2006 FEDERAL TAX UPDATE
Andrew M. Butler, Esq., MBA, CPA
ChamberlainD’Amanda
1600 Crossroads Bldg
Two State Street
Rochester, NY 14614
(585) 232-3730
amb@cdlawyers.com
Lorene A. Pedro, CPA
James R. Dunn, CPA
Dunn & Pedro CPA’s, P.C.
229 Empire Blvd
Rochester, NY 14609
(585) 224-4020
cpa@DunnPedro.com
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2006 FEDERAL TAX UPDATE
Table of Contents
I. Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA)
A. Expensing & Amortization
B. Other Business Provisions
C. Capital Gains
D. Kiddie Tax
E. AMT
F. Offers-in-Compromise
G. Foreign Issues
H. Roth IRA
II. Heroes Earned Retirement Opportunities Act
A. IRA Contributions
III. Pension Protection Act of 2006
A. Overview
B. Title VIII - Pension Related Revenue Provisions
C. Title IX – Increase in Pension Plan Diversification and Participation
D. Title XII – Provisions Relating to Exempt Organizations
E. Title XIII – Other Provisions
F. Title XIV – Tariff Provisions
P. 4
P. 8
P. 8
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2006 FEDERAL TAX UPDATE
Table of Contents
IV. Other Federal Tax Related Issues
P. 13
A. Financial Services Regulatory Relief Act of 2006
B. Form 8898 Statement
C. Attributed Tip Income Program (ATIP)
D. STAR Local Property Tax Rebate
E. Long Distance Telephone Excise Tax
F. Home Building Energy Incentives – Revisited
G. Vehicle Credits
H. New Farmers Audit Technique Guide
I. New Form 944 Annual Employer Federal Tax Return
J. S Corporation Shareholder’s Health Insurance Deduction
K. IRS Announcement 2006-63
L. IRS Issues Final Regs on the Roth 401(k) Contributions - Reg Section 1.401
M. IRS Pub 4302
N. Watch for Tax News
V. 2006 Tax Notes
VI. Tax Increase Prevention and Reconciliation Act of 2005 (In Detail)
VII. Heroes Earned Retirement Opportunities Act (In Detail)
VIII. Pension Protection Act of 2006 (In Detail)
IX. 2006 Tax Case Briefs
P. 19
P. 20
P. 51
P. 53
Tax Case Pages
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2006 FEDERAL TAX UPDATE
I. TAX INCREASE PREVENTION AND RECONCILIATION ACT OF 2005
(TIPRA) HR 4297 Signed into law May 17, 2006 (even though a 2005 tax act)
A. Expensing & Amortization
1. Extension of First Year Increased Expensing Deduction
(TIPRA Title I, Sec. 101, IRC § 179)
The new law extends for 2 more years the increased §179 expensing limits. The
expense deduction under §179 was due to revert back to $25,000 in 2008. The
new law extends the $100,000 limit which will be indexed for inflation through
2010. For 2006, the §179 limit is $108,000.
2. Section 179 Revocation Election Extended
(TIPRA Title I, Sec. 101, IRC § 179)
Extended to tax years beginning before 2010 is the right to revoke or change the
section 179 election without IRS consent.
3. Computer Software – “Off the Shelf”
(TIPRA Title I, Sec. 101, IRC § 179)
Computer software expensing election is extended 2 years for tax years
beginning before January 1, 2010.
4. Musical compositions acquired or created
(TIPRA Title II, Sec. 207, IRC § 167)
Songwriters, composers, music publishers, performers, producers, and recording
companies who incur expenses to create applicable (those subject to the
depreciation under the income forecast method) musical works and copyrights
may now elect to amortize such costs over 5 years. The new law is applicable
for property placed in service during tax years beginning after 2005, and before
2011.
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B. Other Business Provisions
1. Domestic production deduction
(TIPRA, Title V, Sec. 514, IRC § 199)
TIPRA clarifies wages allocable to domestic production gross receipts. This of
course will mean more bookkeeping for employers regarding employees’ time.
The special limitations on pass-through entities’ owners have been changed for
tax years beginning after May 17th, 2006.
2. Corporate estimated tax payments
(TIPRA, Title IV, Sec. 401, IRC § 6655)
Estimated tax payment minimums have been increased for all corporations with
assets of at least $1 billion, effective May 17th, 2006.
C. Capital Gains
1. Extension of capital gains rates
(TIPRA, Title I, Sec. 102, IRC §§ 1, 55, 57, 163, 854, 857)
The current law relating to lower capital gain and dividend tax rates is extended
through December 31, 2010. The 5% rate becomes 0% in 2008 and will be
available through 2010. The 25% and 28% rates remain unchanged.
This bill also extends the taxation of qualified dividend income at capital gain
tax rates through 2010.
Further, the election to treat dividends as investment income, for investment
interest deduction purposes, has been extended through 2010.
2. Capital gain treatment for self-created musical works
(TIPRA, Title II, Sec. 204, IRC § 1221 and 170)
Sales, after May 17th, 2006 and before January 1, 2011, of musical compositions
or copyrights created by the taxpayer's personal efforts may be treated as the sale
or exchange of a capital asset.
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D. Kiddie Tax
1. Unearned income of minors
(TIPRA Title V, Sec. 510, IRC § 1)
Beginning in 2006, the kiddie tax applies to children under 18, unless the child is
married and files a joint return. An exception applies for distributions from
certain qualified disability trusts.
E. AMT
1. Alternative minimum tax (AMT) exemption increased
(TIPRA, Title III, Sec. 301, IRC § 55)
For 2006 only, AMT exemption amounts have been increased to the following:
Married couples filing jointly and qualifying widow - $62,550
Single and head of household taxpayers - $42,500
Married filing separately - $31,275
2. Nonrefundable credits
(TIPRA, Title III, Sec. 302, extending IRC § 26)
Nonrefundable personal credits (i.e. the education credit, dependent care credit,
credit for elderly and disabled, mortgage credit) will be allowed to offset AMT
as well as regular tax for one more year.
F. Offers-in-Compromise
1. Down payment requirement
(TIPRA, Title V, Sec. 509, IRC § 7122)
Changes have been made for Offers-in-Compromise to the IRS on or after July
16, 2006. A non refundable 20% down payment must be included with all offers
consisting of 5 or fewer payments (lump sum offers). The first installment
payment must be included with periodic payment offers. Installment payments
must be continued while the offer is being considered. If payments are
discontinued, the offer is considered to be withdrawn.
If the IRS does not reject an Offer within 24 months, it is deemed to be accepted.
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G. Foreign Issues
1. Foreign earned income exclusion
(TIPRA, Title V, Sec. 515, IRC § 911)
The 2006 maximum foreign income exclusion is $82,400, which has now been
indexed for inflation after 2005.
2. Foreign housing costs
(TIPRA, Title V, Sec. 515, IRC § 911)
The new law revises the formula for calculating the housing cost amount
applicable for exclusion. The base housing cost amount is $13,184 ($82,400 x
16%) for 2006.
Effective for taxable years beginning after December 31, 2005.
3. Foreign withholding
(TIPRA, Title I, Sec. 103, IRC §§ 953-954)
The 15% withholding rate on foreign taxpayers is extended through tax years
beginning before January 1, 2011 on gains from the disposition of United States
real property by US partnerships, trusts, or estates.
H. Roth IRA
1. Conversions and contributions to Roths
(TIPRA, Title V, Sec. 512, IRC § 408A)
For tax years beginning after 2009, the AGI limitation for Roth IRA conversions
is being removed. Taxable amounts from a 2010 conversion can be included in
income over a 2-tax-year period beginning in 2011.
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II. HEROES EARNED RETIREMENT OPPORTUNITIES ACT
“HEROES”
Signed into law Memorial Day, 2006
A. IRA Contributions
(IRC § 219)
Combat pay is now treated as earned income for the IRA calculation. Taxpayers
who received excludable combat pay for any tax year beginning after December 31,
2003, and ending before May 29, 2006, have three-years to make an IRA
contribution for that tax year and amend returns.
III. PENSION PROTECTION ACT OF 2006
H.R. 4 - Signed into law August 17, 2006
A. Overview
The Pension Protection Act consists of 14 Titles and is the first major legislation in
the pension area in more than 30 years. It took Congress over a year to write the 900
plus pages of this complex act. The act deals with strengthening traditional pension
plans by increasing funding requirements from 90% to 100% over a seven year
period. It also details new requirements regarding funding, educating, terminating,
and stabilizing the health of multi-employer, hybrid and traditional pension plans.
While these sections are important for those directly dealing with pension
administration, the technical complexities are beyond the scope of this text. Section
VIII of this outline lists all the titles and sections of the law. Further information can
be obtained at - http://thomas.loc.gov.
B. Title VIII - Pension Related Revenue Provisions
1. Rollovers to Roth IRAs
(PPA, Title VIII, Subtitle C, Section 824, IRC § 408A)
Beginning in 2008, Roth IRA conversions may be made directly from qualified
retirement plans, §403(b) annuities, and governmental §457 plans. These
conversions are subject to the Roth IRA rules applicable at the time of
conversion.
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2. Nonspouse Beneficiaries
(PPA, Title VIII, Subtitle C, Section 829, IRC § 402)
Beneficiaries may rollover inherited qualified plan distributions to his or her own
IRA beginning with distributions made after December 31, 2006. The required
minimum distribution rules that apply to inherited IRAs have not been changed.
Nonspouse beneficiaries are not required to take lump sum distributions and can
now defer the tax under the rules for inherited IRAs.
3. Saver’s Credit
(PPA, Title VIII, Sec. 812, § IRC 25B)
Effective August 17, 2006, the saver’s credit is made permanent. The credit
eligibility income limits will be indexed for inflation beginning in 2007. The
$2,000 limit on which the applicable percentage is applied will not be indexed.
4. Additional IRA Deductions
(PPA, Title VIII, Subtitle C, Section 831, §§ 25B and 219)
Effective for tax years beginning after December 31, 2006 and before January 1,
2010, §401(k) plan participants whose employer’s matching contributions are in
employer stock, may be allowed to make additional IRA contributions. An
employee is eligible if the employer is a debtor in bankruptcy with an indictment
or conviction related to the bankruptcy.
The additional contribution is equal to three times the amount of the allowable
IRA catch-up contributions.
5. Direct Deposit Refund
(PPA, Title VIII, Subtitle C, Section 830)
Tax refunds may be deposited directly into an IRA account for tax years
beginning after December 31, 2006.
The IRS expects to have a new Form 8888 available as early as next year. It
appears that this may allow taxpayers to deposit part or all of their 2006 refund
into a maximum of three separate accounts.
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6. Inflation Index
(PPA, Title VIII, Subtitle C, Section 833, IRC §§ 25A and 219)
Beginning in 2007, IRA contribution limits will be indexed for inflation,
rounded to the nearest multiple of $1,000.
7. Repeal of Economic Growth and Tax Relief Reconciliation Act of 2001
(PPA, Title VIII, Subtitle B)
The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA)
contained several provisions due to expire after 2010. Effective August 17,
2006, most of the EGTRRA's sunset provisions regarding pension plans and
IRAs are repealed.
C. Title IX - Increase in Pension Plan Diversification and Participation
(PPA, Title IX, Sec. 902, IRC § 401k)
1. Eligible Automatic Contribution Arrangement
Effective for plan years beginning after December 31, 2007.
Unless the participant specifically elects not to have such contributions made,
the participant is treated as having made the election to make contributions in
amounts equal to a uniform percentage of compensation provided under the plan.
If the participant has not made an investment election, contributions will be
invested in accordance with regulations prescribed by the Secretary of Labor
under section 404(c) (5) of the Employee Retirement Income Security Act of
1974.
D. Title XII - Provisions Relating to Exempt Organizations
1. Charitable Contributions
a. Qualified Charitable Contributions of IRA’s
(PPA, Title XII, Subsection A, Sec. 1201, IRC §§ 408)
For 2006 and 2007 ONLY: Taxpayers who have reached age 70½ are
allowed to make charitable contributions directly from their IRA and not be
subject to tax on the distribution.
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• Qualified IRA distributions will not be includible as income or deductible
as a charitable contribution.
• Charitable tax-free distributions from the IRA are limited to $100,000 per
taxpayer per year.
• Distribution must be made directly from the IRA trustee to the charitable
organization.
• The entire distribution from the IRA must qualify as charitable or none of
the IRA distribution is excludable from income.
• If the IRA consists of deductible and nondeductible contributions, the
distribution is treated as consisting of income first, up to the total amount
that would be includible in gross income.
• Qualified charitable distributions can be used to satisfy the IRA owner’s
required minimum distribution for the tax year.
• The exclusion applies to traditional and Roth IRAs but does not apply to
SEPs or SIMPLE IRAs.
2. Cash contributions recordkeeping
(PPA, Title XII, Subtitle B, Sec. 1217, IRC § 170)
No deduction is allowed for any contribution of cash, check, or other monetary
gift unless the donor maintains, as a record of such contribution, a bank record or
a written communication from the donee. This must show the name of the donee
organization, the date of the contribution, and the amount of the contribution,
regardless of the amount.
Effective for contributions made in tax years beginning after August 17, 2006.
3. Non-cash contributions
(PPA, Title XII, Subtitle B, Sec. 1216, IRC § 170)
In the case of an individual, partnership, or corporation, no deduction shall be
allowed for any contribution of clothing or a household item unless such item is
in good, used condition or better.
No deduction will be allowed for any contribution of clothing or a household
item which has minimal monetary value (socks and underwear).
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A deduction will be allowed for any contribution of a single item of clothing or a
household item for which a deduction of more than $500 is claimed, regardless
of the condition, if a qualified appraisal is attached to the tax return.
Effective for contributions made after August 17, 2006.
4. Donations of taxidermy property
(PPA, Title XII, Subtitle B, Sec. 1214, IRC § 170)
The charitable contribution basis of taxidermy property is limited to the cost of
the preparing, stuffing, and mounting such property.
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Effective for contributions made after July 25, 2006.
E. Title XIII - Other Provisions
(PPA, Title XIII, Sec. 1304, Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001)
1. Qualified Tuition Programs
The sunset provisions of EGTRRA shall not apply to section 402, relating to
modifications to qualified tuition programs. The benefits of the Section 529
plans are extended indefinitely.
F. Title XIV - Tariff Provisions
This Title of the new Act deals with the suspension of duties on several items,
shipper bonding privileges and miscellaneous trade provisions.
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IV. Other Federal Tax Related Issues
A. Financial Services Regulatory Relief Act of 2006
(S 2856, signed October 13, 2006)
CPA’s are now exempt from the annual privacy notice required by Section 503 of
the Gramm-Leach-Bliley Act
B. Form 8898 Statement for Individuals Who Begin or End Bona Fide Residence
in a US Possession
For tax years ending after January 31st, 2006, this new form must be used by each
taxpayer who either becomes or ceases to be a Bona Fide Resident of a US
Possession and has worldwide gross income of more than $75,000.
C. Attributed Tip Income Program (ATIP)
(Rev Proc 2006-30)
ATIP is a volunteer program made available by the IRS as a three year pilot program
beginning January 1, 2007. Employers may elect participation in the program by
checking the box on Form 8027.
Employers who have at least 20% of gross receipts from charges and at least 75% of
tipped employees agree to participate, may use a tip rate equal to the charged tip rate
minus 2%. No tip reporting is required by employees. The IRS agrees not to initiate
a §3121(q) tip examination during the participation period.
D. STAR Local Property Tax Rebate
NYS residents received rebate checks on personal residence local property taxes
during 2006. According to the New York State Department of Taxation and
Finance, taxpayers should reduce the real estate tax deduction on Schedule A by the
tax rebate for tax year 2006. Regardless if the taxpayer itemizes, the rebate is only
taxable if it is larger than the amount actually paid in school taxes for the 2006/2007
school year.
E. Long Distance Telephone Excise Tax
(Notice 2006-50, 2006-25 IRB, IR 2006-82)
The excise tax charged on long distance telephone service has been rescinded.
Taxpayers are eligible to receive a refund on all excise taxes billed to them after
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February 28, 2003 through July 31, 2006, including interest. The refund can be
claimed directly on the 2006 tax return forms 1040 or 1120.
A new form 8913 was released in October for businesses with over $25,000 in gross
receipts or others wishing to claim their actual expenses.
Personal taxpayers may claim a refund of $30-60, based on total exemptions,
without proof of the actual amount paid.
A new Form 1040EZ-T is being created for those who do not need to file a tax
return.
F. Home and Building Energy Incentives - Revisited
(HR-6 (2005) IRC § 25C & 45L)
1. Energy-efficient Home Improvements
a. Available for property placed in service after December 31, 2005 and before
January 1, 2008.
b. Credit only available for main residences.
c. Overall limit of $500 credit allowed.
d. Credit is not eligible for Carryover or Carryback.
e. Eligible property includes:
i.
ii.
iii.
iv.
v.
