[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1406 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1406

    To amend the Internal Revenue Code of 1986 with respect to the 
   treatment of the rehabilitation credit under the passive activity 
                              limitation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 1993

Mrs. Kennelly (for herself, Mr. Shaw, Mr. Andrews of Texas, Mr. Matsui, 
and Mr. Gephardt) introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend the Internal Revenue Code of 1986 with respect to the 
   treatment of the rehabilitation credit under the passive activity 
                              limitation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY 
              LIMITATIONS.

    (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the 
Internal Revenue Code of 1986 (relating to $25,000 offset for rental 
real estate activities) are amended to read as follows:
            ``(2) Dollar limitations.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, the aggregate amount to which paragraph 
                (1) applies for any taxable year shall not exceed 
                $25,000 reduced (but not below zero) by 50 percent of 
                the amount (if any) by which the adjusted gross income 
                of the taxpayer for the taxable year exceeds $100,000.
                    ``(B) Phaseout not applicable to low-income housing 
                credit.--In the case of the portion of the passive 
                activity credit for any taxable year which is 
                attributable to any credit determined under section 
                42--
                            ``(i) subparagraph (A) shall not apply, and
                            ``(ii) paragraph (1) shall not apply to the 
                        extent that the deduction equivalent of such 
                        portion exceeds--
                                    ``(I) 25,000, reduced by
                                    ``(II) the aggregate amount of the 
                                passive activity loss (and the 
                                deduction equivalent of any passive 
                                activity credit which is not so 
                                attributable and is not attributable to 
                                the rehabilitation credit determined 
                                under section 47) to which paragraph 
                                (1) applies after the application of 
                                subparagraph (A).
                    ``(C) $65,000 limit for rehabilitation credits.--In 
                the case of the portion of the passive activity credit 
                for any taxable year which is attributable to the 
                rehabilitation credit determined under section 47--
                            ``(i) subparagraph (A) shall not apply, and
                            ``(ii) paragraph (1) shall not apply to the 
                        extent that the deduction equivalent of such 
                        portion exceeds--
                                    ``(I) $65,000, reduced by
                                    ``(II) the aggregate amount of the 
                                passive activity loss (and the 
                                deduction equivalent of any passive 
                                activity credit which is not so 
                                attributable) to which paragraph (1) 
                                applies for the taxable year after the 
                                application of subparagraphs (A) and 
                                (B).
            ``(3) Adjusted gross income.--For purposes of paragraph 
        (2)(A), adjusted gross income shall be determined without 
        regard to--
                    ``(A) any amount includable in gross income under 
                section 86,
                    ``(B) any amount excludable from gross income under 
                section 135,
                    ``(C) any amount allowable as a deduction under 
                section 219, and
                    ``(D) any passive activity loss.''
    (b) Conforming Amendments.--
            (1) Subparagraph (B) of section 469(i)(4) of such Code is 
        amended to read as follows:
                    ``(B) Reduction for surviving spouse's exemption.--
                For purposes of subparagraph (A), the $25,000 amounts 
                under paragraph (2)(A) and (2)(B)(ii) and the $65,000 
                amount under paragraph (2)(C)(ii) shall each be reduced 
                by the amount of the exemption under paragraph (1) 
                (determined without regard to the reduction contained 
                in paragraph (2)(A)) which is allowable to the 
                surviving spouse of the decedent for the taxable year 
                ending with or within the taxable year of the estate.''
            (2) Subparagraph (A) of section 469(i)(5) of such Code is 
        amended by striking clauses (i), (ii), and (iii) and inserting 
        the following:
                            ``(i) `$12,500' for `$25,000' in 
                        subparagraphs (A) and (B)(ii) of paragraph (2),
                            ``(ii) `$50,000' for `$100,000' in 
                        paragraph (2)(A)'', and
                            ``(iii) `$32,500' for `$65,000' in 
                        paragraph (2)(C)(ii).''
            (3) The subsection heading for subsection (i) of section 
        469 of such Code is amended by striking ``$25,000''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 1992, in taxable 
years ending after such date.

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