[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 467 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 467

  To amend the Internal Revenue Code of 1986 to allow a deduction for 
State and local sales taxes in lieu of State and local income taxes and 
     to allow the State and local income tax deduction against the 
                        alternative minimum tax.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2003

 Mrs. Hutchison (for herself, Ms. Cantwell, Mr. Frist, Mr. Cornyn, Mr. 
Cochran, Mr. Thomas, and Mr. Alexander) 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 allow a deduction for 
State and local sales taxes in lieu of State and local income taxes and 
     to allow the State and local income tax deduction against the 
                        alternative minimum tax.

    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 ``State Sales and Income Tax Deduction 
Fairness Act of 2003''.

SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES IN LIEU OF 
              STATE AND LOCAL INCOME TAXES.

    (a) In General.--Subsection (b) of section 164 of the Internal 
Revenue Code of 1986 (relating to definitions and special rules) is 
amended by adding at the end the following new paragraph:
            ``(5) General sales taxes.--For purposes of subsection 
        (a)--
                    ``(A) Election to deduct state and local sales 
                taxes in lieu of state and local income taxes.--
                            ``(i) In general.--At the election of the 
                        taxpayer for the taxable year, subsection (a) 
                        shall be applied--
                                    ``(I) without regard to the 
                                reference to State and local income 
                                taxes,
                                    ``(II) as if State and local 
                                general sales taxes were referred to in 
                                a paragraph thereof, and
                                    ``(III) without regard to the last 
                                sentence.
                    ``(B) Definition of general sales tax.--The term 
                `general sales tax' means a tax imposed at one rate 
                with respect to the sale at retail of a broad range of 
                classes of items.
                    ``(C) Special rules for food, etc.--In the case of 
                items of food, clothing, medical supplies, and motor 
                vehicles--
                            ``(i) the fact that the tax does not apply 
                        with respect to some or all of such items shall 
                        not be taken into account in determining 
                        whether the tax applies with respect to a broad 
                        range of classes of items, and
                            ``(ii) the fact that the rate of tax 
                        applicable with respect to some or all of such 
                        items is lower than the general rate of tax 
                        shall not be taken into account in determining 
                        whether the tax is imposed at one rate.
                    ``(D) Items taxed at different rates.--Except in 
                the case of a lower rate of tax applicable with respect 
                to an item described in subparagraph (C), no deduction 
                shall be allowed under this paragraph for any general 
                sales tax imposed with respect to an item at a rate 
                other than the general rate of tax.
                    ``(E) Compensating use taxes.--A compensating use 
                tax with respect to an item shall be treated as a 
                general sales tax. For purposes of the preceding 
                sentence, the term `compensating use tax' means, with 
                respect to any item, a tax which--
                            ``(i) is imposed on the use, storage, or 
                        consumption of such item, and
                            ``(ii) is complementary to a general sales 
                        tax, but only if a deduction is allowable under 
                        this paragraph with respect to items sold at 
                        retail in the taxing jurisdiction which are 
                        similar to such item.
                    ``(F) Special rule for motor vehicles.--In the case 
                of motor vehicles, if the rate of tax exceeds the 
                general rate, such excess shall be disregarded and the 
                general rate shall be treated as the rate of tax.
                    ``(G) Separately stated general sales taxes.--If 
                the amount of any general sales tax is separately 
                stated, then, to the extent that the amount so stated 
                is paid by the consumer (other than in connection with 
                the consumer's trade or business) to the seller, such 
                amount shall be treated as a tax imposed on, and paid 
                by, such consumer.
                    ``(H) Amount of deduction to be determined under 
                tables.--
                            ``(i) In general.--The amount of the 
                        deduction allowed under this paragraph shall be 
                        determined under tables prescribed by the 
                        Secretary.
                            ``(ii) Requirements for tables.--The tables 
                        prescribed under clause (i) shall reflect the 
                        provisions of this paragraph and shall be based 
                        on the average consumption by taxpayers on a 
                        State-by-State basis, as determined by the 
                        Secretary, taking into account filing status, 
                        number of dependents, adjusted gross income, 
                        and rates of State and local general sales 
                        taxation.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after the date of the enactment of this Act.

SEC. 3. ALLOWANCE OF STATE AND LOCAL INCOME TAXES AGAINST ALTERNATIVE 
              MINIMUM TAX.

    (a) In General.--Section 56(b)(1)(A)(ii) of the Internal Revenue 
Code of 1986 (relating to limitation on deductions) is amended by 
inserting ``(other than State and local income taxes or general sales 
taxes)'' before the period.
    (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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