Windows (10% of cost - $200 limit)
Doors, Insulation, Metal Roofs (10% of cost, up to overall cap)
Main Circulating Fan ($50 limit)
Water Boiler, Furnace ($150 limit)
Energy Efficient Building Property, Heat pumps, Central Air, Oil Water
Heaters ($300 limit)
2. Solar and Fuel Cell Equipment Credit
a. Credit is available in addition to the $500 Energy Efficient Home
Improvement Credit.
b. Credit may be carried forward.
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c. Available credit is the sum of each item below:
i. Solar energy for electricity ($2,000 max - 30% of cost)
ii. Solar water heating ($2,000 max – 30% of cost)
iii. Qualified fuel cell (30% of costs up to $500 for each .5 kilowatt of
capacity)
d. Property must be placed in service after December 31, 2005 and before
January 1, 2008.
3. Deduction for Energy Efficient Commercial Buildings
(IRC § 179D)
a. Eligible property must be installed after December 31, 2005 and before
January 1, 2008.
b. Must be certified by a licensed contractor or a professional engineer.
c. Deduction of $1.80 per square foot if the energy costs are reduced 50% or
more in comparison to Standard 90.1-2001.
d. Deduction of $.60 per square foot if energy reduction is less than 50% but
more than 16-2/3% of the test.
e. Notice 2006-52
f. Eligible costs are those associated with the building envelope, interior
lighting systems, heating, cooling, ventilation, and hot water systems.
4. Homebuilders / Manufacturers Energy Credits
a. Must be used as a principal residence.
b. Building construction must be substantially completed after August 8, 2005.
c. Includes new construction, substantial reconstruction, or rehabilitation.
d. Must meet energy savings requirements – 50% less energy than a
comparable building and 1/5 must be related to envelope components.
e. Maximum $2,000 per home constructed.
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f. Manufactured homes can qualify for a $1,000 credit under certain conditions
(30% test).
G. Vehicle Credits
(IRC § 30B)
IRC §179A deduction has been replaced by 4 new credits. The credit qualification is
determined by the auto manufacturers. Credits only apply to new vehicles.
1. Advanced lean burn credit $400 - $2,400 based on fuel economy of
the vehicle.
2. Fuel cell motor vehicle credit $8,000 - $40,000 based on weight. An additional
amount of $1,000 - $4,000 is available for light trucks and passenger vehicles if
the fuel efficiency is more than 150% over the 2002 city fuel economy
standards.
3. Alternative fuel motor credit $5,000 - $40,000. The vehicle must only be
capable of operating on alternative fuel.
4. Hybrid vehicle credit up to $3,400 based on overall fuel economy.
H. A new Farmers audit technique guide was released under the Market segment
specialization program in July 2006.
I. New form 944 Annual Employer Federal Tax Return.
1. Effective calendar year 2006.
2. Required if total liability of federal payroll taxes is $1,000 or less and
you are notified to do so by IRS.
3. Not required if quarterly payroll reports are filed electronically
4. Due date is January 31st
J. S Corporation shareholder’s health insurance deduction
According to an IRS E-news headliner, an S Corporation shareholder’s health
insurance will be disallowed as an above the line deduction if it is not purchased in
the entity’s name. The IRS acknowledges that some states do not allow corporations
to purchase group health plans with only one participant. Nonetheless, the
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premiums paid by the corporation are includible in the shareholder’s W2, and only
deductible as an itemized deduction.
K. IRS Announcement 2006-63
The IRS is now using Private Collection Agencies. The Collection Agencies have 3
specific functions:
• Locating and contacting taxpayers
• Requesting payment in lump sum or by installment of 5 years or less
• Obtaining taxpayer financial information
L. IRS issues final regs on the Roth 401(k) contributions - Reg section 1.401
The final regs explain Roth IRAs options for 401(k) plans and include the following:
• Distributions will be subject to Code section 72 and there is no ordering rule.
• These accounts are subject to the required minimum distribution rules.
M. IRS Pub 4302
May 2006 IRS Pub 4302 states that charities in receipt of donated vehicles may
incur penalties for not providing written acknowledgement of the vehicle’s fair
market value to the donor within 30 days of sale. Penalties up to $5,000 may also be
imposed for fraudulently valuing the vehicle donation.
N. Watch for Tax News:
1. HR 5638 Permanent Estate Tax Relief Act of 2006
This Act will most likely repeal the Sunset provisions for the estate and
generation skipping taxes. These will be replaced by a unified credit against the
estate tax to an exclusion equivalent to $5,000,000 indexed to inflation. This bill
also addresses sale of timber, giving taxpayers a 60% basis.
2. HR 6065 Tax Free Health Savings Act of 2006
If passed this act will allow a deduction of premiums for high deductible health
plans above the line. It gives a credit for certain employment taxes paid with
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respect to premiums for high deductible health plans and contributions to health
savings accounts. It also gives a refundable credit for health insurance coverage
under high deductible health plans and increases contribution limits for health
savings accounts.
3. IRS Proposed Reg 1.162-4
This document contains proposed regulations that explain how section 263(a) of
the Internal Revenue Code applies to amounts paid to acquire, produce, or
improve tangible property. The proposed regulations clarify and expand the
standards in the current regulations under section 263(a), as well as provide
some bright-line tests (for example, a 12-month rule for acquisitions and a repair
allowance for improvements). The proposed regulations will affect all taxpayers
that acquire, produce, or improve tangible property.
If passed, taxpayers will be allowed to elect a new repair allowance method.
Eligible property would include real property subject to depreciation under code
section 168 used in a trade or business or held in the production of income.
Tangible, depreciable property would also be eligible.
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V. 2006 Tax Notes
• For tax year 2006, certain transportation workers allowed 75% of meal allowance
• Form 8912 tax credit (regular & AMT) on Clean Renewal Energy & Gulf bonds
• IR 2006-160 Relief for Buffalo snowstorm victims
• W-4s no longer required to be submitted to the IRS
• IRA Contributions for 2006 are $4,000 ($5000 if 50)
• 401K contributions for 2006 are $15,000 ($20,000 if 50)
• SIMPLE contributions for 2006 are $10,000 ($12,500 if 50)
• Itemized Deduction Phase Out reduced for 2006 (2/3 of prior limitation)
• Personal Exemption Phase Out reduced for 2006 (2/3 of prior limitation)
• As of tax year 2005, 6 month personal automatic extensions (good news?)
• Above the line Educator Deduction gone (for now)
• Above the line Tuition and Fees Deduction gone (for now)
• Optional Sales Tax Itemized Deduction gone
• Work Opportunity, Research & Development, Welfare to Work Credits expired
• IRS states 1098T not a valid record of tuition expenses
• Social Security Wage Base for 2007 is $97,500 ($94,200 in 2006)
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VI. Tax Increase Prevention and Reconciliation Act of 2005
(This section was copied from Thomas Library of Congress: http://thomas.loc.gov)
H.R.4297
Tax Increase Prevention and Reconciliation Act of 2005 (Enrolled as Agreed to or
Passed by Both House and Senate)
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the third day of January, two
thousand and six
An Act
To provide for reconciliation pursuant to section 201(b) of the concurrent resolution on the
budget for fiscal year 2006.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.
(a) Short Title- This Act may be cited as the `Tax Increase Prevention and
Reconciliation Act of 2005'.
(b) Amendment of 1986 Code- Except as otherwise expressly provided, whenever 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.
(c) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title, etc.
TITLE I--EXTENSION AND MODIFICATION OF CERTAIN PROVISIONS
Sec. 101. Increased expensing for small business.
Sec. 102. Capital gains and dividends rates.
Sec. 103. Controlled foreign corporations.
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TITLE II--OTHER PROVISIONS
Sec. 201. Clarification of taxation of certain settlement funds.
Sec. 202. Modification of active business definition under section 355.
Sec. 203. Veterans' mortgage bonds.
Sec. 204. Capital gains treatment for certain self-created musical works.
Sec. 205. Vessel tonnage limit.
Sec. 206. Modification of special arbitrage rule for certain funds.
Sec. 207. Amortization of expenses incurred in creating or acquiring music or music
copyrights.
Sec. 208. Modification of effective date of disregard of certain capital expenditures for
purposes of qualified small issue bonds.
Sec. 209. Modification of treatment of loans to qualified continuing care facilities.
TITLE III--ALTERNATIVE MINIMUM TAX RELIEF
Sec. 301. Increase in alternative minimum tax exemption amount for 2006.
Sec. 302. Allowance of nonrefundable personal credits against regular and alternative
minimum tax liability.
TITLE IV--CORPORATE ESTIMATED TAX PROVISIONS
Sec. 401. Time for payment of corporate estimated taxes.
TITLE V--REVENUE OFFSET PROVISIONS
Sec. 501. Application of earnings stripping rules to partners which are corporations.
Sec. 502. Reporting of interest on tax-exempt bonds.
Sec. 503. 5-year amortization of geological and geophysical expenditures for certain
major integrated oil companies.
Sec. 504. Application of FIRPTA to regulated investment companies.
Sec. 505. Treatment of distributions attributable to FIRPTA gains.
Sec. 506. Prevention of avoidance of tax on investments of foreign persons in United
States real property through wash sale transactions.
Sec. 507. Section 355 not to apply to distributions involving disqualified investment
companies.
Sec. 508. Loan and redemption requirements on pooled financing requirements.
Sec. 509. Partial payments required with submission of offers-in-compromise.
Sec. 510. Increase in age of minor children whose unearned income is taxed as if
parent's income.
Sec. 511. Imposition of withholding on certain payments made by government entities.
Sec. 512. Conversions to Roth IRAs.
Sec. 513. Repeal of FSC/ETI binding contract relief.
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Sec. 514. Only wages attributable to domestic production taken into account in
determining deduction for domestic production.
Sec. 515. Modification of exclusion for citizens living abroad.
Sec. 516. Tax involvement of accommodation parties in tax shelter transactions.
TITLE I--EXTENSION AND MODIFICATION OF CERTAIN PROVISIONS
SEC. 101. INCREASED EXPENSING FOR SMALL BUSINESS.
Subsections (b)(1), (b)(2), (b)(5), (c)(2), and (d)(1)(A)(ii) of section 179 (relating to
election to expense certain depreciable business assets) are each amended by striking
`2008' and inserting `2010'.
SEC. 102. CAPITAL GAINS AND DIVIDENDS RATES.
Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is
amended by striking `December 31, 2008' and inserting `December 31, 2010'.
SEC. 103. CONTROLLED FOREIGN CORPORATIONS.
(a) Subpart F Exception for Active Financing(1) EXEMPT INSURANCE INCOME- Paragraph (10) of section 953(e)
(relating to application) is amended-(A) by striking `January 1, 2007' and inserting `January 1, 2009', and
(B) by striking `December 31, 2006' and inserting `December 31, 2008'.
(2) EXCEPTION TO TREATMENT AS FOREIGN PERSONAL HOLDING
COMPANY INCOME- Paragraph (9) of section 954(h) (relating to application)
is amended by striking `January 1, 2007' and inserting `January 1, 2009'.
(b) Look-Through Treatment of Payments Between Related Controlled Foreign
Corporations Under the Foreign Personal Holding Company Rules(1) IN GENERAL- Subsection (c) of section 954 (relating to foreign personal
holding company income) is amended by adding at the end the following new
paragraph:
`(6) LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
CORPORATIONS`(A) IN GENERAL- For purposes of this subsection, dividends, interest,
rents, and royalties received or accrued from a controlled foreign corporation
which is a related person shall not be treated as foreign personal holding
company income to the extent attributable or properly allocable (determined
under rules similar to the rules of subparagraphs (C) and (D) of section
904(d)(3)) to income of the related person which is not subpart F income.
For purposes of this subparagraph, interest shall include factoring income
which is treated as income equivalent to interest for purposes of paragraph
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(1)(E). The Secretary shall prescribe such regulations as may be appropriate
to prevent the abuse of the purposes of this paragraph.
`(B) APPLICATION- Subparagraph (A) shall apply to taxable years of
foreign corporations beginning after December 31, 2005, and before January
1, 2009, and to taxable years of United States shareholders with or within
which such taxable years of foreign corporations end.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall apply to
taxable years of foreign corporations beginning after December 31, 2005, and to
taxable years of United States shareholders with or within which such taxable
years of foreign corporations end.
TITLE II--OTHER PROVISIONS
SEC. 201. CLARIFICATION OF TAXATION OF CERTAIN SETTLEMENT
FUNDS.
(a) In General- Subsection (g) of section 468B (relating to clarification of taxation of
certain funds) is amended to read as follows:
`(g) Clarification of Taxation of Certain Funds`(1) IN GENERAL- Except as provided in paragraph (2), nothing in any
provision of law shall be construed as providing that an escrow account,
settlement fund, or similar fund is not subject to current income tax. The
Secretary shall prescribe regulations providing for the taxation of any such
account or fund whether as a grantor trust or otherwise.
`(2) EXEMPTION FROM TAX FOR CERTAIN SETTLEMENT FUNDS- An
escrow account, settlement fund, or similar fund shall be treated as beneficially
owned by the United States and shall be exempt from taxation under this subtitle
if-`(A) it is established pursuant to a consent decree entered by a judge of a
United States District Court,
`(B) it is created for the receipt of settlement payments as directed by a
government entity for the sole purpose of resolving or satisfying one or more
claims asserting liability under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980,
`(C) the authority and control over the expenditure of funds therein
(including the expenditure of contributions thereto and any net earnings
thereon) is with such government entity, and
`(D) upon termination, any remaining funds will be disbursed to such
government entity for use in accordance with applicable law.
For purposes of this paragraph, the term `government entity' means the United
States, any State or political subdivision thereof, the District of Columbia, any
possession of the United States, and any agency or instrumentality of any of the
foregoing.
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`(3) TERMINATION- Paragraph (2) shall not apply to accounts and funds
established after December 31, 2010.'.
(b) Effective Date- The amendment made by subsection (a) shall apply to accounts
and funds established after the date of the enactment of this Act.
SEC. 202. MODIFICATION OF ACTIVE BUSINESS DEFINITION UNDER
SECTION 355.
Subsection (b) of section 355 (defining active conduct of a trade or business) is
amended by adding at the end the following new paragraph:
`(3) SPECIAL RULE RELATING TO ACTIVE BUSINESS REQUIREMENT`(A) IN GENERAL- In the case of any distribution made after the date of the
enactment of this paragraph and on or before December 31, 2010, a
corporation shall be treated as meeting the requirement of paragraph (2)(A) if
and only if such corporation is engaged in the active conduct of a trade or
business.
`(B) AFFILIATED GROUP RULE- For purposes of subparagraph (A), all
members of such corporation's separate affiliated group shall be treated as
one corporation. For purposes of the preceding sentence, a corporation's
separate affiliated group is the affiliated group which would be determined
under section 1504(a) if such corporation were the common parent and
section 1504(b) did not apply.
`(C) TRANSITION RULE- Subparagraph (A) shall not apply to any
distribution pursuant to a transaction which is-`(i) made pursuant to an agreement which was binding on the date of the
enactment of this paragraph and at all times thereafter,
`(ii) described in a ruling request submitted to the Internal Revenue
Service on or before such date, or
`(iii) described on or before such date in a public announcement or in a
filing with the Securities and Exchange Commission.
The preceding sentence shall not apply if the distributing corporation elects
not to have such sentence apply to distributions of such corporation. Any
such election, once made, shall be irrevocable.
`(D) SPECIAL RULE FOR CERTAIN PRE-ENACTMENT
DISTRIBUTIONS- For purposes of determining the continued qualification
under paragraph (2)(A) of distributions made on or before the date of the
enactment of this paragraph as a result of an acquisition, disposition, or other
restructuring after such date and on or before December 31, 2010, such
distribution shall be treated as made on the date of such acquisition,
disposition, or restructuring for purposes of applying subparagraphs (A)
through (C) of this paragraph.'.
SEC. 203. VETERANS' MORTGAGE BONDS.
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(a) Expansion of Definition of Veterans Eligible for State Home Loan Programs
Funded by Qualified Veterans' Mortgage Bonds(1) IN GENERAL- Paragraph (4) of section 143(l) (defining qualified veteran) is
amended to read as follows:
`(4) QUALIFIED VETERAN- For purposes of this subsection, the term
`qualified veteran' means-`(A) in the case of the States of Alaska, Oregon, and Wisconsin, any veteran`(i) who served on active duty, and
`(ii) who applied for the financing before the date 25 years after the last
date on which such veteran left active service, and
`(B) in the case of any other State, any veteran-`(i) who served on active duty at some time before January 1, 1977, and
`(ii) who applied for the financing before the later of-`(I) the date 30 years after the last date on which such veteran left
active service, or
`(II) January 31, 1985.'.
