II 109th CONGRESS 2d Session S. 3626 IN THE SENATE OF THE UNITED STATES June 29, 2006 Ms. Landrieu 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 provide estate tax relief and reform, and for other purposes.

1.

Short title

This Act may be cited as the Estate Tax Relief and Reform Act of 2006.

2.

Estate tax relief and reform after 2009

(a)

Exclusion equivalent of unified credit equal to $5,000,000

Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended to read as follows: (c)

Applicable credit amount

(1)

In general

For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. (2)

Applicable exclusion amount

(A)

In general

For purposes of this subsection, the applicable exclusion amount is $5,000,000, reduced (but not below zero) by an amount equal to 5 percent of so much of the amount with respect to which the tentative tax is to be computed as exceeds $100,000,000. (B)

Inflation adjustment

In the case of any decedent dying in a calendar year after 2010, the $5,000,000 amount in subparagraph (A) shall be increased by an amount equal to— (i)such dollar amount, multiplied by (ii)the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2009 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.. (b)

Flat estate and gift tax rates

Subsection (c) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended to read as follows: (c)

Tentative tax

The tentative tax is 35 percent of the amount with respect to which the tentative tax is to be computed. . (c)

Increase in aggregate reduction in fair market value allowed under special use valuation

Section 2032A(a) of the Internal Revenue Code of 1986 (relating to value based on use under which property qualifies) is amended— (1)by striking $750,000 each place it appears and inserting $5,000,000, (2)by striking after 1998 in paragraph (3) and inserting after 2010, and (3)by striking 1997 in paragraph (3)(B) and inserting 2009. (d)

Tax deduction for family-owned business interests

(1)

In general

Section 2057(a) of the Internal Revenue Code of 1986 (relating to deduction for family-owned business interests) is amended— (A)by striking $675,000 in paragraph (2) and inserting $2,500,000, and (B)by striking paragraph (3). (2)

Permanent deduction

Section 2057 of such Code is amended by striking subsection (j). (e)

Modifications of estate and gift taxes to reflect differences in unified credit resulting from different tax rates

(1)

Estate tax

(A)

In general

Section 2001(b)(2) of the Internal Revenue Code of 1986 (relating to computation of tax) is amended by striking if the provisions of subsection (c) (as in effect at the decedent's death) and inserting if the modifications described in subsection (g). (B)

Modifications

Section 2001 of such Code is amended by adding at the end the following new subsection: (g)

Modifications to gift tax payable to reflect different tax rates

For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute— (1)the tax imposed by chapter 12 with respect to such gifts, and (2)the credit allowed against such tax under section 2505, including in computing— (A)the applicable credit amount under section 2505(a)(1), and (B)the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.. (2)

Gift tax

Section 2505(a) of such Code (relating to unified credit against gift tax) is amended by adding at the end the following new flush sentence: For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.. (f)

Effective date

The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (g)

Additional modifications to estate tax

(1)

In general

The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (A)Subtitles A and E of title V. (B)Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (C)Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted.(2)

Sunset not to apply to title V of egtrra

Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V of such Act. (3)

Repeal of deadwood

(A)Sections 2011 and 2604 of the Internal Revenue Code of 1986 are hereby repealed. (B)The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. (C)The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604.