[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3429 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3429

To amend the Internal Revenue Code to provide for an increased mileage 
                    rate for charitable deductions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

   Mr. Schumer (for himself, Mr. Ensign, Mr. Feingold, and Mr. Dodd) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code to provide for an increased mileage 
                    rate for charitable deductions.

    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 ``Giving Incentives to Volunteers 
Everywhere Act of 2008'' or the ``GIVE Act of 2008''.

SEC. 2. DETERMINATION OF STANDARD MILEAGE RATE FOR CHARITABLE 
              CONTRIBUTIONS DEDUCTION.

    (a) In General.--Subsection (i) of section 170 of the Internal 
Revenue Code of 1986 (relating to standard mileage rate for use of 
passenger automobile) is amended by striking ``14 cents per mile'' and 
inserting ``the amount that is 70 percent of the standard business 
mileage rate in effect under section 162(a) for the taxable year''.
    (b) Effective Date.--The amendment made by this section shall apply 
to miles traveled after the date of the enactment of this Act.

SEC. 3. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS EXCLUDED FROM 
              GROSS INCOME.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by inserting after section 
139B the following new section:

``SEC. 139C. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS.

    ``(a) In General.--Gross income of an individual does not include 
amounts received, from an organization described in section 170(c), as 
reimbursement of operating expenses with respect to use of a passenger 
automobile for the benefit of such organization. The preceding sentence 
shall apply only to the extent that such reimbursement would be 
deductible under this chapter if section 274(d) were applied--
            ``(1) by using the standard business mileage rate 
        established under section 162(a), and
            ``(2) as if the individual were an employee of an 
        organization not described in section 170(c).
    ``(b) No Double Benefit.--Subsection (a) shall not apply with 
respect to any expenses if the individual claims a deduction or credit 
for such expenses under any other provision of this title.
    ``(c) Exemption From Reporting Requirements.--Section 6041 shall 
not apply with respect to reimbursements excluded from income under 
subsection (a).''.
    (b) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting after the item relating to section 139B the 
following new item:

``Sec. 139C. Reimbursement for use of passenger automobile for 
                            charity.''.
    (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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