(2) EFFECTIVE DATE- The amendments made by this subsection shall apply
to bonds issued on or after the date of the enactment of this Act.
(b) Revision of State Veterans Limit(1) IN GENERAL- Subparagraph (B) of section 143(l)(3) (relating to volume
limitation) is amended-(A) by redesignating clauses (i) and (ii) as subclauses (I) and (II),
respectively, and moving such clauses 2 ems to the right,
(B) by amending the matter preceding subclause (I), as designated by
subparagraph (A), to read as follows:
`(B) STATE VETERANS LIMIT`(i) IN GENERAL- In the case of any State to which clause (ii) does not
apply, the State veterans limit for any calendar year is the amount equal
to--', and
(C) by adding at the end the following new clauses:
`(ii) ALASKA, OREGON, AND WISCONSIN- In the case of the
following States, the State veterans limit for any calendar year is the
amount equal to-`(I) $25,000,000 for the State of Alaska,
`(II) $25,000,000 for the State of Oregon, and
`(III) $25,000,000 for the State of Wisconsin.
`(iii) PHASEIN- In the case of calendar years beginning before 2010,
clause (ii) shall be applied by substituting for each of the dollar amounts
therein an amount equal to the applicable percentage of such dollar
amount. For purposes of the preceding sentence, the applicable
percentage shall be determined in accordance with the following table:
---------------------------------------------`For Calendar Year: Applicable percentage is:
----------------------------------------------
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2006 20 percent
2007 40 percent
2008 60 percent
2009 80 percent.
---------------------------------------------`(iv) TERMINATION- The State veterans limit for the States specified in
clause (ii) for any calendar year after 2010 is zero.'.
(2) EFFECTIVE DATE- The amendments made by this subsection shall apply
to allocations of State volume limit after April 5, 2006.
SEC. 204. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED
MUSICAL WORKS.
(a) In General- Subsection (b) of section 1221 (relating to capital asset defined) is
amended by redesignating paragraph (3) as paragraph (4) and by inserting after
paragraph (2) the following new paragraph:
`(3) SALE OR EXCHANGE OF SELF-CREATED MUSICAL WORKS- At the
election of the taxpayer, paragraphs (1) and (3) of subsection (a) shall not apply
to musical compositions or copyrights in musical works sold or exchanged
before January 1, 2011, by a taxpayer described in subsection (a)(3).'.
(b) Limitation on Charitable Contributions- Subparagraph (A) of section 170(e)(1) is
amended by inserting `(determined without regard to section 1221(b)(3))' after
`long-term capital gain'.
(c) Effective Date- The amendments made by this section shall apply to sales and
exchanges in taxable years beginning after the date of the enactment of this Act.
SEC. 205. VESSEL TONNAGE LIMIT.
(a) In General- Paragraph (4) of section 1355(a) (relating to qualifying vessel) is
amended by inserting `(6,000, in the case of taxable years beginning after December
31, 2005, and ending before January 1, 2011)' after `10,000'.
(b) Effective Date- The amendment made by subsection (a) shall apply to taxable
years beginning after December 31, 2005.
SEC. 206. MODIFICATION OF SPECIAL ARBITRAGE RULE FOR CERTAIN
FUNDS.
In the case of bonds issued after the date of the enactment of this Act and before
August 31, 2009-(1) the requirement of paragraph (1) of section 648 of the Deficit Reduction Act
of 1984 (98 Stat. 941) shall be treated as met with respect to the securities or
obligations referred to in such section if such securities or obligations are held in
a fund the annual distributions from which cannot exceed 7 percent of the
26
average fair market value of the assets held in such fund except to the extent
distributions are necessary to pay debt service on the bond issue, and
(2) paragraph (3) of such section shall be applied by substituting `distributions
from' for `the investment earnings of' both places it appears.
SEC. 207. AMORTIZATION OF EXPENSES INCURRED IN CREATING OR
ACQUIRING MUSIC OR MUSIC COPYRIGHTS.
(a) In General- Section 167(g) (relating to depreciation under income forecast
method) is amended by adding at the end the following new paragraph:
`(8) SPECIAL RULES FOR CERTAIN MUSICAL WORKS AND
COPYRIGHTS`(A) IN GENERAL- If an election is in effect under this paragraph for any
taxable year, then, notwithstanding paragraph (1), any expense which-`(i) is paid or incurred by the taxpayer in creating or acquiring any
applicable musical property placed in service during the taxable year, and
`(ii) is otherwise properly chargeable to capital account, shall be
amortized ratably over the 5-year period beginning with the month in
which the property was placed in service. The preceding sentence shall
not apply to any expense which, without regard to this paragraph, would
not be allowable as a deduction.
`(B) EXCLUSIVE METHOD- Except as provided in this paragraph, no
depreciation or amortization deduction shall be allowed with respect to any
expense to which subparagraph (A) applies.
`(C) APPLICABLE MUSICAL PROPERTY- For purposes of this
paragraph-`(i) IN GENERAL- The term `applicable musical property' means any
musical composition (including any accompanying words), or any
copyright with respect to a musical composition, which is property to
which this subsection applies without regard to this paragraph.
`(ii) EXCEPTIONS- Such term shall not include any property-`(I) with respect to which expenses are treated as qualified creative
expenses to which section 263A(h) applies,
`(II) to which a simplified procedure established under section
263A(j)(2) applies, or
`(III) which is an amortizable section 197 intangible (as defined in
section 197(c)).
`(D) ELECTION- An election under this paragraph shall be made at such
time and in such form as the Secretary may prescribe and shall apply to all
applicable musical property placed in service during the taxable year for
which the election applies.
`(E) TERMINATION- An election may not be made under this paragraph for
any taxable year beginning after December 31, 2010.'.
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(b) Effective Date- The amendments made by this section shall apply to expenses
paid or incurred with respect to property placed in service in taxable years beginning
after December 31, 2005.
SEC. 208. MODIFICATION OF EFFECTIVE DATE OF DISREGARD OF
CERTAIN CAPITAL EXPENDITURES FOR PURPOSES OF QUALIFIED
SMALL ISSUE BONDS.
(a) In General- Section 144(a)(4)(G) is amended by striking `September 30, 2009'
and inserting `December 31, 2006'.
(b) Conforming Amendment- Section 144(a)(4)(F) is amended by striking
`September 30, 2009' and inserting `December 31, 2006'.
SEC. 209. MODIFICATION OF TREATMENT OF LOANS TO QUALIFIED
CONTINUING CARE FACILITIES.
(a) In General- Section 7872 is amended by redesignating subsection (h) as
subsection (i) and inserting after subsection (g) the following new subsection:
`(h) Exception for Loans to Qualified Continuing Care Facilities`(1) IN GENERAL- This section shall not apply for any calendar year to any
below-market loan owed by a facility which on the last day of such year is a
qualified continuing care facility, if such loan was made pursuant to a continuing
care contract and if the lender (or the lender's spouse) attains age 62 before the
close of such year.
`(2) CONTINUING CARE CONTRACT- For purposes of this section, the term
`continuing care contract' means a written contract between an individual and a
qualified continuing care facility under which-`(A) the individual or individual's spouse may use a qualified continuing care
facility for their life or lives,
`(B) the individual or individual's spouse will be provided with housing, as
appropriate for the health of such individual or individual's spouse-`(i) in an independent living unit (which has additional available facilities
outside such unit for the provision of meals and other personal care), and
`(ii) in an assisted living facility or a nursing facility, as is available in the
continuing care facility, and
`(C) the individual or individual's spouse will be provided assisted living or
nursing care as the health of such individual or individual's spouse requires,
and as is available in the continuing care facility.
The Secretary shall issue guidance which limits such term to contracts which
provide only facilities, care, and services described in this paragraph.
`(3) QUALIFIED CONTINUING CARE FACILITY`(A) IN GENERAL- For purposes of this section, the term `qualified
continuing care facility' means 1 or more facilities--
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`(i) which are designed to provide services under continuing care
contracts,
`(ii) which include an independent living unit, plus an assisted living or
nursing facility, or both, and
`(iii) substantially all of the independent living unit residents of which are
covered by continuing care contracts.
`(B) NURSING HOMES EXCLUDED- The term `qualified continuing care
facility' shall not include any facility which is of a type which is traditionally
considered a nursing home.
`(4) TERMINATION- This subsection shall not apply to any calendar year after
2010.'.
(b) Conforming Amendments(1) Section 7872(g) is amended by adding at the end the following new
paragraph:
`(6) SUSPENSION OF APPLICATION- Paragraph (1) shall not apply for any
calendar year to which subsection (h) applies.'.
(2) Section 142(d)(2)(B) is amended by striking `Section 7872(g)' and inserting
`Subsections (g) and (h) of section 7872'.
(c) Effective Date- The amendment made by this section shall apply to calendar
years beginning after December 31, 2005, with respect to loans made before, on, or
after such date.
TITLE III--ALTERNATIVE MINIMUM TAX RELIEF
SEC. 301. INCREASE IN ALTERNATIVE MINIMUM TAX EXEMPTION
AMOUNT FOR 2006.
(a) In General- Section 55(d)(1) (relating to exemption amount for taxpayers other
than corporations) is amended-(1) by striking `$58,000' and all that follows through `2005' in subparagraph (A)
and inserting `$62,550 in the case of taxable years beginning in 2006', and
(2) by striking `$40,250' and all that follows through `2005' in subparagraph (B)
and inserting `$42,500 in the case of taxable years beginning in 2006'.
(b) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2005.
SEC. 302. ALLOWANCE OF NONREFUNDABLE PERSONAL CREDITS
AGAINST REGULAR AND ALTERNATIVE MINIMUM TAX LIABILITY.
(a) In General- Paragraph (2) of section 26(a) is amended-(1) by striking `2005' in the heading thereof and inserting `2006', and
(2) by striking `or 2005' and inserting `2005, or 2006'.
(b) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2005.
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TITLE IV--CORPORATE ESTIMATED TAX PROVISIONS
SEC. 401. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Notwithstanding section 6655 of the Internal Revenue Code of 1986-(1) in the case of a corporation with assets of not less than $1,000,000,000
(determined as of the end of the preceding taxable year)-(A) the amount of any required installment of corporate estimated tax which
is otherwise due in July, August, or September of 2006 shall be 105 percent
of such amount,
(B) the amount of any required installment of corporate estimated tax which
is otherwise due in July, August, or September of 2012 shall be 106.25
percent of such amount,
(C) the amount of any required installment of corporate estimated tax which
is otherwise due in July, August, or September of 2013 shall be 100.75
percent of such amount, and
(D) the amount of the next required installment after an installment referred
to in subparagraph (A), (B), or (C) shall be appropriately reduced to reflect
the amount of the increase by reason of such subparagraph,
(2) 20.5 percent of the amount of any required installment of corporate estimated
tax which is otherwise due in September 2010 shall not be due until October 1,
2010, and
(3) 27.5 percent of the amount of any required installment of corporate estimated
tax which is otherwise due in September 2011 shall not be due until October 1,
2011.
TITLE V--REVENUE OFFSET PROVISIONS
SEC. 501. APPLICATION OF EARNINGS STRIPPING RULES TO PARTNERS
WHICH ARE CORPORATIONS.
(a) In General- Section 163(j) (relating to limitation on deduction for interest on
certain indebtedness) is amended by redesignating paragraph (8) as paragraph (9)
and by inserting after paragraph (7) the following new paragraph:
`(8) TREATMENT OF CORPORATE PARTNERS- Except to the extent
provided by regulations, in applying this subsection to a corporation which owns
(directly or indirectly) an interest in a partnership-`(A) such corporation's distributive share of interest income paid or accrued
to such partnership shall be treated as interest income paid or accrued to such
corporation,
`(B) such corporation's distributive share of interest paid or accrued by such
partnership shall be treated as interest paid or accrued by such corporation,
and
30
`(C) such corporation's share of the liabilities of such partnership shall be
treated as liabilities of such corporation.'.
(b) Additional Regulatory Authority- Section 163(j)(9) (relating to regulations), as
redesignated by subsection (a), is amended by striking `and' at the end of
subparagraph (B), by striking the period at the end of subparagraph (C) and inserting
`, and', and by adding at the end the following new subparagraph:
`(D) regulations providing for the reallocation of shares of partnership
indebtedness, or distributive shares of the partnership's interest income or
interest expense.'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning on or after the date of the enactment of this Act.
SEC. 502. REPORTING OF INTEREST ON TAX-EXEMPT BONDS.
(a) In General- Section 6049(b)(2) (relating to exceptions) is amended by striking
subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs
(B) and (C), respectively.
(b) Conforming Amendment- Section 6049(b)(2)(C), as redesignated by subsection
(a), is amended by striking `subparagraph (C)' and inserting `subparagraph (B)'.
(c) Effective Date- The amendments made by this section shall apply to interest paid
after December 31, 2005.
SEC. 503. 5-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL COMPANIES.
(a) In General- Section 167(h) (relating to amortization of geological and
geophysical expenditures) is amended by adding at the end the following new
paragraph:
`(5) SPECIAL RULE FOR MAJOR INTEGRATED OIL COMPANIES`(A) IN GENERAL- In the case of a major integrated oil company,
paragraphs (1) and (4) shall be applied by substituting `5-year' for `24
month'.
`(B) MAJOR INTEGRATED OIL COMPANY- For purposes of this
paragraph, the term `major integrated oil company' means, with respect to
any taxable year, a producer of crude oil-`(i) which has an average daily worldwide production of crude oil of at
least 500,000 barrels for the taxable year,
`(ii) which had gross receipts in excess of $1,000,000,000 for its last
taxable year ending during calendar year 2005, and
`(iii) to which subsection (c) of section 613A does not apply by reason of
paragraph (4) of section 613A(d), determined-`(I) by substituting `15 percent' for `5 percent' each place it occurs in
paragraph (3) of section 613A(d), and
31
`(II) without regard to whether subsection (c) of section 613A does
not apply by reason of paragraph (2) of section 613A(d).
For purposes of clauses (i) and (ii), all persons treated as a single employer
under subsections (a) and (b) of section 52 shall be treated as 1 person and,
in case of a short taxable year, the rule under section 448(c)(3)(B) shall
apply.'.
(b) Effective Date- The amendment made by this section shall apply to amounts paid
or incurred after the date of the enactment of this Act.
SEC. 504. APPLICATION OF FIRPTA TO REGULATED INVESTMENT
COMPANIES.
(a) In General- Subclause (II) of section 897(h)(4)(A)(i) (defining qualified
investment entity) is amended by inserting `which is a United States real property
holding corporation or which would be a United States real property holding
corporation if the exceptions provided in subsections (c)(3) and (h)(2) did not apply
to interests in any real estate investment trust or regulated investment company' after
`regulated investment company'.
(b) Effective Date- The amendment made by this section shall take effect as if
included in the provisions of section 411 of the American Jobs Creation Act of 2004
to which it relates.
SEC. 505. TREATMENT OF DISTRIBUTIONS ATTRIBUTABLE TO FIRPTA
GAINS.
(a) Qualified Investment Entity(1) IN GENERAL- Section 897(h)(1) is amended-(A) by striking `a nonresident alien individual or a foreign corporation' in the
first sentence and inserting `a nonresident alien individual, a foreign
corporation, or other qualified investment entity',
(B) by striking `such nonresident alien individual or foreign corporation' in
the first sentence and inserting `such nonresident alien individual, foreign
corporation, or other qualified investment entity', and
(C) by striking the second sentence and inserting the following new sentence:
`Notwithstanding the preceding sentence, any distribution by a qualified
investment entity to a nonresident alien individual or a foreign corporation
with respect to any class of stock which is regularly traded on an established
securities market located in the United States shall not be treated as gain
recognized from the sale or exchange of a United States real property interest
if such individual or corporation did not own more than 5 percent of such
class of stock at any time during the 1-year period ending on the date of such
distribution.'.
(2) EXCEPTION TO TERMINATION OF APPLICATION OF SECTION 897
RULES TO REGULATED INVESTMENT COMPANIES- Clause (ii) of
32
section 897(h)(4)(A) is amended by adding at the end the following new
sentence: `Notwithstanding the preceding sentence, an entity described in clause
(i)(II) shall be treated as a qualified investment entity for purposes of applying
paragraphs (1) and (5) and section 1445 with respect to any distribution by the
entity to a nonresident alien individual or a foreign corporation which is
attributable directly or indirectly to a distribution to the entity from a real estate
investment trust.'.
