[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4497 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4497

 To amend the Internal Revenue Code of 1986 to provide tax relief for 
damages relating to federally declared disasters during September 2013, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2014

 Mr. Gardner 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 provide tax relief for 
damages relating to federally declared disasters during September 2013, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXPENSING OF QUALIFIED DISASTER EXPENSES.

    (a) In General.--Paragraph (2) of section 198A(b) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``before January 1, 2010'' in subparagraph 
        (A) and inserting ``before January 1, 2010, or during September 
        2013'', and
            (2) by striking ``before such date'' each place it appears 
        in subparagraphs (B) and (C) and inserting ``before January 1, 
        2010, or during September 2013''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts paid or incurred after August 31, 2013.

SEC. 2. INCREASED LIMITATION ON CHARITABLE CONTRIBUTIONS FOR DISASTER 
              RELIEF.

    (a) Individuals.--Paragraph (1) of section 170(b) of the Internal 
Revenue Code of 1986 is amended by redesignating subparagraphs (F) and 
(G) as subparagraphs (G) and (H), respectively, and by inserting after 
subparagraph (E) the following new subparagraph:
                    ``(F) Qualified disaster contributions.--
                            ``(i) In general.--Any qualified disaster 
                        contribution shall be allowed to the extent 
                        that the aggregate of such contributions does 
                        not exceed the excess of 80 percent of the 
                        taxpayer's contribution base over the amount of 
                        all other charitable contributions allowable 
                        under this paragraph.
                            ``(ii) Carryover.--If the aggregate amount 
                        of contributions described in clause (i) 
                        exceeds the limitation under clause (i), such 
                        excess shall be treated (in a manner consistent 
                        with the rules of subsection (d)(1)) as a 
                        charitable contribution to which clause (i) 
                        applies in each of the 5 succeeding years in 
                        order of time.
                            ``(iii) Coordination with other 
                        subparagraphs.--For purposes of applying this 
                        subsection and subsection (d)(1), contributions 
                        described in clause (i) shall not be treated as 
                        described in subparagraph (A) and such 
                        subparagraph shall be applied without regard to 
                        such contributions.
                            ``(iv) Qualified disaster contributions.--
                        For purposes of this subparagraph, the term 
                        `qualified disaster contribution' means any 
                        charitable contribution if--
                                    ``(I) such contribution is for 
                                relief efforts related to a federally 
                                declared disaster (as defined in 
                                section 165(h)(3)(C)(i)) which occurs 
                                after August 31, 2013,
                                    ``(II) such contribution is made 
                                during the period beginning on the 
                                applicable disaster date with respect 
                                to the disaster described in subclause 
                                (I) and ending on December 31, 2014, 
                                and
                                    ``(III) such contribution is made 
                                in cash to an organization described in 
                                subparagraph (A) (other than an 
                                organization described in section 
                                509(a)(3)).
                        Such term shall not include a contribution if 
                        the contribution is for establishment of a new, 
                        or maintenance in an existing, donor advised 
                        fund (as defined in section 4966(d)(2)).
                            ``(v) Applicable disaster date.--For 
                        purposes of clause (iv)(II), the term 
                        `applicable disaster date' means, with respect 
                        to any federally declared disaster described in 
                        clause (iv)(I), the date on which the disaster 
                        giving rise to the Presidential declaration 
                        described in section 165(h)(3)(C)(i) occurred.
                            ``(vi) Substantiation requirement.--This 
                        paragraph shall not apply to any qualified 
                        disaster contribution unless the taxpayer 
                        obtains from such organization to which the 
                        contribution was made a contemporaneous written 
                        acknowledgment (within the meaning of 
                        subsection (f)(8)) that such contribution was 
                        used (or is to be used) for a purpose described 
                        in clause (iv)(III).''.
    (b) Corporations.--
            (1) In general.--Paragraph (2) of section 170(b) of the 
        Internal Revenue Code of 1986 is amended by redesignating 
        subparagraph (C) as subparagraph (D) and by inserting after 
        subparagraph (B) the following new subparagraph:
                    ``(C) Qualified disaster contributions.--
                            ``(i) In general.--Any qualified disaster 
                        contribution shall be allowed to the extent 
                        that the aggregate of such contributions does 
                        not exceed the excess of 20 percent of the 
                        taxpayer's taxable income over the amount of 
                        charitable contributions allowed under 
                        subparagraph (A).
                            ``(ii) Carryover.--If the aggregate amount 
                        of contributions described in clause (i) 
                        exceeds the limitation under clause (i), such 
                        excess shall be treated (in a manner consistent 
                        with the rules of subsection (d)(1)) as a 
                        charitable contribution to which clause (i) 
                        applies in each of the 5 succeeding years in 
                        order of time.
                            ``(iii) Qualified disaster contribution.--
                        The term `qualified disaster contribution' has 
                        the meaning given such term under paragraph 
                        (2)(F)(iv).
                            ``(iv) Substantiation requirement.--This 
                        paragraph shall not apply to any qualified 
                        disaster contribution unless the taxpayer 
                        obtains from such organization to which the 
                        contribution was made a contemporaneous written 
                        acknowledgment (within the meaning of 
                        subsection (f)(8)) that such contribution was 
                        used (or is to be used) for a purpose described 
                        in paragraph (1)(F)(iv)(III).''.
            (2) Conforming amendments.--
                    (A) Subparagraph (A) of section 170(b)(2) of such 
                Code is amended by striking ``subparagraph (B) 
                applies'' and inserting ``subparagraphs (B) and (C) 
                apply''.
                    (B) Subparagraph (B) of section 170(b)(2) of such 
                Code is amended by striking ``subparagraph (A)'' and 
                inserting ``subparagraphs (A) and (C)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions after August 31, 2013.
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