[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4685 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4685

To amend the Internal Revenue Code of 1986 to expand the exclusion for 
   qualified small business stock, to increase the annual limit with 
      respect to incentive stock options, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 1998

   Ms. Dunn 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 expand the exclusion for 
   qualified small business stock, to increase the annual limit with 
      respect to incentive stock options, 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. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO 
              QUALIFIED SMALL BUSINESS STOCK.

    (a) Increased Exclusion.--
            (1) In general.--Subsection (a) of section 1202 of the 
        Internal Revenue Code of 1986 (50-percent exclusion for gain 
        from certain small business stock) is amended--
                    (A) by striking ``50 percent'' and inserting ``75 
                percent'', and
                    (B) by striking ``50-Percent'' in the heading and 
                inserting ``75-Percent''.
            (2) Conforming amendments.--
                    (A) Paragraph (8) of section 1(h) of such Code is 
                amended to read as follows:
            ``(8) Section 1202 gain.--For purposes of this subsection, 
        the term `section 1202 gain' means an amount equal to 25 
        percent of the gain which would be excluded from gross income 
        under section 1202(a) without regard to the 75 percent 
        limitation in such section.''
                    (B) The heading for section 1202 of such Code is 
                amended by striking ``50-percent'' and inserting ``75-
                percent''.
                    (C) The table of sections for part I of subchapter 
                P of chapter 1 of such Code is amended by striking 
                ``50-percent'' in the item relating to section 1202 and 
                inserting ``75-percent''.
    (b) Reduction in Holding Period.--
            (1) In general.--Subsection (a) of section 1202 of such 
        Code is amended by striking ``5 years'' and inserting ``3 
        years''.
            (2) Conforming amendment.--Subsections (g)(2)(A) and 
        (j)(1)(A) of section 1202 of such Code are each amended by 
        striking ``5 years'' and inserting ``3 years''.
    (c) Exclusion Available to Corporations.--
            (1) In general.--Subsection (a) of section 1202 of such 
        Code is amended by striking ``other than a corporation''.
            (2) Technical amendment.--Subsection (c) of section 1202 of 
        such Code is amended by adding at the end the following new 
        paragraph:
            ``(4) Stock held among members of controlled group not 
        eligible.--Stock of a member of a parent-subsidiary controlled 
        group (as defined in subsection (d)(3)) shall not be treated as 
        qualified small business stock while held by another member of 
        such group.''
    (d) Repeal of Minimum Tax Preference.--
            (1) In general.--Subsection (a) of section 57 of such Code 
        (relating to items of tax preference) is amended by striking 
        paragraph (7).
            (2) Technical amendment.--Subclause (II) of section 
        53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), 
        and (7)'' and inserting ``and (5)''.
    (e) Stock of Larger Businesses Eligible for Exclusion.--
            (1) In general.--Paragraph (1) of section 1202(d) of such 
        Code (defining qualified small business) is amended by striking 
        ``$50,000,000'' each place it appears and inserting 
        ``$300,000,000''.
            (2) Inflation adjustment.--Section 1202(d) of such Code is 
        amended by adding at the end the following:
            ``(4) Inflation adjustment of asset limitation.--In the 
        case of stock issued in any calendar year after 1999, the 
        $300,000,000 amount contained in paragraph (1) shall be 
        increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 1998' for `calendar year 1992' in 
                subparagraph (B) thereof.
        If any amount as adjusted under the preceding sentence is not a 
        multiple of $10,000, such amount shall be rounded to the 
        nearest multiple of $10,000.''
    (f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is 
amended by striking subsection (b).
    (g) Other Modifications.--
            (1) Repeal of working capital limitation.--Section 
        1202(e)(6) of such Code (relating to working capital) is 
        amended--
                    (A) in subparagraph (B), by striking ``2 years'' 
                and inserting ``5 years''; and
                    (B) by striking the last sentence.
            (2) Exception from redemption rules where business 
        purpose.--Section 1202(c)(3) of such Code (relating to certain 
        purchases by corporation of its own stock) is amended by adding 
        at the end the following:
                    ``(D) Waiver where business purpose.--A purchase of 
                stock by the issuing corporation shall be disregarded 
                for purposes of subparagraph (B) if the issuing 
                corporation establishes that there was a business 
                purpose for such purchase and one of the principal 
                purposes of the purchase was not to avoid the 
                limitations of this section.''
    (h) Qualified Trade or Business.--Section 1202(e)(3) of such Code 
(defining qualified trade or business) is amended by inserting ``and'' 
at the end of subparagraph (C), by striking ``, and'' at the end of 
subparagraph (D) and inserting a period, and by striking subparagraph 
(E).
    (i) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section apply to stock issued after the 
        date of enactment of this Act.
            (2) Special rule.--The amendments made by subsections (a), 
        (c), (e), (f), and (g)(1) apply to stock issued after August 
        10, 1993.

SEC. 2. INCREASED EXCLUSION FOR INCENTIVE STOCK OPTIONS; EXCEPTION FROM 
              ALTERNATIVE MINIMUM TAX.

    (a) Increased Exclusion.--Subsection (d) of section 422 of the 
Internal Revenue Code of 1986 (relating to $100,000 per year 
limitation) is amended by striking ``$100,000'' each place it appears 
and inserting ``$200,000''.
    (b) Exception From Alternative Minimum Tax.--Subsection (b) of 
section 56 of such Code is amended by striking paragraph (3).
    (c) Effective Date.--The amendments made by this section shall 
apply to options exercised in calendar years beginning after the date 
of the enactment of this Act.
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