(b) Withholding on Distributions Treated as Gain From United States Real Property
Interests- Section 1445(e) (relating to special rules for distributions, etc. by
corporations, partnerships, trusts, or estates) is amended by redesignating paragraph
(6) as paragraph (7) and by inserting after paragraph (5) the following new
paragraph:
`(6) DISTRIBUTIONS BY REGULATED INVESTMENT COMPANIES AND
REAL ESTATE INVESTMENT TRUSTS- If any portion of a distribution from
a qualified investment entity (as defined in section 897(h)(4)) to a nonresident
alien individual or a foreign corporation is treated under section 897(h)(1) as
gain realized by such individual or corporation from the sale or exchange of a
United States real property interest, the qualified investment entity shall deduct
and withhold under subsection (a) a tax equal to 35 percent (or, to the extent
provided in regulations, 15 percent (20 percent in the case of taxable years
beginning after December 31, 2010)) of the amount so treated.'.
(c) Treatment of Certain Distributions as Dividends(1) IN GENERAL- Section 852(b)(3) (relating to capital gains) is amended by
adding at the end the following new subparagraph:
`(E) CERTAIN DISTRIBUTIONS- In the case of a distribution to which
section 897 does not apply by reason of the second sentence of section
897(h)(1), the amount of such distribution which would be included in
computing long-term capital gains for the shareholder under subparagraph
(B) or (D) (without regard to this subparagraph)-`(i) shall not be included in computing such shareholder's long-term
capital gains, and
`(ii) shall be included in such shareholder's gross income as a dividend
from the regulated investment company.'.
(2) CONFORMING AMENDMENT- Section 871(k)(2) (relating to short-term
capital gain dividends) is amended by adding at the end the following new
subparagraph:
`(E) CERTAIN DISTRIBUTIONS- In the case of a distribution to which
section 897 does not apply by reason of the second sentence of section
897(h)(1), the amount which would be treated as a short-term capital gain
dividend to the shareholder (without regard to this subparagraph)-`(i) shall not be treated as a short-term capital gain dividend, and
`(ii) shall be included in such shareholder's gross income as a dividend
from the regulated investment company.'.
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(d) Effective Dates- The amendments made by this section shall apply to taxable
years of qualified investment entities beginning after December 31, 2005, except
that no amount shall be required to be withheld under section 1441, 1442, or 1445 of
the Internal Revenue Code of 1986 with respect to any distribution before the date of
the enactment of this Act if such amount was not otherwise required to be withheld
under any such section as in effect before such amendments.
SEC. 506. PREVENTION OF AVOIDANCE OF TAX ON INVESTMENTS OF
FOREIGN PERSONS IN UNITED STATES REAL PROPERTY THROUGH
WASH SALE TRANSACTIONS.
(a) In General- Section 897(h) (relating to special rules for certain investment
entities) is amended by adding at the end the following new paragraph:
`(5) TREATMENT OF CERTAIN WASH SALE TRANSACTIONS`(A) IN GENERAL- If an interest in a domestically controlled qualified
investment entity is disposed of in an applicable wash sale transaction, the
taxpayer shall, for purposes of this section, be treated as having gain from the
sale or exchange of a United States real property interest in an amount equal
to the portion of the distribution described in subparagraph (B) with respect
to such interest which, but for the disposition, would have been treated by the
taxpayer as gain from the sale or exchange of a United States real property
interest under paragraph (1).
`(B) APPLICABLE WASH SALES TRANSACTION- For purposes of this
paragraph-`(i) IN GENERAL- The term `applicable wash sales transaction' means
any transaction (or series of transactions) under which a nonresident alien
individual, foreign corporation, or qualified investment entity-`(I) disposes of an interest in a domestically controlled qualified
investment entity during the 30-day period preceding the ex-dividend
date of a distribution which is to be made with respect to the interest
and any portion of which, but for the disposition, would have been
treated by the taxpayer as gain from the sale or exchange of a United
States real property interest under paragraph (1), and
`(II) acquires, or enters into a contract or option to acquire, a
substantially identical interest in such entity during the 61-day period
beginning with the 1st day of the 30-day period described in
subclause (I).
For purposes of subclause (II), a nonresident alien individual, foreign
corporation, or qualified investment entity shall be treated as having
acquired any interest acquired by a person related (within the meaning of
section 267(b) or 707(b)(1)) to the individual, corporation, or entity, and
any interest which such person has entered into any contract or option to
acquire.
34
`(ii) APPLICATION TO SUBSTITUTE DIVIDEND AND SIMILAR
PAYMENTS- Subparagraph (A) shall apply to-`(I) any substitute dividend payment (within the meaning of section
861), or
`(II) any other similar payment specified in regulations which the
Secretary determines necessary to prevent avoidance of the purposes
of this paragraph.
The portion of any such payment treated by the taxpayer as gain from the
sale or exchange of a United States real property interest under
subparagraph (A) by reason of this clause shall be equal to the portion of
the distribution such payment is in lieu of which would have been so
treated but for the transaction giving rise to such payment.
`(iii) EXCEPTION WHERE DISTRIBUTION ACTUALLY
RECEIVED- A transaction shall not be treated as an applicable wash
sales transaction if the nonresident alien individual, foreign corporation,
or qualified investment entity receives the distribution described in clause
(i)(I) with respect to either the interest which was disposed of, or
acquired, in the transaction.
`(iv) EXCEPTION FOR CERTAIN PUBLICLY TRADED STOCK- A
transaction shall not be treated as an applicable wash sales transaction if
it involves the disposition of any class of stock in a qualified investment
entity which is regularly traded on an established securities market within
the United States but only if the nonresident alien individual, foreign
corporation, or qualified investment entity did not own more than 5
percent of such class of stock at any time during the 1-year period ending
on the date of the distribution described in clause (i)(I).'.
(b) No Withholding Required- Section 1445(b) (relating to exemptions) is amended
by adding at the end the following new paragraph:
`(8) APPLICABLE WASH SALES TRANSACTIONS- No person shall be
required to deduct and withhold any amount under subsection (a) with respect to
a disposition which is treated as a disposition of a United States real property
interest solely by reason of section 897(h)(5).'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2005, except that such amendments shall not
apply to any distribution, or substitute dividend payment, occurring before the date
that is 30 days after the date of the enactment of this Act.
SEC. 507. SECTION 355 NOT TO APPLY TO DISTRIBUTIONS INVOLVING
DISQUALIFIED INVESTMENT COMPANIES.
(a) In GeneralSection 355 (relating to distributions of stock and securities of a controlled
corporation) is amended by adding at the end the following new subsection:
35
`(g) Section Not to Apply to Distributions Involving Disqualified Investment
Corporations`(1) IN GENERAL- This section (and so much of section 356 as relates to this
section) shall not apply to any distribution which is part of a transaction if-`(A) either the distributing corporation or controlled corporation is,
immediately after the transaction, a disqualified investment corporation, and
`(B) any person holds, immediately after the transaction, a 50-percent or
greater interest in any disqualified investment corporation, but only if such
person did not hold such an interest in such corporation immediately before
the transaction.
`(2) DISQUALIFIED INVESTMENT CORPORATION- For purposes of this
subsection-`(A) IN GENERAL- The term `disqualified investment corporation' means
any distributing or controlled corporation if the fair market value of the
investment assets of the corporation is-`(i) in the case of distributions after the end of the 1-year period
beginning on the date of the enactment of this subsection, 2/3 or more of
the fair market value of all assets of the corporation, and
`(ii) in the case of distributions during such 1-year period, 3/4 or more of
the fair market value of all assets of the corporation.
`(B) INVESTMENT ASSETS`(i) IN GENERAL- Except as otherwise provided in this subparagraph,
the term `investment assets' means-`(I) cash,
`(II) any stock or securities in a corporation,
`(III) any interest in a partnership,
`(IV) any debt instrument or other evidence of indebtedness,
`(V) any option, forward or futures contract, notional principal
contract, or derivative,
`(VI) foreign currency, or
`(VII) any similar asset.
`(ii) EXCEPTION FOR ASSETS USED IN ACTIVE CONDUCT OF
CERTAIN FINANCIAL TRADES OR BUSINESSES- Such term shall
not include any asset which is held for use in the active and regular
conduct of-`(I) a lending or finance business (within the meaning of section
954(h)(4)),
`(II) a banking business through a bank (as defined in section 581), a
domestic building and loan association (within the meaning of
section 7701(a)(19)), or any similar institution specified by the
Secretary, or
`(III) an insurance business if the conduct of the business is licensed,
authorized, or regulated by an applicable insurance regulatory body.
36
This clause shall only apply with respect to any business if substantially
all of the income of the business is derived from persons who are not
related (within the meaning of section 267(b) or 707(b)(1)) to the person
conducting the business.
`(iii) EXCEPTION FOR SECURITIES MARKED TO MARKET- Such
term shall not include any security (as defined in section 475(c)(2))
which is held by a dealer in securities and to which section 475(a)
applies.
`(iv) STOCK OR SECURITIES IN A 20-PERCENT CONTROLLED
ENTITY`(I) IN GENERAL- Such term shall not include any stock and
securities in, or any asset described in subclause (IV) or (V) of clause
(i) issued by, a corporation which is a 20-percent controlled entity
with respect to the distributing or controlled corporation.
`(II) LOOK-THRU RULE- The distributing or controlled corporation
shall, for purposes of applying this subsection, be treated as owning
its ratable share of the assets of any 20-percent controlled entity.
`(III) 20-PERCENT CONTROLLED ENTITY- For purposes of this
clause, the term `20-percent controlled entity' means, with respect to
any distributing or controlled corporation, any corporation with
respect to which the distributing or controlled corporation owns
directly or indirectly stock meeting the requirements of section
1504(a)(2), except that such section shall be applied by substituting
`20 percent' for `80 percent' and without regard to stock described in
section 1504(a)(4).
`(v) INTERESTS IN CERTAIN PARTNERSHIPS`(I) IN GENERAL- Such term shall not include any interest in a
partnership, or any debt instrument or other evidence of indebtedness,
issued by the partnership, if 1 or more of the trades or businesses of
the partnership are (or, without regard to the 5-year requirement
under subsection (b)(2)(B), would be) taken into account by the
distributing or controlled corporation, as the case may be, in
determining whether the requirements of subsection (b) are met with
respect to the distribution.
`(II) LOOK-THRU RULE- The distributing or controlled corporation
shall, for purposes of applying this subsection, be treated as owning
its ratable share of the assets of any partnership described in
subclause (I).
`(3) 50-PERCENT OR GREATER INTEREST- For purposes of this subsection`(A) IN GENERAL- The term `50-percent or greater interest' has the
meaning given such term by subsection (d)(4).
`(B) ATTRIBUTION RULES- The rules of section 318 shall apply for
purposes of determining ownership of stock for purposes of this paragraph.
37
`(4) TRANSACTION- For purposes of this subsection, the term `transaction'
includes a series of transactions.
`(5) REGULATIONS- The Secretary shall prescribe such regulations as may be
necessary to carry out, or prevent the avoidance of, the purposes of this
subsection, including regulations-`(A) to carry out, or prevent the avoidance of, the purposes of this subsection
in cases involving-`(i) the use of related persons, intermediaries, pass-thru entities, options,
or other arrangements, and
`(ii) the treatment of assets unrelated to the trade or business of a
corporation as investment assets if, prior to the distribution, investment
assets were used to acquire such unrelated assets,
`(B) which in appropriate cases exclude from the application of this
subsection a distribution which does not have the character of a redemption
which would be treated as a sale or exchange under section 302, and
`(C) which modify the application of the attribution rules applied for
purposes of this subsection.'.
(b) Effective Dates(1) IN GENERAL- The amendments made by this section shall apply to
distributions after the date of the enactment of this Act.
(2) TRANSITION RULE- The amendments made by this section shall not apply
to any distribution pursuant to a transaction which is-(A) made pursuant to an agreement which was binding on such date of
enactment and at all times thereafter,
(B) described in a ruling request submitted to the Internal Revenue Service
on or before such date, or
(C) described on or before such date in a public announcement or in a filing
with the Securities and Exchange Commission.
SEC. 508. LOAN AND REDEMPTION REQUIREMENTS ON POOLED
FINANCING REQUIREMENTS.
(a) Strengthened Reasonable Expectation Requirement- Subparagraph (A) of section
149(f)(2) (relating to reasonable expectation requirement) is amended to read as
follows:
`(A) IN GENERAL- The requirements of this paragraph are met with respect
to an issue if the issuer reasonably expects that-`(i) as of the close of the 1-year period beginning on the date of issuance
of the issue, at least 30 percent of the net proceeds of the issue (as of the
close of such period) will have been used directly or indirectly to make or
finance loans to ultimate borrowers, and
`(ii) as of the close of the 3-year period beginning on such date of
issuance, at least 95 percent of the net proceeds of the issue (as of the
close of such period) will have been so used.'.
38
(b) Written Loan Commitment and Redemption Requirements- Section 149(f)
(relating to treatment of certain pooled financing bonds) is amended by
redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively, and by
inserting after paragraph (3) the following new paragraphs:
`(4) WRITTEN LOAN COMMITMENT REQUIREMENT`(A) IN GENERAL- The requirement of this paragraph is met with respect to
an issue if the issuer receives prior to issuance written loan commitments
identifying the ultimate potential borrowers of at least 30 percent of the net
proceeds of such issue.
`(B) EXCEPTION- Subparagraph (A) shall not apply with respect to any
issuer which-`(i) is a State (or an integral part of a State) issuing pooled financing
bonds to make or finance loans to subordinate governmental units of
such State, or
`(ii) is a State-created entity providing financing for water-infrastructure
projects through the federally-sponsored State revolving fund program.
`(5) REDEMPTION REQUIREMENT- The requirement of this paragraph is met
if to the extent that less than the percentage of the proceeds of an issue required
to be used under clause (i) or (ii) of paragraph (2)(A) is used by the close of the
period identified in such clause, the issuer uses an amount of proceeds equal to
the excess of-`(A) the amount required to be used under such clause, over
`(B) the amount actually used by the close of such period,
to redeem outstanding bonds within 90 days after the end of such period.'.
(c) Elimination of Disregard of Pooled Bonds in Determining Eligibility for Small
Issuer Exception to Arbitrage Rebate- Section 148(f)(4)(D)(ii) (relating to
aggregation of issuers) is amended by striking subclause (II) and by redesignating
subclauses (III) and (IV) as subclauses (II) and (III), respectively.
(d) Conforming Amendments(1) Section 149(f)(1) is amended by striking `paragraphs (2) and (3)' and
inserting `paragraphs (2), (3), (4), and (5)'.
(2) Section 149(f)(7)(B), as redesignated by subsection (b), is amended by
striking `paragraph (4)(A)' and inserting `paragraph (6)(A)'.
(3) Section 54(l)(2) is amended by striking `section 149(f)(4)(A)' and inserting
`section 149(f)(6)(A)'.
(e) Effective Date- The amendments made by this section shall apply to bonds
issued after the date of the enactment of this Act.
SEC. 509. PARTIAL PAYMENTS REQUIRED WITH SUBMISSION OF
OFFERS-IN-COMPROMISE.
(a) In General- Section 7122 (relating to compromises) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after
subsection (b) the following new subsection:
39
`(c) Rules for Submission of Offers-in-Compromise`(1) PARTIAL PAYMENT REQUIRED WITH SUBMISSION`(A) LUMP-SUM OFFERS`(i) IN GENERAL- The submission of any lump-sum offer-incompromise shall be accompanied by the payment of 20 percent of the
amount of such offer.
`(ii) LUMP-SUM OFFER-IN-COMPROMISE- For purposes of this
section, the term `lump-sum offer-in-compromise' means any offer of
payments made in 5 or fewer installments.
`(B) PERIODIC PAYMENT OFFERS`(i) IN GENERAL- The submission of any periodic payment offer-incompromise shall be accompanied by the payment of the amount of the
first proposed installment.
`(ii) FAILURE TO MAKE INSTALLMENT DURING PENDENCY OF
OFFER- Any failure to make an installment (other than the first
installment) due under such offer-in-compromise during the period such
offer is being evaluated by the Secretary may be treated by the Secretary
as a withdrawal of such offer-in-compromise.
`(2) RULES OF APPLICATION`(A) USE OF PAYMENT- The application of any payment made under this
subsection to the assessed tax or other amounts imposed under this title with
respect to such tax may be specified by the taxpayer.
`(B) APPLICATION OF USER FEE- In the case of any assessed tax or other
amounts imposed under this title with respect to such tax which is the subject
of an offer-in-compromise to which this subsection applies, such tax or other
amounts shall be reduced by any user fee imposed under this title with
respect to such offer-in-compromise.
