................     X          .........   .............
                                                                                Mr. Higgins ...............................     .........     X         .............    Mr. Schweikert .........................          X          .........   .............
                                                                                Ms. Sewell .................................    .........     X         .............    Ms. Walorski .............................        X          .........   .............
                                                                                Ms. DelBene ..............................      .........     X         .............    Mr. LaHood (IL) ........................          X          .........   .............
                                                                                Ms. Chu (CA) ............................       .........     X         .............    Mr. Wenstrup ............................         X          .........   .............
                                                                                Ms. Moore .................................     .........     X         .............    Mr. Arrington ............................        X          .........   .............
                                                                                Mr. Kildee ..................................   .........     X         .............    Mr. Ferguson ............................         X          .........   .............
                                                                                Mr. Boyle ...................................   .........     X         .............    Mr. Estes ..................................      X          .........   .............
                                                                                Mr. Beyer ...................................   .........     X         .............
                                                                                Mr. Evans ..................................    .........     X         .............
                                                                                Mr. Schneider ............................      .........     X         .............
                                                                                Mr. Suozzi .................................    .........     X         .............
                                                                                Mr. Panetta ...............................     .........     X         .............
                                                                                Ms. Murphy ...............................      .........     X         .............
                                                                                Mr. Gomez .................................     .........     X         .............
                                                                                Mr. Horsford ..............................     .........     X         .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Reed, which would make permanent the
                                                                                family and medical leave tax credit, was defeated by a roll call vote
                                                                                of 17 yeas to 23 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................            X         .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................           X         .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................       X         .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................      X         .........   .............
                                                                                Mr. Pascrell ...............................       X        .........   .............    Mr. Holding ..............................         X         .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Rice, which would make permanent in-
                                                                                creased standard deduction, was defeated by a roll call vote of 16
                                                                                yeas to 24 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Mr. Neal ....................................   .........     X         .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........     X         .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........     X         .............    Mr. Buchanan ..........................            X         .........   .............




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                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................       X          .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................          X          .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................      X          .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................     X          .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................        X          .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................       X          .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................     X          .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................          X          .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................        X          .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................          X          .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................         X          .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................        X          .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................         X          .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................      X          .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Estes, which would make permanent the
                                                                                railroad maintenance tax credit at 30% (instead of 50%) of eligible
                                                                                expenses, was withdrawn.
                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Smith of Nebraska, which would extend
                                                                                and phase out certain biodiesel and renewable diesel tax provi-
                                                                                sions, was withdrawn.
                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Estes, which would make permanent the
                                                                                tax treatment of certain income earned by controlled foreign cor-
                                                                                porations, was defeated by a roll call vote of 16 yeas to 22 nays.
                                                                                The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................            X         .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................           X         .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................       X         .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................      X         .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................         X         .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........   .........   .............
                                                                                Mr. Panetta ...............................     .........      X        .............




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Ms. Murphy ...............................      .........   .........   .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............




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                                                                                                                                                                 108

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Walorski, which would permanently re-
                                                                                peal the 2.3 percent excise tax on medical devices, was defeated by
                                                                                a roll call vote of 16 yeas to 22 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................            X         .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................           X         .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................       X         .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................      X         .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................         X         .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........   .........   .............
                                                                                Mr. Panetta ...............................     .........      X        .............
                                                                                Ms. Murphy ...............................      .........   .........   .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Kelly, which would permanently repeal
                                                                                the 40 percent excise tax on high-cost employer-sponsored health
                                                                                coverage, was defeated by a roll call vote of 16 yeas to 23 nays. The
                                                                                vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................        X         .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................            X         .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................        .........    .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................       X         .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................      X         .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................         X         .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........   .........   .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............




                                          VerDate Sep 11 2014   05:15 Jan 27, 2020    Jkt 039389            PO 00000            Frm 00116           Fmt 6659            Sfmt 6602          E:\HR\OC\HR379.XXX                        HR379
                                                                                                                                                                 109

