[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 265 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 265

 To amend the Internal Revenue Code of 1986 to include sports utility 
   vehicles in the limitation on the depreciation of certain luxury 
                              automobiles.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2003

Mrs. Boxer (for herself, Mr. Schumer, and Mrs. Clinton) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to include sports utility 
   vehicles in the limitation on the depreciation of certain luxury 
                              automobiles.

    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 ``SUV Business Tax Loophole Closure 
Act''.

SEC. 2. INCLUSION OF SPORTS UTILITY VEHICLES IN LIMITATION ON 
              DEPRECIATION OF CERTAIN LUXURY AUTOMOBILES.

    (a) In General.--Section 280F(d)(5)(A) of the Internal Revenue Code 
of 1986 (defining passenger automobile) is amended by striking clause 
(ii) and all that follows and inserting the following new clause:
                            ``(ii)(I) except as provided in subclause 
                        (II) or (III), which is rated at 6,000 pounds 
                        unloaded gross vehicle weight or less,
                            ``(II) in the case of a truck or van, which 
                        is rated at 6,000 pounds gross vehicle weight 
                        or less, or
                            ``(III) in the case of a sports utility 
                        vehicle not described in subclause (I), which 
                        is rated at more than 6,000 pounds but not more 
                        than 14,000 pounds gross vehicle weight.''.
    (b) Definition.--Section 280F(d)(5) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(C) Sports utility vehicles.--The term `sports 
                utility vehicle' does not include any vehicle which--
                                    ``(I) does not have the primary 
                                load carrying device or container 
                                attached,
                                    ``(II) has a seating capacity of 
                                more than 12 individuals,
                                    ``(III) is designed for more than 9 
                                individuals in seating rearward of the 
                                driver's seat,
                                    ``(IV) is equipped with an open 
                                cargo area, or a covered box not 
                                readily accessible from the passenger 
                                compartment, of at least 72.0 inches in 
                                interior length, or
                                    ``(V) has an integral enclosure, 
                                fully enclosing the driver compartment 
                                and load carrying device, does not have 
                                seating rearward of the driver's seat, 
                                and has no body section protruding more 
                                than 30 inches ahead of the leading 
                                edge of the windshield.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.
                                 <all>