`(C) WAIVER AUTHORITY- The Secretary may issue regulations waiving
any payment required under paragraph (1) in a manner consistent with the
practices established in accordance with the requirements under subsection
(d)(3).'.
(b) Additional Rules Relating to Treatment of Offers(1) UNPROCESSABLE OFFER IF PAYMENT REQUIREMENTS ARE NOT
MET- Paragraph (3) of section 7122(d) (relating to standards for evaluation of
offers), as redesignated by subsection (a), is amended by striking `; and' at the
end of subparagraph (A) and inserting a comma, by striking the period at the end
of subparagraph (B) and inserting `, and', and by adding at the end the following
new subparagraph:
`(C) any offer-in-compromise which does not meet the requirements of
subparagraph (A)(i) or (B)(i), as the case may be, of subsection (c)(1) may be
returned to the taxpayer as unprocessable.'.
(2) DEEMED ACCEPTANCE OF OFFER NOT REJECTED WITHIN
CERTAIN PERIOD- Section 7122, as amended by subsection (a), is amended
by adding at the end the following new subsection:
40
`(f) Deemed Acceptance of Offer Not Rejected Within Certain Period- Any offer-incompromise submitted under this section shall be deemed to be accepted by the
Secretary if such offer is not rejected by the Secretary before the date which is 24
months after the date of the submission of such offer. For purposes of the preceding
sentence, any period during which any tax liability which is the subject of such
offer-in-compromise is in dispute in any judicial proceeding shall not be taken into
account in determining the expiration of the 24-month period.'.
(c) Conforming Amendment- Section 6159(f) is amended by striking `section
7122(d)' and inserting `section 7122(e)'.
(d) Effective Date- The amendments made by this section shall apply to offers-incompromise submitted on and after the date which is 60 days after the date of the
enactment of this Act.
SEC. 510. INCREASE IN AGE OF MINOR CHILDREN WHOSE UNEARNED
INCOME IS TAXED AS IF PARENT'S INCOME.
(a) In General- Section 1(g)(2)(A) (relating to child to whom subsection applies) is
amended by striking `age 14' and inserting `age 18'.
(b) Treatment of Distributions From Qualified Disability Trusts- Section 1(g)(4)
(relating to net unearned income) is amended by adding at the end the following new
subparagraph:
`(C) TREATMENT OF DISTRIBUTIONS FROM QUALIFIED
DISABILITY TRUSTS- For purposes of this subsection, in the case of any
child who is a beneficiary of a qualified disability trust (as defined in section
642(b)(2)(C)(ii)), any amount included in the income of such child under
sections 652 and 662 during a taxable year shall be considered earned
income of such child for such taxable year.'.
(c) Conforming Amendment- Section 1(g)(2) is amended by striking `and' at the end
of subparagraph (A), by striking the period at the end of subparagraph (B) and
inserting `, and', and by inserting after subparagraph (B) the following new
subparagraph:
`(C) such child does not file a joint return for the taxable year.'.
(d) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2005.
SEC. 511. IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS
MADE BY GOVERNMENT ENTITIES.
(a) In General- Section 3402 is amended by adding at the end the following new
subsection:
`(t) Extension of Withholding to Certain Payments Made by Government Entities`(1) GENERAL RULE- The Government of the United States, every State, every
political subdivision thereof, and every instrumentality of the foregoing
(including multi-State agencies) making any payment to any person providing
41
any property or services (including any payment made in connection with a
government voucher or certificate program which functions as a payment for
property or services) shall deduct and withhold from such payment a tax in an
amount equal to 3 percent of such payment.
`(2) PROPERTY AND SERVICES SUBJECT TO WITHHOLDING- Paragraph
(1) shall not apply to any payment-`(A) except as provided in subparagraph (B), which is subject to withholding
under any other provision of this chapter or chapter 3,
`(B) which is subject to withholding under section 3406 and from which
amounts are being withheld under such section,
`(C) of interest,
`(D) for real property,
`(E) to any governmental entity subject to the requirements of paragraph (1),
any tax-exempt entity, or any foreign government,
`(F) made pursuant to a classified or confidential contract described in
section 6050M(e)(3),
`(G) made by a political subdivision of a State (or any instrumentality
thereof) which makes less than $100,000,000 of such payments annually,
`(H) which is in connection with a public assistance or public welfare
program for which eligibility is determined by a needs or income test, and
`(I) to any government employee not otherwise excludable with respect to
their services as an employee.
`(3) COORDINATION WITH OTHER SECTIONS- For purposes of sections
3403 and 3404 and for purposes of so much of subtitle F (except section 7205)
as relates to this chapter, payments to any person for property or services which
are subject to withholding shall be treated as if such payments were wages paid
by an employer to an employee.'.
(b) Effective Date- The amendment made by this section shall apply to payments
made after December 31, 2010.
SEC. 512. CONVERSIONS TO ROTH IRAS.
(a) Repeal of Income Limitations(1) IN GENERAL- Paragraph (3) of section 408A(c) (relating to limits based on
modified adjusted gross income) is amended by striking subparagraph (B) and
redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively.
(2) CONFORMING AMENDMENT- Clause (i) of section 408A(c)(3)(B) (as
redesignated by paragraph (1)) is amended by striking `except that--' and all that
follows and inserting `except that any amount included in gross income under
subsection (d)(3) shall not be taken into account, and'.
(b) Rollovers to a Roth IRA From an IRA Other Than a Roth IRA(1) IN GENERAL- Clause (iii) of section 408A(d)(3)(A) (relating to rollovers
from an IRA other than a Roth IRA) is amended to read as follows:
42
`(iii) unless the taxpayer elects not to have this clause apply,
any amount required to be included in gross income for any
taxable year beginning in 2010 by reason of this paragraph
shall be so included ratably over the 2-taxable-year period
beginning with the first taxable year beginning in 2011.'.
(2) CONFORMING AMENDMENTS(A) Clause (i) of section 408A(d)(3)(E) is amended to read as follows:
`(i) ACCELERATION OF INCLUSION`(I) IN GENERAL- The amount otherwise required to be included in
gross income for any taxable year beginning in 2010 or the first
taxable year in the 2-year period under subparagraph (A)(iii) shall be
increased by the aggregate distributions from Roth IRAs for such
taxable year which are allocable under paragraph (4) to the portion of
such qualified rollover contribution required to be included in gross
income under subparagraph (A)(i).
`(II) LIMITATION ON AGGREGATE AMOUNT INCLUDED- The
amount required to be included in gross income for any taxable year
under subparagraph (A)(iii) shall not exceed the aggregate amount
required to be included in gross income under subparagraph (A)(iii)
for all taxable years in the 2-year period (without regard to subclause
(I)) reduced by amounts included for all preceding taxable years.'.
(B) The heading for section 408A(d)(3)(E) is amended by striking `4-YEAR'
and inserting `2-YEAR'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2009.
SEC. 513. REPEAL OF FSC/ETI BINDING CONTRACT RELIEF.
(a) FSC Provisions- Paragraph (1) of section 5(c) of the FSC Repeal and
Extraterritorial Income Exclusion Act of 2000 is amended by striking `which occurs-' and all that follows and inserting `which occurs before January 1, 2002.'.
(b) ETI Provisions- Section 101 of the American Jobs Creation Act of 2004 is
amended by striking subsection (f).
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning after the date of the enactment of this Act.
SEC. 514. ONLY WAGES ATTRIBUTABLE TO DOMESTIC PRODUCTION
TAKEN INTO ACCOUNT IN DETERMINING DEDUCTION FOR DOMESTIC
PRODUCTION.
(a) In General- Paragraph (2) of section 199(b) (relating to W-2 wages) is amended
to read as follows:
`(2) W-2 WAGES- For purposes of this section--
43
`(A) IN GENERAL- The term `W-2 wages' means, with respect to any
person for any taxable year of such person, the sum of the amounts described
in paragraphs (3) and (8) of section 6051(a) paid by such person with respect
to employment of employees by such person during the calendar year ending
during such taxable year.
`(B) LIMITATION TO WAGES ATTRIBUTABLE TO DOMESTIC
PRODUCTION- Such term shall not include any amount which is not
properly allocable to domestic production gross receipts for purposes of
subsection (c)(1).
`(C) RETURN REQUIREMENT- Such term shall not include any amount
which is not properly included in a return filed with the Social Security
Administration on or before the 60th day after the due date (including
extensions) for such return.'.
(b) Simplification of Rules for Determining W-2 Wages of Partners and S
Corporation Shareholders(1) IN GENERAL- Clause (iii) of section 199(d)(1)(A) is amended to read as
follows:
`(iii) each partner or shareholder shall be treated for purposes of
subsection (b) as having W-2 wages for the taxable year in an amount
equal to such person's allocable share of the W-2 wages of the
partnership or S corporation for the taxable year (as determined under
regulations prescribed by the Secretary).'.
(2) CONFORMING AMENDMENT- Paragraph (2) of section 199(a) is
amended by striking `and subsection (d)(1)'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning after the date of the enactment of this Act.
SEC. 515. MODIFICATION OF EXCLUSION FOR CITIZENS LIVING
ABROAD.
(a) Inflation Adjustment of Foreign Earned Income Limitation- Clause (ii) of section
911(b)(2)(D) (relating to inflation adjustment) is amended-(1) by striking `2007' and inserting `2005', and
(2) by striking `2006' in subclause (II) and inserting `2004'.
(b) Modification of Housing Cost Amount(1) MODIFICATION OF HOUSING COST FLOOR- Clause (i) of section
911(c)(1)(B) is amended to read as follows:
`(i) 16 percent of the amount (computed on a daily basis) in effect under
subsection (b)(2)(D) for the calendar year in which such taxable year
begins, multiplied by'.
(2) MAXIMUM AMOUNT OF EXCLUSION(A) IN GENERAL- Subparagraph (A) of section 911(c)(1) is amended by
inserting `to the extent such expenses do not exceed the amount determined
under paragraph (2)' after `the taxable year'.
44
(B) LIMITATION- Subsection (c) of section 911 is amended by
redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
and by inserting after paragraph (1) the following new paragraph:
`(2) LIMITATION`(A) IN GENERAL- The amount determined under this paragraph is an
amount equal to the product of-`(i) 30 percent (adjusted as may be provided under subparagraph (B)) of
the amount (computed on a daily basis) in effect under subsection
(b)(2)(D) for the calendar year in which the taxable year of the individual
begins, multiplied by
`(ii) the number of days of such taxable year within the applicable period
described in subparagraph (A) or (B) of subsection (d)(1).
`(B) REGULATIONS- The Secretary may issue regulations or other
guidance providing for the adjustment of the percentage under subparagraph
(A)(i) on the basis of geographic differences in housing costs relative to
housing costs in the United States.'.
(C) CONFORMING AMENDMENTS(i) Section 911(d)(4) is amended by striking `and (c)(1)(B)(ii)' and
inserting `, (c)(1)(B)(ii), and (c)(2)(A)(ii)'.
(ii) Section 911(d)(7) is amended by striking `subsection (c)(3)' and
inserting `subsection (c)(4)'.
(c) Rates of Tax Applicable to Nonexcluded Income- Section 911 (relating to
exclusion of certain income of citizens and residents of the United States living
abroad) is amended by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
`(f) Determination of Tax Liability on Nonexcluded Amounts- For purposes of this
chapter, if any amount is excluded from the gross income of a taxpayer under
subsection (a) for any taxable year, then, notwithstanding section 1 or 55-`(1) the tax imposed by section 1 on the taxpayer for such taxable year shall be
equal to the excess (if any) of-`(A) the tax which would be imposed by section 1 for the taxable year if the
taxpayer's taxable income were increased by the amount excluded under
subsection (a) for the taxable year, over
`(B) the tax which would be imposed by section 1 for the taxable year if the
taxpayer's taxable income were equal to the amount excluded under
subsection (a) for the taxable year, and
`(2) the tentative minimum tax under section 55 for such taxable year shall be
equal to the excess (if any) of-`(A) the amount which would be such tentative minimum tax for the taxable
year if the taxpayer's taxable excess were increased by the amount excluded
under subsection (a) for the taxable year, over
`(B) the amount which would be such tentative minimum tax for the taxable
year if the taxpayer's taxable excess were equal to the amount excluded
under subsection (a) for the taxable year.
45
For purposes of this subsection, the amount excluded under subsection (a) shall be
reduced by the aggregate amount of any deductions or exclusions disallowed under
subsection (d)(6) with respect to such excluded amount.'.
(d) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2005.
SEC. 516. TAX INVOLVEMENT OF ACCOMMODATION PARTIES IN TAX
SHELTER TRANSACTIONS.
(a) Imposition of Excise Tax(1) IN GENERAL- Chapter 42 (relating to private foundations and certain other
tax-exempt organizations) is amended by adding at the end the following new
subchapter:
`Subchapter F--Tax Shelter Transactions
`Sec. 4965. Excise tax on certain tax-exempt entities entering into prohibited tax
shelter transactions.
`SEC. 4965. EXCISE TAX ON CERTAIN TAX-EXEMPT ENTITIES ENTERING
INTO PROHIBITED TAX SHELTER TRANSACTIONS.
`(a) Being a Party to and Approval of Prohibited Transactions`(1) TAX-EXEMPT ENTITY`(A) IN GENERAL- If a transaction is a prohibited tax shelter transaction at
the time any tax-exempt entity described in paragraph (1), (2), or (3) of
subsection (c) becomes a party to the transaction, such entity shall pay a tax
for the taxable year in which the entity becomes such a party and any
subsequent taxable year in the amount determined under subsection (b)(1).
`(B) POST-TRANSACTION DETERMINATION- If any tax-exempt entity
described in paragraph (1), (2), or (3) of subsection (c) is a party to a
subsequently listed transaction at any time during a taxable year, such entity
shall pay a tax for such taxable year in the amount determined under
subsection (b)(1).
`(2) ENTITY MANAGER- If any entity manager of a tax-exempt entity
approves such entity as (or otherwise causes such entity to be) a party to a
prohibited tax shelter transaction at any time during the taxable year and knows
or has reason to know that the transaction is a prohibited tax shelter transaction,
such manager shall pay a tax for such taxable year in the amount determined
under subsection (b)(2).
`(b) Amount of Tax`(1) ENTITY- In the case of a tax-exempt entity-`(A) IN GENERAL- Except as provided in subparagraph (B), the amount of
the tax imposed under subsection (a)(1) with respect to any transaction for a
46
taxable year shall be an amount equal to the product of the highest rate of tax
under section 11, and the greater of-`(i) the entity's net income (after taking into account any tax imposed by
this subtitle (other than by this section) with respect to such transaction)
for such taxable year which-`(I) in the case of a prohibited tax shelter transaction (other than a
subsequently listed transaction), is attributable to such transaction, or
`(II) in the case of a subsequently listed transaction, is attributable to
such transaction and which is properly allocable to the period
beginning on the later of the date such transaction is identified by
guidance as a listed transaction by the Secretary or the first day of the
taxable year, or
`(ii) 75 percent of the proceeds received by the entity for the taxable year
which-`(I) in the case of a prohibited tax shelter transaction (other than a
subsequently listed transaction), are attributable to such transaction,
or
`(II) in the case of a subsequently listed transaction, are attributable to
such transaction and which are properly allocable to the period
beginning on the later of the date such transaction is identified by
guidance as a listed transaction by the Secretary or the first day of the
taxable year.
`(B) INCREASE IN TAX FOR CERTAIN KNOWING TRANSACTIONSIn the case of a tax-exempt entity which knew, or had reason to know, a
transaction was a prohibited tax shelter transaction at the time the entity
became a party to the transaction, the amount of the tax imposed under
subsection (a)(1)(A) with respect to any transaction for a taxable year shall
be the greater of-`(i) 100 percent of the entity's net income (after taking into account any
tax imposed by this subtitle (other than by this section) with respect to
the prohibited tax shelter transaction) for such taxable year which is
attributable to the prohibited tax shelter transaction, or
`(ii) 75 percent of the proceeds received by the entity for the taxable year
which are attributable to the prohibited tax shelter transaction.
This subparagraph shall not apply to any prohibited tax shelter transaction to
which a tax-exempt entity became a party on or before the date of the
enactment of this section.
`(2) ENTITY MANAGER- In the case of each entity manager, the amount of the
tax imposed under subsection (a)(2) shall be $20,000 for each approval (or other
act causing participation) described in subsection (a)(2).
`(c) Tax-Exempt Entity- For purposes of this section, the term `tax-exempt entity'
means an entity which is-`(1) described in section 501(c) or 501(d),
`(2) described in section 170(c) (other than the United States),
47
`(3) an Indian tribal government (within the meaning of section 7701(a)(40)),
`(4) described in paragraph (1), (2), or (3) of section 4979(e),
`(5) a program described in section 529,
`(6) an eligible deferred compensation plan described in section 457(b) which is
maintained by an employer described in section 4457(e)(1)(A), or
`(7) an arrangement described in section 4973(a).
