[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4130 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4130

  To amend the Internal Revenue Code of 1986 to establish a temporary 
           surtax to offset the costs of the Afghanistan war.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

   Mr. Obey (for himself, Mr. Murtha, Mr. Larson of Connecticut, Ms. 
    Eshoo, Mr. Farr, Mr. Frank of Massachusetts, Mr. Grijalva, Ms. 
  McCollum, Mr. McDermott, Mr. McGovern, and Ms. Linda T. Sanchez of 
 California) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to establish a temporary 
           surtax to offset the costs of the Afghanistan war.

    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 ``Share the Sacrifice Act of 2010''.

SEC. 2. ESTABLISHMENT OF TEMPORARY AFGHANISTAN WAR SURTAX.

    (a) In General.--Subchapter A of chapter 1 of the Internal Revenue 
Code of 1986 (relating to normal taxes and surtaxes) is amended by 
adding at the end the following new part:

             ``PART VIII--TEMPORARY AFGHANISTAN WAR SURTAX

``Sec. 59B. Temporary Afghanistan war surtax.

``SEC. 59B. TEMPORARY AFGHANISTAN WAR SURTAX.

    ``(a) In General.--In the case of any taxable year beginning after 
2010--
            ``(1) Joint returns.--In the case of a joint return with 
        net income tax liability, the tax imposed under this chapter 
        shall be increased by the amount of the surtax determined in 
        accordance with the following table:

``If net income tax                   
  liability is:                     The surtax is:
    Not over $22,600...............
                                        1% of net income tax liability.
    Over $22,600 but not over 
        $36,400.
                                        $226, plus the applicable 
                                                percentage of the 
                                                excess over $22,600.
    Over $36,400...................
                                        $226, plus the applicable 
                                                percentage of $13,800, 
                                                plus twice the 
                                                applicable percentage 
                                                of the excess over 
                                                $36,400.
            ``(2) Other individuals, trusts, and estates.--In the case 
        of any individual, trust, or estate with net income tax 
        liability (other than a joint return), the tax imposed under 
        this chapter shall be increased by the amount of the surtax 
        determined in accordance with the following table:

``If net income tax                   
  liability is:                     The surtax is:
    Not over $11,300...............
                                        1% of net income tax liability.
    Over $11,300 but not over 
        $18,200.
                                        $113, plus the applicable 
                                                percentage of the 
                                                excess over $11,300.
    Over $18,200...................
                                        $113, plus the applicable 
                                                percentage of $6,900, 
                                                plus twice the 
                                                applicable percentage 
                                                of the excess over 
                                                $18,200.
            ``(3) Corporations.--In the case of any corporation with 
        net income tax liability, the tax imposed under this chapter 
        shall be increased by an amount equal to such net income tax 
        liability multiplied by twice the applicable percentage.
    ``(b) Applicable Percentage.--For purposes of this section--
            ``(1) In general.--The term `applicable percentage' means, 
        with respect to any taxable year beginning in a calendar year, 
        the percentage which is determined by the President with 
        respect to such calendar year under paragraph (2).
            ``(2) Determination of applicable percentage.--The 
        applicable percentage determined by the President with respect 
        to any calendar year shall be the percentage which the 
        President estimates will result in revenues to the Treasury 
        under this section for taxable years beginning in such calendar 
        year which are equal to the Federal expenditures related to the 
        war in Afghanistan during the fiscal year ending in the 
        preceding calendar year.
    ``(c) Certain Exceptions for Individuals.--
            ``(1) Certain exceptions related to military service.--
                    ``(A) In general.--Subsection (a) shall not apply 
                to--
                            ``(i) any member of the Armed Forces of the 
                        United States who received compensation which 
                        was excludible from gross income under section 
                        112 (relating to certain combat zone 
                        compensation of members of the Armed Forces) 
                        during the taxable year involved or any taxable 
                        year ending on or after September 11, 2001, or
                            ``(ii) any individual who received a death 
                        gratuity payable under chapter 75 of title 10, 
                        United States Code, with respect to any 
                        decedent who--
                                    ``(I) is described in clause (i), 
                                and
                                    ``(II) died on or after September 
                                11, 2001, and before the close of the 
                                taxable year involved.
                    ``(B) Joint returns.--In the case of a joint 
                return, the taxpayer shall be treated as described in 
                clause (i) or (ii) of subparagraph (A) if either spouse 
                is so described.
            ``(2) Exception based on adjusted gross income.--Subsection 
        (a) shall not apply to any individual if the adjusted gross 
        income of the taxpayer is not in excess of $30,000.
    ``(d) Net Income Tax Liability Defined.--For purposes of this 
section, the term `net income tax liability' means the excess of--
            ``(1) the sum of the regular tax liability (as defined in 
        section 26(b)) and the tax imposed by section 55, over
            ``(2) the credits allowed under part IV (other than 
        sections 31, 33, and 34).
    ``(e) Delay in Application if President Determines Economy Too 
Weak.--If the President determines that the United States economy is 
too weak to absorb the tax imposed under this section, the President 
may delay the implementation of such tax for up to 1 year.
    ``(f) Not Treated as Tax Imposed by This Chapter for Certain 
Purposes.--The tax imposed under this part shall not be treated as tax 
imposed by this chapter for purposes of determining the amount of any 
credit under this chapter or for purposes of section 55.
    ``(g) Termination.--The tax imposed under this section shall not 
apply to taxable years beginning in any calendar year if the applicable 
percentage determined with respect to such calendar year is zero.''.
    (b) Clerical Amendment.--The table of parts for subchapter A of 
chapter 1 of such Code is amended by adding at the end the following 
new item:

            ``Part VIII. Temporary Afghanistan War Surtax''.

    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2010.
    (d) Section 15 Not To Apply.--The amendment made by subsection (a) 
shall not be treated as a change in a rate of tax for purposes of 
section 15 of the Internal Revenue Code of 1986.
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