II 111th CONGRESS 1st Session S. 243 IN THE SENATE OF THE UNITED STATES January 14, 2009 Mr. Cardin (for himself, Ms. Snowe, Mr. Schumer, Mr. Ensign, Mr. Feingold, Mr. Grassley, Mr. Leahy, Mr. Alexander, Mr. Burr, Mr. Dodd, Ms. Cantwell, and Mr. Sanders) 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 the Secretary of the Treasury to establish the standard mileage rate for use of a passenger automobile for purposes of the charitable contributions deduction and to exclude charitable mileage reimbursements from gross income.

1.

Short title

This Act may be cited as the Giving Incentives to Volunteers Everywhere Act of 2009 or the GIVE Act of 2009.

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 to read as follows: (i)

Standard mileage rate for use of passenger automobile

For purposes of computing the deduction under this section for use of a passenger automobile, the standard mileage rate shall be the rate determined by the Secretary, which rate shall not be less than the standard mileage rate used for purposes of section 213. . (b)

Effective Date

The amendment made by this section shall apply to miles traveled after the date of the enactment of this Act.

3.

Exclusion from gross income for charitable mileage reimbursements

(a)

In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by adding at the end the following new section:

139C.

Charitable mileage reimbursement

(a)

In general

In the case of an individual, gross income shall not include amounts received from an organization described in section 170(c)(2) as reimbursement of operating expenses with respect to the use of a passenger automobile for the benefit of such organization. (b)

Limitation

The amount excluded from gross income under subsection (a) shall not exceed the product of the standard mileage rate used for purposes of section 162 multiplied by the number of miles traveled for which such reimbursement is made. (c)

Application to volunteer services only

Subsection (a) shall not apply with respect to any expenses relating to the performance of services for compensation. (d)

No double benefit

A taxpayer may not claim a deduction or credit under any other provision of this title with respect to reimbursements excluded from income under subsection (a). (e)

Exemption from reporting requirements

Section 6041 shall not apply with respect to reimbursements excluded from income under subsection (a). (f)

Maintenance of records

For purposes of this section, no exclusion shall be allowed under subsection (a) for any reimbursement unless with respect to such reimbursement the taxpayer meets substantiation requirements similar to the requirements of section 274(d).

. (b)

Conforming amendment

The table of sections for part III of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 139C. Charitable mileage reimbursement. . (c)

Effective date

The amendments made by this section shall apply to miles traveled after the date of the enactment of this Act.