`(d) Entity Manager- For purposes of this section, the term `entity manager' means-`(1) in the case of an entity described in paragraph (1), (2), or (3) of subsection
(c)-`(A) the person with authority or responsibility similar to that exercised by
an officer, director, or trustee of an organization, and
`(B) with respect to any act, the person having authority or responsibility
with respect to such act, and
`(2) in the case of an entity described in paragraph (4), (5), (6), or (7) of
subsection (c), the person who approves or otherwise causes the entity to be a
party to the prohibited tax shelter transaction.
`(e) Prohibited Tax Shelter Transaction; Subsequently Listed Transaction- For
purposes of this section-`(1) PROHIBITED TAX SHELTER TRANSACTION`(A) IN GENERAL- The term `prohibited tax shelter transaction' means-`(i) any listed transaction, and
`(ii) any prohibited reportable transaction.
`(B) LISTED TRANSACTION- The term `listed transaction' has the
meaning given such term by section 6707A(c)(2).
`(C) PROHIBITED REPORTABLE TRANSACTION- The term `prohibited
reportable transaction' means any confidential transaction or any transaction
with contractual protection (as defined under regulations prescribed by the
Secretary) which is a reportable transaction (as defined in section
6707A(c)(1)).
`(2) SUBSEQUENTLY LISTED TRANSACTION- The term `subsequently
listed transaction' means any transaction to which a tax-exempt entity is a party
and which is determined by the Secretary to be a listed transaction at any time
after the entity has become a party to the transaction. Such term shall not include
a transaction which is a prohibited reportable transaction at the time the entity
became a party to the transaction.
`(f) Regulatory Authority- The Secretary is authorized to promulgate regulations
which provide guidance regarding the determination of the allocation of net income
or proceeds of a tax-exempt entity attributable to a transaction to various periods,
including before and after the listing of the transaction or the date which is 90 days
after the date of the enactment of this section.
`(g) Coordination With Other Taxes and Penalties- The tax imposed by this section
is in addition to any other tax, addition to tax, or penalty imposed under this title.'.
(2) CONFORMING AMENDMENT- The table of subchapters for chapter 42 is
amended by adding at the end the following new item:
48
`SUBCHAPTER F. TAX SHELTER TRANSACTIONS.'
(b) Disclosure Requirements(1) DISCLOSURE BY ENTITY TO THE INTERNAL REVENUE SERVICE(A) IN GENERAL- Section 6033(a) (relating to organizations required to
file) is amended by redesignating paragraph (2) as paragraph (3) and by
inserting after paragraph (1) the following new paragraph:
`(2) BEING A PARTY TO CERTAIN REPORTABLE TRANSACTIONSEvery tax-exempt entity described in section 4965(c) shall file (in such form and
manner and at such time as determined by the Secretary) a disclosure of-`(A) such entity's being a party to any prohibited tax shelter transaction (as
defined in section 4965(e)), and
`(B) the identity of any other party to such transaction which is known by
such tax-exempt entity.'.
(B) CONFORMING AMENDMENT- Section 6033(a)(1) is amended by
striking `paragraph (2)' and inserting `paragraph (3)'.
(2) DISCLOSURE BY OTHER TAXPAYERS TO THE TAX-EXEMPT
ENTITY- Section 6011 (relating to general requirement of return, statement, or
list) is amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
`(g) Disclosure of Reportable Transaction to Tax-Exempt Entity- Any taxable party
to a prohibited tax shelter transaction (as defined in section 4965(e)(1)) shall by
statement disclose to any tax-exempt entity (as defined in section 4965(c)) which is
a party to such transaction that such transaction is such a prohibited tax shelter
transaction.'.
(c) Penalty for Nondisclosure(1) IN GENERAL- Section 6652(c) (relating to returns by exempt organizations
and by certain trusts) is amended by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively, and by inserting after paragraph (2) the
following new paragraph:
`(3) DISCLOSURE UNDER SECTION 6033(a)(2)`(A) PENALTY ON ENTITIES- In the case of a failure to file a disclosure
required under section 6033(a)(2), there shall be paid by the tax-exempt
entity (the entity manager in the case of a tax-exempt entity described in
paragraph (4), (5), (6), or (7) of section 4965(c)) $100 for each day during
which such failure continues.
The maximum penalty under this subparagraph on failures with respect to any 1
disclosure shall not exceed $50,000.
`(B) WRITTEN DEMAND`(i) IN GENERAL- The Secretary may make a written demand on any
entity or manager subject to penalty under subparagraph (A) specifying
therein a reasonable future date by which the disclosure shall be filed for
purposes of this subparagraph.
49
`(ii) FAILURE TO COMPLY WITH DEMAND- If any entity or
manager fails to comply with any demand under clause (i) on or before
the date specified in such demand, there shall be paid by such entity or
manager failing to so comply $100 for each day after the expiration of
the time specified in such demand during which such failure continues.
The maximum penalty imposed under this subparagraph on all entities
and managers for failures with respect to any 1 disclosure shall not
exceed $10,000.
`(C) DEFINITIONS- Any term used in this section which is also used in
section 4965 shall have the meaning given such term under section 4965.'.
(2) CONFORMING AMENDMENT- Paragraph (1) of section 6652(c) is
amended by striking `6033' each place it appears in the text and heading thereof
and inserting `6033(a)(1)'.
(d) Effective Dates(1) IN GENERAL- Except as provided in paragraph (2), the amendments made
by this section shall apply to taxable years ending after the date of the enactment
of this Act, with respect to transactions before, on, or after such date, except that
no tax under section 4965(a) of the Internal Revenue Code of 1986 (as added by
this section) shall apply with respect to income or proceeds that are properly
allocable to any period ending on or before the date which is 90 days after such
date of enactment.
(2) DISCLOSURE- The amendments made by subsections (b) and (c) shall
apply to disclosures the due date for which are after the date of the enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate
50
VII. Heroes Earned Retirement Opportunities Act
(This section was copied from Thomas Library of Congress: full details available
at http://thomas.loc.gov)
Heroes Earned Retirement Opportunities Act (Enrolled as Agreed to or Passed by
Both House and Senate)
--H.R.1499-H.R.1499
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the third day of January, two
thousand and six
An Act
To amend the Internal Revenue Code of 1986 to allow members of the Armed Forces
serving in a combat zone to make contributions to their individual retirement plans even if
the compensation on which such contribution is based is excluded from gross income, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Heroes Earned Retirement Opportunities Act' .
SEC. 2. COMBAT ZONE COMPENSATION TAKEN INTO ACCOUNT FOR
PURPOSES OF DETERMINING LIMITATION AND DEDUCTIBILITY OF
CONTRIBUTIONS TO INDIVIDUAL RETIREMENT PLANS.
(a) In General- Subsection (f) of section 219 of the Internal Revenue Code of 1986 is
amended by redesignating paragraph (7) as paragraph (8) and by inserting after
paragraph (6) the following new paragraph:
`(7) SPECIAL RULE FOR COMPENSATION EARNED BY MEMBERS OF
THE ARMED FORCES FOR SERVICE IN A COMBAT ZONE- For purposes
51
of subsections (b)(1)(B) and (c), the amount of compensation includible in an
individual's gross income shall be determined without regard to section 112.'.
(b) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2003.
(c) CONTRIBUTIONS FOR TAXABLE YEARS ENDING BEFORE
ENACTMENT(1) IN GENERAL- In the case of any taxpayer with respect to whom
compensation was excluded from gross income under section 112 of the Internal
Revenue Code of 1986 for any taxable year beginning after December 31, 2003,
and ending before the date of the enactment of this Act , any contribution to an
individual retirement plan made on account of such taxable year and not later
than the last day of the 3-year period beginning on the date of the enactment of
this Act shall be treated, for purposes of such Code, as having been made on the
last day of such taxable year.
(2) WAIVER OF LIMITATIONS(A) CREDIT OR REFUND- If the credit or refund of any overpayment of
tax resulting from a contribution to which paragraph (1) applies is prevented
at any time by the operation of any law or rule of law (including res
judicata), such credit or refund may nevertheless be allowed or made if the
claim therefor is filed before the close of the 1-year period beginning on the
date that such contribution is made (determined without regard to paragraph
(1)).
(B) ASSESSMENT OF DEFICIENCY- The period for assessing a
deficiency attributable to a contribution to which paragraph (1) applies shall
not expire before the close of the 3-year period beginning on the date that
such contribution is made. Such deficiency may be assessed before the
expiration of such 3-year period notwithstanding the provisions of any other
law or rule of law which would otherwise prevent such assessment.
(3) INDIVIDUAL RETIREMENT PLAN DEFINED- For purposes of this
subsection, the term `individual retirement plan' has the meaning given such
term by section 7701(a)(37) of such Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
52
VIII. Pension Protection Act of 2006 –H.R.4
(This section was copied from Thomas Library of Congress: full details available
at http://thomas.loc.gov)
H.R.4
Pension Protection Act of 2006 (Enrolled as Agreed to or Passed by Both House and
Senate)
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
Sec. 1. Short title and table of contents.
TITLE I--REFORM OF FUNDING RULES FOR SINGLE-EMPLOYER DEFINED
BENEFIT PENSION PLANS
SEC. 101. MINIMUM FUNDING STANDARDS.
`SEC. 302. MINIMUM FUNDING STANDARDS.
SEC. 102. FUNDING RULES FOR SINGLE-EMPLOYER DEFINED BENEFIT
PENSION PLANS.
`SEC. 303. MINIMUM FUNDING STANDARDS FOR SINGLE-EMPLOYER
DEFINED BENEFIT PENSION PLANS.
SEC. 103. BENEFIT LIMITATIONS UNDER SINGLE-EMPLOYER PLANS.
SEC. 104. SPECIAL RULES FOR MULTIPLE EMPLOYER PLANS OF CERTAIN
COOPERATIVES.
SEC. 105. TEMPORARY RELIEF FOR CERTAIN PBGC SETTLEMENT PLANS.
SEC. 106. SPECIAL RULES FOR PLANS OF CERTAIN GOVERNMENT
CONTRACTORS.
SEC. 107. TECHNICAL AND CONFORMING AMENDMENTS.
SEC. 111. MINIMUM FUNDING STANDARDS.
`SEC. 412. MINIMUM FUNDING STANDARDS.
53
SEC. 112. FUNDING RULES FOR SINGLE-EMPLOYER DEFINED BENEFIT
PENSION PLANS.
`PART III--MINIMUM FUNDING STANDARDS FOR SINGLE-EMPLOYER DEFINED
BENEFIT PENSION PLANS
`SEC. 430. MINIMUM FUNDING STANDARDS FOR SINGLE-EMPLOYER
DEFINED BENEFIT PENSION PLANS.
SEC. 113. BENEFIT LIMITATIONS UNDER SINGLE-EMPLOYER PLANS.
`PART III--RULES RELATING TO MINIMUM FUNDING STANDARDS AND
BENEFIT LIMITATIONS
`SUBPART A. MINIMUM FUNDING STANDARDS FOR PENSION PLANS.
`SUBPART B. BENEFIT LIMITATIONS UNDER SINGLE-EMPLOYER PLANS.
`Subpart A--Minimum Funding Standards for Pension Plans
`Subpart B--Benefit Limitations Under Single-Employer Plans
`SEC. 436. FUNDING-BASED LIMITS ON BENEFITS AND BENEFIT ACCRUALS
UNDER SINGLE-EMPLOYER PLANS.
`Part III--Rules Relating to Minimum Funding Standards and Benefit Limitations'.
SEC. 114. TECHNICAL AND CONFORMING AMENDMENTS.
SEC. 115. MODIFICATION OF TRANSITION RULE TO PENSION FUNDING
REQUIREMENTS.
TITLE II--FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT PLANS
AND RELATED PROVISIONS
Subtitle A--Amendments to Employee Retirement Income Security Act of 1974
SEC. 201. FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT
PLANS.
`MINIMUM FUNDING STANDARDS FOR MULTIEMPLOYER PLANS
SEC. 202. ADDITIONAL FUNDING RULES FOR MULTIEMPLOYER PLANS IN
ENDANGERED OR CRITICAL STATUS.
`ADDITIONAL FUNDING RULES FOR MULTIEMPLOYER PLANS IN
ENDANGERED STATUS OR CRITICAL STATUS
SEC. 203. MEASURES TO FORESTALL INSOLVENCY OF MULTIEMPLOYER
PLANS.
54
SEC. 204. WITHDRAWAL LIABILITY REFORMS.
SEC. 205. PROHIBITION ON RETALIATION AGAINST EMPLOYERS
EXERCISING THEIR RIGHTS TO PETITION THE FEDERAL GOVERNMENT.
SEC. 206. SPECIAL RULE FOR CERTAIN BENEFITS FUNDED UNDER AN
AGREEMENT APPROVED BY THE PENSION BENEFIT GUARANTY
CORPORATION.
Subtitle B--Amendments to Internal Revenue Code of 1986
SEC. 211. FUNDING RULES FOR MULTIEMPLOYER DEFINED BENEFIT
PLANS.
`SEC. 431. MINIMUM FUNDING STANDARDS FOR MULTIEMPLOYER PLANS.
SEC. 212. ADDITIONAL FUNDING RULES FOR MULTIEMPLOYER PLANS IN
ENDANGERED OR CRITICAL STATUS.
`SEC. 432. ADDITIONAL FUNDING RULES FOR MULTIEMPLOYER PLANS IN
ENDANGERED STATUS OR CRITICAL STATUS.
SEC. 213. MEASURES TO FORESTALL INSOLVENCY OF MULTIEMPLOYER
PLANS.
SEC. 214. EXEMPTION FROM EXCISE TAXES FOR CERTAIN
MULTIEMPLOYER PENSION PLANS.
Subtitle C--Sunset of Additional Funding Rules
SEC. 221. SUNSET OF ADDITIONAL FUNDING RULES.
TITLE III--INTEREST RATE ASSUMPTIONS
SEC. 301. EXTENSION OF REPLACEMENT OF 30-YEAR TREASURY RATES.
SEC. 302. INTEREST RATE ASSUMPTION FOR DETERMINATION OF LUMP
SUM DISTRIBUTIONS.
SEC. 303. INTEREST RATE ASSUMPTION FOR APPLYING BENEFIT
LIMITATIONS TO LUMP SUM DISTRIBUTIONS.
TITLE IV--PBGC GUARANTEE AND RELATED PROVISIONS
SEC. 401. PBGC PREMIUMS.
55
SEC. 402. SPECIAL FUNDING RULES FOR CERTAIN PLANS MAINTAINED BY
COMMERCIAL AIRLINES.
SEC. 403. LIMITATION ON PBGC GUARANTEE OF SHUTDOWN AND OTHER
BENEFITS.
SEC. 404. RULES RELATING TO BANKRUPTCY OF EMPLOYER.
SEC. 405. PBGC PREMIUMS FOR SMALL PLANS.
SEC. 406. AUTHORIZATION FOR PBGC TO PAY INTEREST ON PREMIUM
OVERPAYMENT REFUNDS.
SEC. 407. RULES FOR SUBSTANTIAL OWNER BENEFITS IN TERMINATED
PLANS.
SEC. 408. ACCELERATION OF PBGC COMPUTATION OF BENEFITS
ATTRIBUTABLE TO RECOVERIES FROM EMPLOYERS.
SEC. 409. TREATMENT OF CERTAIN PLANS WHERE CESSATION OR
CHANGE IN MEMBERSHIP OF A CONTROLLED GROUP.
SEC. 410. MISSING PARTICIPANTS.
SEC. 411. DIRECTOR OF THE PENSION BENEFIT GUARANTY CORPORATION.
SEC. 412. INCLUSION OF INFORMATION IN THE PBGC ANNUAL REPORT.
TITLE V--DISCLOSURE
SEC. 501. DEFINED BENEFIT PLAN FUNDING NOTICE.
SEC. 502. ACCESS TO MULTIEMPLOYER PENSION PLAN INFORMATION.
SEC. 503. ADDITIONAL ANNUAL REPORTING REQUIREMENTS.
SEC. 504. ELECTRONIC DISPLAY OF ANNUAL REPORT INFORMATION.
SEC. 505. SECTION 4010 FILINGS WITH THE PBGC.
SEC. 506. DISCLOSURE OF TERMINATION INFORMATION TO PLAN
PARTICIPANTS.
56
SEC. 507. NOTICE OF FREEDOM TO DIVEST EMPLOYER SECURITIES.
SEC. 508. PERIODIC PENSION BENEFIT STATEMENTS.
