[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3776 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3776

To amend the Internal Revenue Code of 1986 to provide capital gains tax 
           treatment for certain self-created musical works.


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                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2004

  Mr. Lewis of Kentucky (for himself, Mrs. Blackburn, Mr. Tanner, Mr. 
Foley, Mr. McInnis, Mrs. Bono, Mr. Conyers, Mr. Ford, Mr. Jenkins, Mr. 
 Duncan, Mr. Wamp, Mr. Cooper, Mr. Gordon, Mr. Davis of Tennessee, Mr. 
 Rogers of Kentucky, and Mr. Whitfield) 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 capital gains tax 
           treatment for certain self-created musical works.

    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 ``Songwriters Capital Gains Tax Equity 
Act''.

SEC. 2. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED MUSICAL WORKS.

    (a) In General.--Subsection (b) of section 1221 of the Internal 
Revenue Code of 1986 (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 with respect to any sale or 
        exchange of musical compositions or copyrights in musical works 
        by a taxpayer described in subsection (a)(3).''.
    (b) Limitation on Charitable Contributions.--Subparagraph (A) of 
section 170(e)(1) of the Internal Revenue Code of 1986 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 taxable years beginning after the date of the enactment of 
this Act.
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