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Holding was ruled nongermane. Mr.
                                                                                Holding moved to appeal the ruling of the Chair. A motion was
                                                                                made by Representative Thompson to table the appeal of the ruling
                                                                                of the Chair. The motion passed by a roll call vote of 23 yeas to
                                                                                16 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................      X        .........   .............    Mr. Brady .................................     .........       X        .............
                                                                                Mr. Lewis ..................................       X        .........   .............    Mr. Nunes .................................     .........       X        .............
                                                                                Mr. Doggett ...............................        X        .........   .............    Mr. Buchanan ..........................         .........       X        .............
                                                                                Mr. Thompson ...........................           X        .........   .............    Mr. Smith .................................     .........       X        .............
                                                                                Mr. Larson .................................       X        .........   .............    Mr. Marchant ...........................        .........    .........   .............
                                                                                Mr. Blumenauer ........................            X        .........   .............    Mr. Reed ...................................    .........       X        .............
                                                                                Mr. Kind ....................................      X        .........   .............    Mr. Kelly ...................................   .........       X        .............
                                                                                Mr. Pascrell ...............................       X        .........   .............    Mr. Holding ..............................      .........       X        .............
                                                                                Mr. Davis ..................................       X        .........   .............    Mr. Smith .................................     .........       X        .............
                                                                                Ms. Sanchez ..............................         X        .........   .............    Mr. Rice ....................................   .........       X        .............
                                                                                Mr. Higgins ...............................        X        .........   .............    Mr. Schweikert .........................        .........       X        .............
                                                                                Ms. Sewell .................................       X        .........   .............    Ms. Walorski .............................      .........       X        .............
                                                                                Ms. DelBene ..............................         X        .........   .............    Mr. LaHood (IL) ........................        .........       X        .............
                                                                                Ms. Chu (CA) ............................          X        .........   .............    Mr. Wenstrup ............................       .........       X        .............
                                                                                Ms. Moore .................................     .........   .........   .............    Mr. Arrington ............................      .........       X        .............
                                                                                Mr. Kildee ..................................      X        .........   .............    Mr. Ferguson ............................       .........       X        .............
                                                                                Mr. Boyle ...................................      X        .........   .............    Mr. Estes ..................................    .........       X        .............
                                                                                Mr. Beyer ...................................      X        .........   .............
                                                                                Mr. Evans ..................................       X        .........   .............
                                                                                Mr. Schneider ............................         X        .........   .............
                                                                                Mr. Suozzi .................................       X        .........   .............
                                                                                Mr. Panetta ...............................        X        .........   .............
                                                                                Ms. Murphy ...............................         X        .........   .............
                                                                                Mr. Gomez .................................        X        .........   .............
                                                                                Mr. Horsford ..............................     .........   .........   .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Nunes, which would make permanent
                                                                                the 100% expensing, was defeated by a roll call vote of 17 yeas to
                                                                                23 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................       X          .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................       X          .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................           X          .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................       X          .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................          X          .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................      X          .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................     X          .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................        X          .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................       X          .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................     X          .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................          X          .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................        X          .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................          X          .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................         X          .........   .............
                                                                                Ms. Moore .................................     .........   .........   .............    Mr. Arrington ............................        X          .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................         X          .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................      X          .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............




                                          VerDate Sep 11 2014   05:15 Jan 27, 2020    Jkt 039389            PO 00000            Frm 00117           Fmt 6659            Sfmt 6602          E:\HR\OC\HR379.XXX                        HR379
                                                                                                                                                                 110

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Schweikert, which would make certain
                                                                                technical corrections to legislation enacted in 2017, was defeated by
                                                                                a roll call vote of 17 yeas to 24 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................       X          .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................       X          .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................           X          .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................       X          .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................          X          .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................      X          .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................     X          .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................        X          .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................       X          .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................     X          .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................          X          .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................        X          .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................          X          .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................         X          .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................        X          .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................         X          .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................      X          .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Ferguson was ruled nongermane. Mr.
                                                                                Ferguson moved to appeal the ruling of the Chair and Mr. Thomp-
                                                                                son moved to table the appeal. The motion to table the appeal
                                                                                passed by a roll call vote of 24 yeas to 16 nays. The vote was as
                                                                                follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................      X        .........   .............    Mr. Brady .................................     .........       X        .............
                                                                                Mr. Lewis ..................................       X        .........   .............    Mr. Nunes .................................     .........       X        .............
                                                                                Mr. Doggett ...............................        X        .........   .............    Mr. Buchanan ..........................         .........       X        .............
                                                                                Mr. Thompson ...........................           X        .........   .............    Mr. Smith .................................     .........       X        .............
                                                                                Mr. Larson .................................       X        .........   .............    Mr. Marchant ...........................        .........       X        .............
                                                                                Mr. Blumenauer ........................            X        .........   .............    Mr. Reed ...................................    .........    .........   .............
                                                                                Mr. Kind ....................................      X        .........   .............    Mr. Kelly ...................................   .........       X        .............
                                                                                Mr. Pascrell ...............................       X        .........   .............    Mr. Holding ..............................      .........       X        .............
                                                                                Mr. Davis ..................................       X        .........   .............    Mr. Smith .................................     .........       X        .............
                                                                                Ms. Sanchez ..............................         X        .........   .............    Mr. Rice ....................................   .........       X        .............
                                                                                Mr. Higgins ...............................        X        .........   .............    Mr. Schweikert .........................        .........       X        .............
                                                                                Ms. Sewell .................................       X        .........   .............    Ms. Walorski .............................      .........       X        .............
                                                                                Ms. DelBene ..............................         X        .........   .............    Mr. LaHood (IL) ........................        .........       X        .............
                                                                                Ms. Chu (CA) ............................          X        .........   .............    Mr. Wenstrup ............................       .........       X        .............
                                                                                Ms. Moore .................................        X        .........   .............    Mr. Arrington ............................      .........       X        .............
                                                                                Mr. Kildee ..................................      X        .........   .............    Mr. Ferguson ............................       .........       X        .............
                                                                                Mr. Boyle ...................................      X        .........   .............    Mr. Estes ..................................    .........       X        .............
                                                                                Mr. Beyer ...................................      X        .........   .............
                                                                                Mr. Evans ..................................       X        .........   .............
                                                                                Mr. Schneider ............................         X        .........   .............
                                                                                Mr. Suozzi .................................       X        .........   .............
                                                                                Mr. Panetta ...............................        X        .........   .............