SEC. 509. NOTICE TO PARTICIPANTS OR BENEFICIARIES OF BLACKOUT
PERIODS.
TITLE VI--INVESTMENT ADVICE, PROHIBITED TRANSACTIONS, AND
FIDUCIARY RULES
Subtitle A--Investment Advice
SEC. 601. PROHIBITED TRANSACTION EXEMPTION FOR PROVISION OF
INVESTMENT ADVICE.
Subtitle B--Prohibited Transactions
SEC. 611. PROHIBITED TRANSACTION RULES RELATING TO FINANCIAL
INVESTMENTS.
SEC. 612. CORRECTION PERIOD FOR CERTAIN TRANSACTIONS INVOLVING
SECURITIES AND COMMODITIES.
Subtitle C--Fiduciary and Other Rules
SEC. 622. INCREASE IN MAXIMUM BOND AMOUNT.
SEC. 623. INCREASE IN PENALTIES FOR COERCIVE INTERFERENCE WITH
EXERCISE OF ERISA RIGHTS.
SEC. 624. TREATMENT OF INVESTMENT OF ASSETS BY PLAN WHERE
PARTICIPANT FAILS TO EXERCISE INVESTMENT ELECTION.
SEC. 625. CLARIFICATION OF FIDUCIARY RULES.
TITLE VII--BENEFIT ACCRUAL STANDARDS
SEC. 701. BENEFIT ACCRUAL STANDARDS.
SEC. 702. REGULATIONS RELATING TO MERGERS AND ACQUISITIONS.
TITLE VIII--PENSION RELATED REVENUE PROVISIONS
57
Subtitle A--Deduction Limitations
SEC. 801. INCREASE IN DEDUCTION LIMIT FOR SINGLE-EMPLOYER PLANS.
SEC. 802. DEDUCTION LIMITS FOR MULTIEMPLOYER PLANS.
SEC. 803. UPDATING DEDUCTION RULES FOR COMBINATION OF PLANS.
Subtitle B--Certain Pension Provisions Made Permanent
SEC. 812. SAVER'S CREDIT.
Subtitle C--Improvements in Portability, Distribution, and Contribution Rules
SEC. 821. CLARIFICATIONS REGARDING PURCHASE OF PERMISSIVE
SERVICE CREDIT.
SEC. 822. ALLOW ROLLOVER OF AFTER-TAX AMOUNTS IN ANNUITY
CONTRACTS.
SEC. 823. CLARIFICATION OF MINIMUM DISTRIBUTION RULES FOR
GOVERNMENTAL PLANS.
SEC. 824. ALLOW DIRECT ROLLOVERS FROM RETIREMENT PLANS TO
ROTH IRAS.
SEC. 825. ELIGIBILITY FOR PARTICIPATION IN RETIREMENT PLANS.
SEC. 826. MODIFICATIONS OF RULES GOVERNING HARDSHIPS AND
UNFORSEEN FINANCIAL EMERGENCIES.
SEC. 827. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR
INDIVIDUALS CALLED TO ACTIVE DUTY FOR AT LEAST 179 DAYS.
SEC. 828. WAIVER OF 10 PERCENT EARLY WITHDRAWAL PENALTY TAX ON
CERTAIN DISTRIBUTIONS OF PENSION PLANS FOR PUBLIC SAFETY
EMPLOYEES.
SEC. 829. ALLOW ROLLOVERS BY NONSPOUSE BENEFICIARIES OF
CERTAIN RETIREMENT PLAN DISTRIBUTIONS.
SEC. 830. DIRECT PAYMENT OF TAX REFUNDS TO INDIVIDUAL
RETIREMENT PLANS.
58
SEC. 831. ALLOWANCE OF ADDITIONAL IRA PAYMENTS IN CERTAIN
BANKRUPTCY CASES.
SEC. 832. DETERMINATION OF AVERAGE COMPENSATION FOR SECTION
415 LIMITS.
SEC. 833. INFLATION INDEXING OF GROSS INCOME LIMITATIONS ON
CERTAIN RETIREMENT SAVINGS INCENTIVES.
Subtitle D--Health and Medical Benefits
SEC. 841. USE OF EXCESS PENSION ASSETS FOR FUTURE RETIREE HEALTH
BENEFITS AND COLLECTIVELY BARGAINED RETIREE HEALTH BENEFITS.
SEC. 842. TRANSFER OF EXCESS PENSION ASSETS TO MULTIEMPLOYER
HEALTH PLAN.
SEC. 843. ALLOWANCE OF RESERVE FOR MEDICAL BENEFITS OF PLANS
SPONSORED BY BONA FIDE ASSOCIATIONS.
SEC. 844. TREATMENT OF ANNUITY AND LIFE INSURANCE CONTRACTS
WITH A LONG-TERM CARE INSURANCE FEATURE.
`SEC. 6050U. CHARGES OR PAYMENTS FOR QUALIFIED LONG-TERM CARE
INSURANCE CONTRACTS UNDER COMBINED ARRANGEMENTS.
SEC. 845. DISTRIBUTIONS FROM GOVERNMENTAL RETIREMENT PLANS
FOR HEALTH AND LONG-TERM CARE INSURANCE FOR PUBLIC SAFETY
OFFICERS.
Subtitle E--United States Tax Court Modernization
SEC. 851. COST-OF-LIVING ADJUSTMENTS FOR TAX COURT JUDICIAL
SURVIVOR ANNUITIES.
SEC. 852. COST OF LIFE INSURANCE COVERAGE FOR TAX COURT JUDGES
AGE 65 OR OVER.
SEC. 853. PARTICIPATION OF TAX COURT JUDGES IN THE THRIFT SAVINGS
PLAN.
SEC. 854. ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT CHILDREN
OF SPECIAL TRIAL JUDGES OF THE TAX COURT.
59
SEC. 855. JURISDICTION OF TAX COURT OVER COLLECTION DUE PROCESS
CASES.
SEC. 856. PROVISIONS FOR RECALL.
`SEC. 7443B. RECALL OF SPECIAL TRIAL JUDGES OF THE TAX COURT.
SEC. 857. AUTHORITY FOR SPECIAL TRIAL JUDGES TO HEAR AND DECIDE
CERTAIN EMPLOYMENT STATUS CASES.
SEC. 858. CONFIRMATION OF AUTHORITY OF TAX COURT TO APPLY
DOCTRINE OF EQUITABLE RECOUPMENT.
SEC. 859. TAX COURT FILING FEE IN ALL CASES COMMENCED BY FILING
PETITION.
SEC. 860. EXPANDED USE OF TAX COURT PRACTICE FEE FOR PRO SE
TAXPAYERS.
Subtitle F--Other Provisions
SEC. 862. ELIMINATION OF AGGREGATE LIMIT FOR USAGE OF EXCESS
FUNDS FROM BLACK LUNG DISABILITY TRUSTS.
SEC. 863. TREATMENT OF DEATH BENEFITS FROM CORPORATE-OWNED
LIFE INSURANCE.
`SEC. 6039I. RETURNS AND RECORDS WITH RESPECT TO EMPLOYEROWNED LIFE INSURANCE CONTRACTS.
SEC. 865. GRANDFATHER RULE FOR CHURCH PLANS WHICH SELFANNUITIZE.
SEC. 866. EXEMPTION FOR INCOME FROM LEVERAGED REAL ESTATE
HELD BY CHURCH PLANS.
SEC. 867. CHURCH PLAN RULE.
SEC. 868. GRATUITOUS TRANSFER FOR BENEFITS OF EMPLOYEES.
TITLE IX--INCREASE IN PENSION PLAN DIVERSIFICATION AND
PARTICIPATION AND OTHER PENSION PROVISIONS
SEC. 901. DEFINED CONTRIBUTION PLANS REQUIRED TO PROVIDE
EMPLOYEES WITH FREEDOM TO INVEST THEIR PLAN ASSETS.
60
SEC. 902. INCREASING PARTICIPATION THROUGH AUTOMATIC
CONTRIBUTION ARRANGEMENTS.
SEC. 903. TREATMENT OF ELIGIBLE COMBINED DEFINED BENEFIT PLANS
AND QUALIFIED CASH OR DEFERRED ARRANGEMENTS.
`SEC. 210. MULTIPLE EMPLOYER PLANS AND OTHER SPECIAL RULES.'.
SEC. 904. FASTER VESTING OF EMPLOYER NONELECTIVE CONTRIBUTIONS.
SEC. 905. DISTRIBUTIONS DURING WORKING RETIREMENT.
SEC. 906. TREATMENT OF CERTAIN PENSION PLANS OF INDIAN TRIBAL
GOVERNMENTS.
TITLE X--PROVISIONS RELATING TO SPOUSAL PENSION PROTECTION
SEC. 1001. REGULATIONS ON TIME AND ORDER OF ISSUANCE OF
DOMESTIC RELATIONS ORDERS.
SEC. 1002. ENTITLEMENT OF DIVORCED SPOUSES TO RAILROAD
RETIREMENT ANNUITIES INDEPENDENT OF ACTUAL ENTITLEMENT OF
EMPLOYEE.
SEC. 1003. EXTENSION OF TIER II RAILROAD RETIREMENT BENEFITS TO
SURVIVING FORMER SPOUSES PURSUANT TO DIVORCE AGREEMENTS.
SEC. 1004. REQUIREMENT FOR ADDITIONAL SURVIVOR ANNUITY OPTION.
TITLE XI--ADMINISTRATIVE PROVISIONS
SEC. 1101. EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM.
SEC. 1102. NOTICE AND CONSENT PERIOD REGARDING DISTRIBUTIONS.
SEC. 1103. REPORTING SIMPLIFICATION.
SEC. 1105. NO REDUCTION IN UNEMPLOYMENT COMPENSATION AS A
RESULT OF PENSION ROLLOVERS.
SEC. 1106. REVOCATION OF ELECTION RELATING TO TREATMENT AS
MULTIEMPLOYER PLAN.
61
SEC. 1107. PROVISIONS RELATING TO PLAN AMENDMENTS.
TITLE XII--PROVISIONS RELATING TO EXEMPT ORGANIZATIONS
Subtitle A--Charitable Giving Incentives
SEC. 1201. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.
`SEC. 6034. RETURNS BY CERTAIN TRUSTS.
SEC. 1202. EXTENSION OF MODIFICATION OF CHARITABLE DEDUCTION
FOR CONTRIBUTIONS OF FOOD INVENTORY.
SEC. 1203. BASIS ADJUSTMENT TO STOCK OF S CORPORATION
CONTRIBUTING PROPERTY.
SEC. 1204. EXTENSION OF MODIFICATION OF CHARITABLE DEDUCTION
FOR CONTRIBUTIONS OF BOOK INVENTORY.
SEC. 1205. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.
SEC. 1206. ENCOURAGEMENT OF CONTRIBUTIONS OF CAPITAL GAIN REAL
PROPERTY MADE FOR CONSERVATION PURPOSES.
SEC. 1207. EXCISE TAXES EXEMPTION FOR BLOOD COLLECTOR
ORGANIZATIONS.
Subtitle B--Reforming Exempt Organizations
PART 1--GENERAL REFORMS
`SEC. 6050V. RETURNS RELATING TO APPLICABLE INSURANCE
CONTRACTS IN WHICH CERTAIN EXEMPT ORGANIZATIONS HOLD
INTERESTS.
SEC. 1212. INCREASE IN PENALTY EXCISE TAXES RELATING TO PUBLIC
CHARITIES, SOCIAL WELFARE ORGANIZATIONS, AND PRIVATE
FOUNDATIONS.
SEC. 1214. CHARITABLE CONTRIBUTIONS OF TAXIDERMY PROPERTY.
62
SEC. 1215. RECAPTURE OF TAX BENEFIT FOR CHARITABLE
CONTRIBUTIONS OF EXEMPT USE PROPERTY NOT USED FOR AN EXEMPT
USE.
`SEC. 6720B. FRAUDULENT IDENTIFICATION OF EXEMPT USE PROPERTY.
SEC. 1216. LIMITATION OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS
OF CLOTHING AND HOUSEHOLD ITEMS.
SEC. 1217. MODIFICATION OF RECORDKEEPING REQUIREMENTS FOR
CERTAIN CHARITABLE CONTRIBUTIONS.
SEC. 1218. CONTRIBUTIONS OF FRACTIONAL INTERESTS IN TANGIBLE
PERSONAL PROPERTY.
SEC. 1219. PROVISIONS RELATING TO SUBSTANTIAL AND GROSS
OVERSTATEMENTS OF VALUATIONS.
`SEC. 6695A. SUBSTANTIAL AND GROSS VALUATION MISSTATEMENTS
ATTRIBUTABLE TO INCORRECT APPRAISALS.
SEC. 1220. ADDITIONAL STANDARDS FOR CREDIT COUNSELING
ORGANIZATIONS.
SEC. 1221. EXPANSION OF THE BASE OF TAX ON PRIVATE FOUNDATION
NET INVESTMENT INCOME.
SEC. 1222. DEFINITION OF CONVENTION OR ASSOCIATION OF CHURCHES.
SEC. 1223. NOTIFICATION REQUIREMENT FOR ENTITIES NOT CURRENTLY
REQUIRED TO FILE.
SEC. 1224. DISCLOSURE TO STATE OFFICIALS RELATING TO EXEMPT
ORGANIZATIONS.
SEC. 1225. PUBLIC DISCLOSURE OF INFORMATION RELATING TO
UNRELATED BUSINESS INCOME TAX RETURNS.
SEC. 1226. STUDY ON DONOR ADVISED FUNDS AND SUPPORTING
ORGANIZATIONS.
PART 2--IMPROVED ACCOUNTABILITY OF DONOR ADVISED FUNDS
SEC. 1231. EXCISE TAXES RELATING TO DONOR ADVISED FUNDS.
63
`Subchapter G--Donor Advised Funds
`SEC. 4966. TAXES ON TAXABLE DISTRIBUTIONS.
`SEC. 4967. TAXES ON PROHIBITED BENEFITS.
`SUBCHAPTER G--DONOR ADVISED FUNDS'.
SEC. 1232. EXCESS BENEFIT TRANSACTIONS INVOLVING DONOR ADVISED
FUNDS AND SPONSORING ORGANIZATIONS.
SEC. 1233. EXCESS BUSINESS HOLDINGS OF DONOR ADVISED FUNDS.
SEC. 1234. TREATMENT OF CHARITABLE CONTRIBUTION DEDUCTIONS TO
DONOR ADVISED FUNDS.
SEC. 1235. RETURNS OF, AND APPLICATIONS FOR RECOGNITION BY,
SPONSORING ORGANIZATIONS.
PART 3--IMPROVED ACCOUNTABILITY OF SUPPORTING ORGANIZATIONS
SEC. 1241. REQUIREMENTS FOR SUPPORTING ORGANIZATIONS.
SEC. 1242. EXCESS BENEFIT TRANSACTIONS INVOLVING SUPPORTING
ORGANIZATIONS.
SEC. 1243. EXCESS BUSINESS HOLDINGS OF SUPPORTING ORGANIZATIONS.
SEC. 1244. TREATMENT OF AMOUNTS PAID TO SUPPORTING
ORGANIZATIONS BY PRIVATE FOUNDATIONS.
SEC. 1245. RETURNS OF SUPPORTING ORGANIZATIONS.
TITLE XIII--OTHER PROVISIONS
SEC. 1301. TECHNICAL CORRECTIONS RELATING TO MINE SAFETY.
SEC. 1302. GOING-TO-THE-SUN ROAD.
SEC. 1303. EXCEPTION TO THE LOCAL FURNISHING REQUIREMENT OF THE
TAX-EXEMPT BOND RULES.
SEC. 1304. QUALIFIED TUITION PROGRAMS.
64
TITLE XIV--TARIFF PROVISIONS
Sec. 1401. Short title; table of contents.
Sec. 1417. Sorbic acid.
Sec. 1420. Certain capers.
Sec. 1423. Chloral.
Sec. 1430. Fenamidone.
Sec. 1435. Crotonaldehyde.
Sec. 1436. Butanedioic acid, dimethyl ester, polymer with 4-hydroxy-2,2,6,6,tetramethyl-1-piperidineethanol.
Sec. 1437. Mixtures of CAS Nos. 106990-43-6 and 65447-77-0.
Sec. 1439. Bronate advanced.
Sec. 1440. Bromoxynil octanoate tech.
Sec. 1441. Bromoxynil meo.
Sec. 1442. Hydraulic control units.
Sec. 1443. Shield asy-steering gear.
Sec. 1444. 2,4-Dichloroaniline.
Sec. 1445. 2-Acetylbutyrolactone.
Sec. 1446. Alkylketone.
Sec. 1450. Spiroxamine.
