[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 181 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 181

 To amend the Internal Revenue Code of 1986 to allow a credit against 
   income tax for taxpayers owning certain commercial power takeoff 
                               vehicles.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2005

  Mr. Ensign 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 credit against 
   income tax for taxpayers owning certain commercial power takeoff 
                               vehicles.

    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 ``Fuel Tax Equalization Credit for 
Substantial Power Takeoff Vehicles Act''.

SEC. 2. CREDIT FOR TAXPAYERS OWNING COMMERCIAL POWER TAKEOFF VEHICLES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business-related 
credits) is amended by adding at the end the following new section:

``SEC. 45J. COMMERCIAL POWER TAKEOFF VEHICLES CREDIT.

    ``(a) General Rule.--For purposes of section 38, the amount of the 
commercial power takeoff vehicles credit determined under this section 
for the taxable year is $250 for each qualified commercial power 
takeoff vehicle owned by the taxpayer as of the close of the calendar 
year with or within which the taxable year ends.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Qualified commercial power takeoff vehicle.--The term 
        `qualified commercial power takeoff vehicle' means any highway 
        vehicle described in paragraph (2) which--
                    ``(A) is propelled by any fuel subject to tax under 
                section 4041 or 4081, and
                    ``(B) is used in a trade or business or for the 
                production of income (and is licensed and insured for 
                such use).
            ``(2) Highway vehicle described.--A highway vehicle is 
        described in this paragraph if such vehicle is--
                    ``(A) designed to engage in the daily collection of 
                refuse or recyclables from homes or businesses and is 
                equipped with a mechanism under which the vehicle's 
                propulsion engine provides the power to operate a load 
                compactor, or
                    ``(B) designed to deliver ready mixed concrete on a 
                daily basis and is equipped with a mechanism under 
                which the vehicle's propulsion engine provides the 
                power to operate a mixer drum to agitate and mix the 
                product en route to the delivery site.
    ``(c) Exception for Vehicles Used by Governments, Etc.--No credit 
shall be allowed under this section for any vehicle owned by any person 
at the close of a calendar year if such vehicle is used at any time 
during such year by--
            ``(1) the United States or an agency or instrumentality 
        thereof, a State, a political subdivision of a State, or an 
        agency or instrumentality of one or more States or political 
        subdivisions, or
            ``(2) an organization exempt from tax under section 501(a).
    ``(d) Denial of Double Benefit.--The amount of any deduction under 
this subtitle for any tax imposed by subchapter B of chapter 31 or part 
III of subchapter A of chapter 32 for any taxable year shall be reduced 
(but not below zero) by the amount of the credit determined under this 
subsection for such taxable year.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 of the Internal Revenue Code of 1986 (relating to general 
business credit) is amended by striking ``plus'' at the end of 
paragraph (18), by striking the period at the end of paragraph (19) and 
inserting ``, plus'', and by adding at the end the following new 
paragraph:
            ``(20) the commercial power takeoff vehicles credit under 
        section 45J(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new item:

``Sec. 45J. Commercial power takeoff vehicles credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after December 31, 2004.
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