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Ms. Murphy ...............................         X        .........   .............
                                                                                Mr. Gomez .................................        X        .........   .............
                                                                                Mr. Horsford ..............................     .........   .........   .............




                                          VerDate Sep 11 2014   05:15 Jan 27, 2020    Jkt 039389            PO 00000            Frm 00118           Fmt 6659            Sfmt 6602          E:\HR\OC\HR379.XXX                        HR379
                                                                                                                                                                 111

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Smith of Missouri, which would make
                                                                                certain expenses eligible under section 529, was defeated by a roll
                                                                                call vote of 16 yeas to 24 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................            X         .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................           X         .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................       X         .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................      X         .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................         X         .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Smith of Missouri, which would prevent
                                                                                an increase in the death tax, was defeated by a roll call vote of 16
                                                                                yeas to 24 nays. The vote was as follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................   .........      X        .............    Mr. Brady .................................        X         .........   .............
                                                                                Mr. Lewis ..................................    .........      X        .............    Mr. Nunes .................................     .........    .........   .............
                                                                                Mr. Doggett ...............................     .........      X        .............    Mr. Buchanan ..........................            X         .........   .............
                                                                                Mr. Thompson ...........................        .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Mr. Larson .................................    .........      X        .............    Mr. Marchant ...........................           X         .........   .............
                                                                                Mr. Blumenauer ........................         .........      X        .............    Mr. Reed ...................................       X         .........   .............
                                                                                Mr. Kind ....................................   .........      X        .............    Mr. Kelly ...................................      X         .........   .............
                                                                                Mr. Pascrell ...............................    .........      X        .............    Mr. Holding ..............................         X         .........   .............
                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sanchez ..............................      .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X        .............
                                                                                Mr. Evans ..................................    .........      X        .............
                                                                                Mr. Schneider ............................      .........      X        .............
                                                                                Mr. Suozzi .................................    .........      X        .............
                                                                                Mr. Panetta ...............................     .........      X        .............




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Ms. Murphy ...............................      .........      X        .............
                                                                                Mr. Gomez .................................     .........      X        .............
                                                                                Mr. Horsford ..............................     .........   .........   .............




                                          VerDate Sep 11 2014   05:15 Jan 27, 2020    Jkt 039389            PO 00000            Frm 00119           Fmt 6659            Sfmt 6602          E:\HR\OC\HR379.XXX                        HR379
                                                                                                                                                             112

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Rice, which would modify the low-income
                                                                                housing credit allocation for certain disaster areas, was defeated by
                                                                                a roll call vote of 17 yeas to 25 nays. The vote was as follows:
                                                                                             Representative                      Yea        Nay      Present                      Representative                     Yea     Nay        Present