Sec. 1451. Spiromesifen.
Sec. 1480. MKH 6561 isocyanate.
Sec. 1481. Endosulfan.
65
Sec. 1490. Cosmetic bags with a flexible outer surface of reinforced or laminated
polyvinyl chloride (PVC).
Sec. 1492. Ethyl 4,5-dihydro-5,5-diphenyl-1,2-oxazole-3-carboxylate (isoxadifen-ethyl).
Sec. 1504. Lewatit.
Sec. 1551. Indoxacarb.
Sec. 1552. Dimethyl carbonate.
Sec. 1553. 5-Chloro-1-indanone (EK179).
Sec. 1554. Mixtures of famoxadone and cymoxanil.
Sec. 1601. Certain footwear for men.
SEC. 1402. REFERENCE.
Subtitle A--Temporary Duty Suspensions and Reductions
CHAPTER 1--NEW DUTY SUSPENSIONS AND REDUCTIONS
SEC. 1411. CERTAIN NON-KNIT GLOVES DESIGNED FOR USE BY AUTO
MECHANICS.
SEC. 1412. CERTAIN MICROPHONES FOR USE IN AUTOMOTIVE INTERIORS.
SEC. 1413. ACRYLIC OR MODACRYLIC SYNTHETIC FILAMENT TOW.
SEC. 1414. ACRYLIC OR MODACRYLIC SYNTHETIC STAPLE FIBERS,
CARDED, COMBED, OR OTHERWISE PROCESSED FOR SPINNING.
SEC. 1415. NITROCELLULOSE.
SEC. 1416. POTASSIUM SORBATE.
SEC. 1417. SORBIC ACID.
SEC. 1418. CERTAIN CAPERS.
SEC. 1419. CERTAIN PEPPERONCINI PREPARED OR PRESERVED OTHERWISE
THAN BY VINEGAR OR ACETIC ACID.
66
SEC. 1420. CERTAIN CAPERS.
SEC. 1421. CERTAIN PEPPERONCINI PREPARED OR PRESERVED BY
VINEGAR OR ACETIC ACID IN CONCENTRATIONS AT 0.5 PERCENT OR
GREATER.
SEC. 1423. CHLORAL.
SEC. 1424. IMIDACLOPRID TECHNICAL (IMIDACLOPRID).
SEC. 1425. TRIADIMEFON.
SEC. 1426. POLYETHYLENE HE1878.
SEC. 1427. THIACLOPRID.
SEC. 1428. PYRIMETHANIL.
SEC. 1429. FORAMSULFURON.
SEC. 1430. FENAMIDONE.
SEC. 1431. CYCLANILIDE TECHNICAL.
SEC. 1432. PARA-BENZOQUINONE.
SEC. 1433. O-ANISIDINE.
SEC. 1434. 2,4-XYLIDINE.
SEC. 1435. CROTONALDEHYDE.
SEC. 1436. BUTANEDIOIC ACID, DIMETHYL ESTER, POLYMER WITH 4HYDROXY-2,2,6,6,-TETRAMETHYL-1-PIPERIDINEETHANOL.
SEC. 1437. MIXTURES OF CAS NOS. 106990-43-6 AND 65447-77-0.
SEC. 1438. MCPA.
SEC. 1439. BRONATE ADVANCED.
SEC. 1440. BROMOXYNIL OCTANOATE TECH.
SEC. 1441. BROMOXYNIL MEO.
67
SEC. 1442. HYDRAULIC CONTROL UNITS.
SEC. 1443. SHIELD ASY-STEERING GEAR.
SEC. 1444. 2,4-DICHLOROANILINE.
SEC. 1445. 2-ACETYLBUTYROLACTONE.
SEC. 1446. ALKYLKETONE.
SEC. 1447. CYFLUTHRIN (BAYTHROID).
SEC. 1448. BETA-CYFLUTHRIN.
SEC. 1449. CYCLOPROPANE-1,1-DICARBOXYLIC ACID, DIMETHYL ESTER.
SEC. 1450. SPIROXAMINE.
SEC. 1451. SPIROMESIFEN.
SEC. 1452. 4-CHLOROBENZALDEHYDE.
SEC. 1453. OXADIAZON.
SEC. 1454. NAHP.
SEC. 1455. PHOSPHORUS THIOCHLORIDE.
SEC. 1456. TRIFLOXYSTROBIN.
SEC. 1457. PHOSPHORIC ACID, LANTHANUM SALT, CERIUM TERBIUMDOPED.
SEC. 1458. LUTETIUM OXIDE.
SEC. 1459. ACM.
SEC. 1460. PERMETHRIN.
SEC. 1461. THIDIAZURON.
SEC. 1462. FLUTOLANIL.
68
SEC. 1463. RESMETHRIN.
SEC. 1464. CLOTHIANIDIN.
SEC. 1465. CERTAIN MASTER CYLINDER ASSEMBLES.
SEC. 1466. CERTAIN TRANSAXLES.
SEC. 1467. CONVERTER ASY.
SEC. 1468. MODULE AND BRACKET ASY-POWER STEERING.
SEC. 1469. UNIT ASY-BATTERY HI VOLT.
SEC. 1470. CERTAIN ARTICLES OF NATURAL CORK.
SEC. 1471. GLYOXYLIC ACID.
SEC. 1472. CYCLOPENTANONE.
SEC. 1473. MESOTRIONE TECHNICAL.
SEC. 1474. MALONIC ACID-DINITRILE 50% NMP.
SEC. 1475. FORMULATIONS OF NOA 446510.
SEC. 1476. DEMBB DISTILLED-ISO TANK.
SEC. 1477. METHYLIONONE.
SEC. 1478. CERTAIN ACRYLIC FIBER TOW.
SEC. 1479. CERTAIN ACRYLIC FIBER TOW.
SEC. 1480. MKH 6561 ISOCYANATE.
SEC. 1481. ENDOSULFAN.
SEC. 1482. TETRACONAZOLE.
SEC. 1483. M-ALCOHOL.
SEC. 1484. CERTAIN MACHINES FOR USE IN THE ASSEMBLY OF
MOTORCYCLE WHEELS.
69
SEC. 1485. DELTAMETHRIN.
SEC. 1486. PALM FATTY ACID DISTILLATE.
SEC. 1487. 4-METHOXY-2-METHYLDIPHENYLAMINE.
SEC. 1488. 2-METHYLHYDROQUINONE.
SEC. 1489. 1-FLUORO-2-NITROBENZENE.
SEC. 1490. COSMETIC BAGS WITH A FLEXIBLE OUTER SURFACE OF
REINFORCED OR LAMINATED POLYVINYL CHLORIDE (PVC).
SEC. 1492. ETHYL 4,5-DIHYDRO-5,5-DIPHENYL-1,2-OXAZOLE-3CARBOXYLATE (ISOXADIFEN-ETHYL).
SEC. 1493. (5-CYCLOPROPYL-4-ISOXAZOLYL)[2-(METHYLSULFONYL)-4(TRIFLUOROMETHYL)PHENYL]METHANONE (ISOXAFLUTOLE).
SEC. 1495. MIXTURES OF FORAMSULFURON AND IODOSULFURONMETHYL-SODIUM.
SEC. 1496. VULCUREN UPKA 1988.
SEC. 1497. VULLCANOX 41010 NA/LG.
SEC. 1498. VULKAZON AFS/LG.
SEC. 1499. P-ANISALDEHYDE.
SEC. 1500. 1,2-PENTANEDIOL.
SEC. 1501. AGRUMEX.
SEC. 1502. COHEDUR RL.
SEC. 1503. FORMULATIONS OF PROSULFURON.
SEC. 1504. LEWATIT.
SEC. 1505. PARA-CHLOROPHENOL.
SEC. 1506. CYPERMETHRIN.
70
SEC. 1507. ION-EXCHANGE RESIN POWDER.
SEC. 1508. ION-EXCHANGE RESIN POWDER.
SEC. 1509. DESMODUR E 14.
SEC. 1510. DESMODUR VP LS 2253.
SEC. 1511. DESMODUR R-E.
SEC. 1512. WALOCEL MW 3000 PFV.
SEC. 1513. TSME.
SEC. 1514. WALOCEL VP-M 20660.
SEC. 1515. XAMA 2.
SEC. 1516. XAMA 7.
SEC. 1517. CERTAIN CASES FOR TOYS.
SEC. 1518. CERTAIN CASES FOR TOYS.
SEC. 1519. ANILINE 2.5-DISULFONIC ACID.
SEC. 1520. 1,4-BENZENEDICARBOXYLIC ACID, POLYMER WITH N,N-BIS(2AMINOETHYL)-1,2-ETHANEDIAMINE, CYCLIZED, METHOSULFATE.
SEC. 1521. SULFUR BLUE 7.
SEC. 1522. FORMALDEHYDE, REACTION PRODUCTS WITH 1,4BENZENEDIOL AND M-PHENYLENEDIAMINE, SULFURIZED.
SEC. 1523. ISOCYANATOSULFONYL.
SEC. 1524. ISOCYANATOSULFONYL.
SEC. 1525. GEMIFLOXACIN, GEMIFLOXACIN MESYLATE, AND
GEMIFLOXACIN MESYLATE SESQUIHYDRATE.
SEC. 1526. BUTRALIN.
71
SEC. 1527. SPIRODICLOFEN.
SEC. 1528. PROPAMOCARB HCL (PREVICUR).
SEC. 1529. DESMODUR IL.
SEC. 1530. CHLOROACETONE.
SEC. 1531. IPN (ISOPHTHALONITRILE).
SEC. 1532. NOA 446510 TECHNICAL.
SEC. 1533. HEXYTHIAZOX TECHNICAL.
SEC. 1534. CRELAN (SELF-BLOCKED CYCLOALIPHATIC POLYURETDIONE).
SEC. 1535. ASPIRIN.
SEC. 1536. DESMODUR BL XP 2468.
SEC. 1537. DESMODUR RF-E.
SEC. 1538. DESMODUR HL.
SEC. 1539. D-MANNOSE.
SEC. 1540. CERTAIN CAMEL HAIR.
SEC. 1541. WASTE OF CAMEL HAIR.
SEC. 1542. CERTAIN CAMEL HAIR.
SEC. 1543. WOVEN FABRIC OF VICUNA HAIR.
SEC. 1544. CERTAIN CAMEL HAIR.
SEC. 1545. NOILS OF CAMEL HAIR.
SEC. 1546. CHLOROACETIC ACID, ETHYL ESTER.
SEC. 1547. CHLOROACETIC ACID, SODIUM SALT.
SEC. 1548. LOW EXPANSION LABORATORY GLASS.
72
SEC. 1549. STOPPERS, LIDS, AND OTHER CLOSURES.
SEC. 1550. PIGMENT YELLOW 213.
SEC. 1551. INDOXACARB.
SEC. 1552. DIMETHYL CARBONATE.
SEC. 1553. 5-CHLORO-1-INDANONE (EK179).
SEC. 1554. MIXTURES OF FAMOXADONE AND CYMOXANIL.
SEC. 1555. DECANEDIOIC ACID, BIS(2,2,6,6-TETRAMETHYL-4-PIPERIDINYL)
ESTER.
SEC. 1556. ACID BLUE 80.
SEC. 1557. PIGMENT BROWN 25.
SEC. 1558. FORMULATIONS OF AZOXYSTROBIN.
SEC. 1559. FORMULATIONS OF PINOXADEN/CLOQUINTOCET.
SEC. 1560. MIXTURES OF DIFENOCONAZOLE/MEFENOXAM.
SEC. 1561. FLUDIOXINIL TECHNICAL.
SEC. 1562. MIXTURES OF CLODINAFOP-PROPARGYL.
SEC. 1563. AVERMECTIN B, 1,4"-DEOXY-4"-METHYLAMINO-, (4"R)-,
BENZOATE.
SEC. 1564. CLOQUINTOCET-MEXYL.
SEC. 1565. METALAXYL-M TECHNICAL.
SEC. 1566. CYPROCONAZOLE TECHNICAL.
SEC. 1567. PINOXADEN TECHNICAL.
SEC. 1568. MIXTURES OF TRALKOXYDIM.
SEC. 1569. CERTAIN CHEMICALS.
73
SEC. 1570. MIXTURES OF ()-(CIS AND TRANS)-1-[[2-(2,4-DICHLOROPHENYL)4-PROPYL-1,3-DIOXOLAN-2-YL]-METHYL]-1H-1,2,4-TRIAZOLE.
SEC. 1571. PARAQUAT DICHLORIDE.
SEC. 1572. CERTAIN BASKETBALLS.
SEC. 1573. CERTAIN LEATHER BASKETBALLS.
SEC. 1574. CERTAIN RUBBER BASKETBALLS.
SEC. 1575. CERTAIN VOLLEYBALLS.
SEC. 1576. 4-CHLORO-3-[[3-(4-METHOXYPHENYL)-1,3-DIOXOPROPYL]AMINO]-DODECYL ESTER.
SEC. 1577. LINURON.
SEC. 1578. N,N-DIMETHYLPIPERIDINIUM CHLORIDE (MEPIQUAT
CHLORIDE).
SEC. 1579. DIURON.
SEC. 1580. FORMULATED PRODUCT KROVAR I DF.
SEC. 1581. TRIASULFURON TECHNICAL.
SEC. 1582. BRODIFACOUM TECHNICAL.
SEC. 1583. PYMETROZINE TECHNICAL.
SEC. 1584. FORMULATIONS OF THIAMETHOXAM, DIFENOCONAZOLE,
FLUDIOXINIL, AND MEFENOXAM.
SEC. 1585. TRIFLOXYSULFURON-SODIUM TECHNICAL.
SEC. 1586. 2 BENZYLTHIO-3-ETHYL SULFONYL PYRIDINE.
SEC. 1587. 2-AMINO-4-METHOXY-6-METHYL-1,3,5-TRIAZINE.
SEC. 1589. 2-METHYL-4-METHOXY-6-METHYLAMINO-1,3,5-TRIAZINE.
74
SEC. 1590. MIXTURES OF SODIUM-2-CHLORO-6-[(4,6
DIMETHOXYPYRIMIDIN-2-YL)THIO]BENZOATE AND APPLICATION
ADJUVANTS (PYRITHIOBAC-SODIUM).
SEC. 1591. CERTAIN DECORATIVE PLATES, DECORATIVE SCULPTURES,
DECORATIVE PLAQUES, AND ARCHITECTURAL MINIATURES.
SEC. 1592. CERTAIN MUSIC BOXES.
SEC. 1593. 2-METHYL-4-CHLOROPHENOXYACETIC ACID.
SEC. 1594. PHENMEDIPHAM.
SEC. 1595. DESMEDIPHAM.
SEC. 1596. CERTAIN FOOTWEAR WITH OPEN TOES OR HEELS.
SEC. 1597. CERTAIN WORK FOOTWEAR.
SEC. 1598. CERTAIN REFRACTING AND REFLECTING TELESCOPES.
SEC. 1600. CERTAIN WORK FOOTWEAR.
SEC. 1601. CERTAIN FOOTWEAR FOR MEN.
SEC. 1602. CERTAIN RUBBER OR PLASTIC FOOTWEAR.
SEC. 1604. ZINC DIMETHYLDITHIOCARBAMATE.
SEC. 1605. CERTAIN LIQUID CRYSTAL DEVICE (LCD) PANEL ASSEMBLIES.
SEC. 1606. CERTAIN WATERTUBE BOILERS AND REACTOR VESSEL HEADS.
CHAPTER 2--EXISTING DUTY SUSPENSIONS AND REDUCTIONS
SEC. 1611. EXTENSION OF CERTAIN EXISTING DUTY SUSPENSIONS AND
REDUCTIONS.
Subtitle B--Other Tariff Provisions
CHAPTER 1--LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES
SEC. 1621. CERTAIN TRAMWAY CARS AND ASSOCIATED SPARE PARTS.
75
SEC. 1622. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES.
SEC. 1623. CERTAIN ENTRIES OF ROLLER CHAIN.
SEC. 1624. CERTAIN ENTRIES OF SOUNDSPA CLOCK RADIOS.
CHAPTER 2--MISCELLANEOUS PROVISIONS
SEC. 1631. VESSEL REPAIR DUTIES.
SEC. 1632. SUSPENSION OF NEW SHIPPER REVIEW PROVISION.
SEC. 1633. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON
WOOL PRODUCTS; WOOL RESEARCH FUND; WOOL DUTY REFUNDS.
SEC. 1634. AUTHORITIES RELATING TO DR-CAFTA AGREEMENT.
SEC. 1635. TECHNICAL AMENDMENTS TO CUSTOMS MODERNIZATION.
Subtitle C--Effective Date
SEC. 1641. EFFECTIVE DATE.
76