[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1382 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1382

  To amend the Internal Revenue Code of 1986 to provide that certain 
 educational benefits provided by an employer to children of employees 
        shall be excludable from gross income as a scholarship.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 1997

Mr. Levin (for himself and Mr. English of Pennsylvania) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to provide that certain 
 educational benefits provided by an employer to children of employees 
        shall be excludable from gross income as a scholarship.

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

SECTION 1. CERTAIN EDUCATIONAL BENEFITS PROVIDED BY AN EMPLOYER TO 
              CHILDREN OF EMPLOYEES EXCLUDABLE FROM GROSS INCOME AS A 
              SCHOLARSHIP.

    (a) In General.--Section 117 of the Internal Revenue Code of 1986 
(relating to qualified scholarships) is amended by adding at the end 
the following new subsection:
    ``(e) Employer-Provided Educational Benefits Provided to Children 
of Employees.--
            ``(1) In general.--In determining whether any amount is a 
        qualified scholarship for purposes of subsection (a), the fact 
        that such amount is provided in connection with an employment 
        relationship shall be disregarded if--
                    ``(A) such amount is provided by the employer to a 
                child (as defined in section 151(c)(3)) of an employee 
                of such employer,
                    ``(B) such amount is provided pursuant to a plan 
                which meets the nondiscrimination requirements of 
                subsection (d)(3), and
                    ``(C) amounts provided under such plan are in 
                addition to any other compensation payable to employees 
                and such plan does not provide employees with a choice 
                between such amounts and any other benefit.
        For purposes of subparagraph (C), the business practices of the 
        employer (as well as such plan) shall be taken into account.
            ``(2) Principal shareholders and owners.--Paragraph (1) 
        shall not apply to any amount provided to any child of any 
        individual if such individual (or such individual's spouse) 
        owns (on any day of the year) more than 5 percent of the stock 
        or of the capital or profits interest in the employer.
            ``(3) Degree requirement not to apply.--In the case of an 
        amount which is treated as a qualified scholarship by reason of 
        this subsection, subsection (a) shall be applied without regard 
        to the requirement that the recipient be a candidate for a 
        degree.
            ``(4) Certain other rules to apply.--Rules similar to the 
        rules of paragraphs (4), (5), and (7) of section 127(c) shall 
        apply for purposes of this subsection.''
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after the date of the enactment of this Act.
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