                                                                                Mr. Neal ....................................   .........   X       .............    Mr. Brady .................................     X      .........   .............
                                                                                Mr. Lewis ..................................    .........   X       .............    Mr. Nunes .................................     X      .........   .............
                                                                                Mr. Doggett ...............................     .........   X       .............    Mr. Buchanan ..........................         X      .........   .............
                                                                                Mr. Thompson ...........................        .........   X       .............    Mr. Smith .................................     X      .........   .............
                                                                                Mr. Larson .................................    .........   X       .............    Mr. Marchant ...........................        X      .........   .............
                                                                                Mr. Blumenauer ........................         .........   X       .............    Mr. Reed ...................................    X      .........   .............
                                                                                Mr. Kind ....................................   .........   X       .............    Mr. Kelly ...................................   X      .........   .............
                                                                                Mr. Pascrell ...............................    .........   X       .............    Mr. Holding ..............................      X      .........   .............
                                                                                Mr. Davis ..................................    .........   X       .............    Mr. Smith .................................     X      .........   .............
                                                                                Ms. Sanchez ..............................      .........   X       .............    Mr. Rice ....................................   X      .........   .............
                                                                                Mr. Higgins ...............................     .........   X       .............    Mr. Schweikert .........................        X      .........   .............
                                                                                Ms. Sewell .................................    .........   X       .............    Ms. Walorski .............................      X      .........   .............
                                                                                Ms. DelBene ..............................      .........   X       .............    Mr. LaHood (IL) ........................        X      .........   .............
                                                                                Ms. Chu (CA) ............................       .........   X       .............    Mr. Wenstrup ............................       X      .........   .............
                                                                                Ms. Moore .................................     .........   X       .............    Mr. Arrington ............................      X      .........   .............
                                                                                Mr. Kildee ..................................   .........   X       .............    Mr. Ferguson ............................       X      .........   .............
                                                                                Mr. Boyle ...................................   .........   X       .............    Mr. Estes ..................................    X      .........   .............
                                                                                Mr. Beyer ...................................   .........   X       .............
                                                                                Mr. Evans ..................................    .........   X       .............
                                                                                Mr. Schneider ............................      .........   X       .............
                                                                                Mr. Suozzi .................................    .........   X       .............
                                                                                Mr. Panetta ...............................     .........   X       .............
                                                                                Ms. Murphy ...............................      .........   X       .............
                                                                                Mr. Gomez .................................     .........   X       .............
                                                                                Mr. Horsford ..............................     .........   X       .............

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Doggett, which would strike the produc-
                                                                                tion credit for Indian coal facilities, passed by a voice vote (with a
                                                                                quorum being present).
                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Brady, which would clarify the alter-
                                                                                native fuel mixture tax credit without a retroactive tax increase,
                                                                                failed by a voice vote (with a quorum being present).
                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Wenstrup, which would make permanent
                                                                                the modernization of the taxation of craft beverages, was with-
                                                                                drawn.
                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Schweikert, which would provide tax in-
                                                                                centives for certain energy-producing activities, was withdrawn.
                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Brady, which would modify the discharge
                                                                                of acquisition indebtedness not includible in gross income, was de-
                                                                                feated by a roll call vote of 17 yeas to 25 nays. The vote was as
                                                                                follows:
                                                                                             Representative                      Yea        Nay      Present                      Representative                     Yea     Nay        Present

                                                                                Mr. Neal ....................................   .........   X       .............    Mr. Brady .................................     X      .........   .............
                                                                                Mr. Lewis ..................................    .........   X       .............    Mr. Nunes .................................     X      .........   .............
                                                                                Mr. Doggett ...............................     .........   X       .............    Mr. Buchanan ..........................         X      .........   .............
                                                                                Mr. Thompson ...........................        .........   X       .............    Mr. Smith .................................     X      .........   .............




SSpencer on DSKBBXCHB2PROD with REPORTS
                                                                                Mr. Larson .................................    .........   X       .............    Mr. Marchant ...........................        X      .........   .............
                                                                                Mr. Blumenauer ........................         .........   X       .............    Mr. Reed ...................................    X      .........   .............
                                                                                Mr. Kind ....................................   .........   X       .............    Mr. Kelly ...................................   X      .........   .............
                                                                                Mr. Pascrell ...............................    .........   X       .............    Mr. Holding ..............................      X      .........   .............




