[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2778 Engrossed in House (EH)]
2d Session
H. R. 2778
_______________________________________________________________________
AN ACT
To provide that members of the Armed Forces performing services for
the peacekeeping efforts in Bosnia and Herzegovina, Croatia, and
Macedonia shall be entitled to tax benefits in the same manner as if
such services were performed in a combat zone, and for other purposes.
104th CONGRESS
2d Session
H. R. 2778
_______________________________________________________________________
AN ACT
To provide that members of the Armed Forces performing services for
the peacekeeping efforts in Bosnia and Herzegovina, Croatia, and
Macedonia shall be entitled to tax benefits in the same manner as if
such services were performed in a combat zone, 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. TREATMENT OF CERTAIN INDIVIDUALS PERFORMING SERVICES IN
CERTAIN HAZARDOUS DUTY AREAS.
(a) General Rule.--For purposes of the following provisions of the
Internal Revenue Code of 1986, a qualified hazardous duty area shall be
treated in the same manner as if it were a combat zone (as determined
under section 112 of such Code):
(1) Section 2(a)(3) (relating to special rule where
deceased spouse was in missing status).
(2) Section 112 (relating to the exclusion of certain
combat pay of members of the Armed Forces).
(3) Section 692 (relating to income taxes of members of
Armed Forces on death).
(4) Section 2201 (relating to members of the Armed Forces
dying in combat zone or by reason of combat-zone-incurred
wounds, etc.).
(5) Section 3401(a)(1) (defining wages relating to combat
pay for members of the Armed Forces).
(6) Section 4253(d) (relating to the taxation of phone
service originating from a combat zone from members of the
Armed Forces).
(7) Section 6013(f)(1) (relating to joint return where
individual is in missing status).
(8) Section 7508 (relating to time for performing certain
acts postponed by reason of service in combat zone).
(b) Qualified Hazardous Duty Area.--For purposes of this section,
the term ``qualified hazardous duty area'' means Bosnia and
Herzegovina, Croatia, or Macedonia, if as of the date of the enactment
of this section any member of the Armed Forces of the United States is
entitled to special pay under section 310 of title 37, United States
Code (relating to special pay; duty subject to hostile fire or imminent
danger) for services performed in such country. Such term includes any
such country only during the period such entitlement is in effect.
Solely for purposes of applying section 7508 of the Internal Revenue
Code of 1986, in the case of an individual who is performing services
as part of Operation Joint Endeavor outside the United States while
deployed away from such individual's permanent duty station, the term
``qualified hazardous duty area'' includes, during the period for which
such entitlement is in effect, any area in which such services are
performed.
(c) Exclusion of Combat Pay From Withholding Limited to Amount
Excludable From Gross Income.--Paragraph (1) of section 3401(a) of the
Internal Revenue Code of 1986 (defining wages) is amended by inserting
before the semicolon the following: ``to the extent remuneration for
such service is excludable from gross income under such section''.
(d) Increase in Combat Pay Exclusion for Officers to Highest Amount
Applicable to Enlisted Personnel.--
(1) In general.--Subsection (b) of section 112 of such Code
(relating to commissioned officers) is amended by striking
``$500'' and inserting ``the maximum enlisted amount''.
(2) Maximum enlisted amount.--Subsection (c) of section 112
of such Code (relating to definitions) is amended by adding at
the end the following new paragraph:
``(5) The term `maximum enlisted amount' means, for any
month, the sum of--
``(A) the highest rate of basic pay payable for
such month to any enlisted member of the Armed Forces
of the United States at the highest pay grade
applicable to enlisted members, and
``(B) in the case of an officer entitled to special
pay under section 310 of title 37, United States Code,
for such month, the amount of such special pay payable
to such officer for such month.''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
provisions of and amendments made by this section shall take
effect on November 21, 1995.
(2) Withholding.--Subsection (a)(5) and the amendment made
by subsection (c) shall apply to remuneration paid after the
date of the enactment of this Act.
SEC. 2. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.
Subsection (c) of section 10511 of the Revenue Act of 1987 is
amended by striking ``October 1, 2000'' and by inserting ``October 1,
2003''.
Passed the House of Representatives March 5, 1996.
Attest:
Clerk.