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                                                                                                                                                                 113
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Davis ..................................    .........      X        .............    Mr. Smith .................................        X         .........   .............
                                                                                Ms. Sánchez ..............................     .........      X        .............    Mr. Rice ....................................      X         .........   .............
                                                                                Mr. Higgins ...............................     .........      X        .............    Mr. Schweikert .........................           X         .........   .............
                                                                                Ms. Sewell .................................    .........      X        .............    Ms. Walorski .............................         X         .........   .............
                                                                                Ms. DelBene ..............................      .........      X        .............    Mr. LaHood (IL) ........................           X         .........   .............
                                                                                Ms. Chu (CA) ............................       .........      X        .............    Mr. Wenstrup ............................          X         .........   .............
                                                                                Ms. Moore .................................     .........      X        .............    Mr. Arrington ............................         X         .........   .............
                                                                                Mr. Kildee ..................................   .........      X        .............    Mr. Ferguson ............................          X         .........   .............
                                                                                Mr. Boyle ...................................   .........      X        .............    Mr. Estes ..................................       X         .........   .............
                                                                                Mr. Beyer ...................................   .........      X
                                                                                Mr. Evans ..................................    .........      X
                                                                                Mr. Schneider ............................      .........      X
                                                                                Mr. Suozzi .................................    .........      X
                                                                                Mr. Panetta ...............................     .........      X
                                                                                Ms. Murphy ...............................      .........      X
                                                                                Mr. Gomez .................................     .........      X
                                                                                Mr. Horsford ..............................     .........      X        .............    .

                                                                                   An amendment to the amendment in the nature of a substitute
                                                                                offered by Representative Smith of Nebraska, which would strike
                                                                                the extension of the wind energy production tax credit, was with-
                                                                                drawn.
                                                                                   The Chairman’s Amendment to the amendment in the nature of
                                                                                a substitute as amended was agreed to by voice vote (with a
                                                                                quorum being present).
                                                                                   H.R. 3301 was ordered favorably reported to the House of Rep-
                                                                                resentatives as amended by an amendment in the nature of a sub-
                                                                                stitute by a roll call vote of 25 yeas to 17 nays. The vote was as
                                                                                follows:
                                                                                             Representative                      Yea         Nay        Present                       Representative                      Yea          Nay        Present

                                                                                Mr. Neal ....................................     X         .........   .............    Mr. Brady .................................     .........      X         .............
                                                                                Mr. Lewis ..................................      X         .........   .............    Mr. Nunes .................................     .........      X         .............
                                                                                Mr. Doggett ...............................       X         .........   .............    Mr. Buchanan ..........................         .........      X         .............
                                                                                Mr. Thompson ...........................          X         .........   .............    Mr. Smith .................................     .........      X         .............
                                                                                Mr. Larson .................................      X         .........   .............    Mr. Marchant ...........................        .........      X         .............
                                                                                Mr. Blumenauer ........................           X         .........   .............    Mr. Reed ...................................    .........      X         .............
                                                                                Mr. Kind ....................................     X         .........   .............    Mr. Kelly ...................................   .........      X         .............
                                                                                Mr. Pascrell ...............................      X         .........   .............    Mr. Holding ..............................      .........      X         .............
                                                                                Mr. Davis ..................................      X         .........   .............    Mr. Smith (MO) ........................         .........      X         .............
                                                                                Ms. Sánchez ..............................       X         .........   .............    Mr. Rice ....................................   .........      X         .............
                                                                                Mr. Higgins ...............................       X         .........   .............    Mr. Schweikert .........................        .........      X         .............
                                                                                Ms. Sewell .................................      X         .........   .............    Ms. Walorski .............................      .........      X         .............
                                                                                Ms. DelBene ..............................        X         .........   .............    Mr. LaHood ...............................      .........      X         .............
                                                                                Ms. Chu ....................................      X         .........   .............    Mr. Wenstrup ............................       .........      X         .............
                                                                                Ms. Moore .................................       X         .........   .............    Mr. Arrington ............................      .........      X         .............
                                                                                Mr. Kildee ..................................     X         .........   .............    Mr. Ferguson ............................       .........      X         .............
                                                                                Mr. Boyle ...................................     X         .........   .............    Mr. Estes ..................................    .........      X         .............
                                                                                Mr. Beyer ...................................     X         .........
                                                                                Mr. Evans ..................................      X         .........   .............
                                                                                Mr. Schneider ............................        X         .........   .............
                                                                                Mr. Suozzi .................................      X         .........   .............
                                                                                Mr. Panetta ...............................       X         .........   .............
                                                                                Ms. Murphy ...............................        X         .........   .............
                                                                                Mr. Gomez .................................       X         .........   .............




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                                                                                Mr. Horsford ..............................       X         .........   .............




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                                                                                                    IV. BUDGET EFFECTS OF THE BILL
                                                                                              A. COMMITTEE ESTIMATE OF BUDGETARY EFFECTS
                                                                                  In compliance with clause 3(d) of rule XIII of the Rules of the
                                                                                House of Representatives, the following statement is made con-
                                                                                cerning the effects on the budget of the bill.
                                                                                  The bill is estimated to decrease Federal fiscal year budget re-
                                                                                ceipts by $4.894 billion dollars for the period 2019 through 2029.




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