[Analytical Perspectives]
[Federal Receipts and Collections]
[4. Federal Receipts]
[From the U.S. Government Publishing Office, www.gpo.gov]



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                    FEDERAL RECEIPTS AND COLLECTIONS

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[[Page 55]]


 
                          4.  FEDERAL RECEIPTS

  Receipts (budget and off-budget) are taxes and other collections from 
the public that result from the exercise of the Federal Government's 
sovereign or governmental powers. The difference between receipts and 
outlays determines the surplus or deficit.
  The Federal Government also collects income from the public from 
market-oriented activities. Collections from these activities, which are 
subtracted from gross outlays, rather than added to taxes and other 
governmental receipts, are discussed in the following chapter.

  Growth in receipts.--Total receipts in 2003 are estimated to be 
$2,048.1 billion, an increase of $101.9 billion or 5.2 percent relative 
to 2002. Receipts are projected to grow at an average annual rate of 5.9 
percent between 2003 and 2007, rising to $2,571.7 billion. This growth 
in receipts is largely due to assumed increases in incomes resulting 
from both real economic growth and inflation.
  As a share of GDP, receipts are projected to decline from 19.6 percent 
in 2001 to 18.8 percent in 2002 and 2003. The receipts share of GDP is 
projected to increase to 19.1 percent in 2007, despite the phasein of 
legislated tax reductions and the President's proposed tax plan.

                                     

                                                         Table 4-1.  RECEIPTS BY SOURCE--SUMMARY
                                                                (In billions of dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Estimate
                        Source                           2001 actual -----------------------------------------------------------------------------------
                                                                          2002          2003          2004          2005          2006          2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individual income taxes...............................      994.3         949.2       1,006.4       1,058.6       1,112.0       1,157.3       1,221.7
Corporation income taxes..............................      151.1         201.4         205.5         212.0         237.1         241.4         250.6
Social insurance and retirement receipts..............      694.0         708.0         749.2         789.8         835.2         868.7         908.3
  (On-budget).........................................     (186.4)       (190.8)       (203.9)       (216.3)       (227.0)       (235.1)       (243.0)
  (Off-budget)........................................     (507.5)       (517.2)       (545.3)       (573.5)       (608.2)       (633.7)       (665.3)
Excise taxes..........................................       66.1          66.9          69.0          71.2          73.6          75.3          77.5
Estate and gift taxes.................................       28.4          27.5          23.0          26.6          23.4          26.4          23.2
Customs duties........................................       19.4          18.7          19.8          21.9          23.0          24.7          26.2
Miscellaneous receipts................................       37.8          36.4          40.2          42.8          43.2          44.4          46.2
Bipartisan economic security plan.....................  ............      -62.0         -65.0         -47.5          -9.5          17.0          18.0
                                                       -------------------------------------------------------------------------------------------------
    Total receipts....................................    1,991.0       1,946.1       2,048.1       2,175.4       2,338.0       2,455.3       2,571.7
      (On-budget).....................................   (1,483.5)     (1,428.9)     (1,502.7)     (1,601.9)     (1,729.8)     (1,821.6)     (1,906.4)
      (Off-budget)....................................     (507.5)       (517.2)       (545.3)       (573.5)       (608.2)       (633.7)       (665.3)
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                     

              Table 4-2.  EFFECT ON RECEIPTS OF CHANGES IN THE SOCIAL SECURITY TAXABLE EARNINGS BASE
                                            (In billions of dollars)
----------------------------------------------------------------------------------------------------------------
                                                                                  Estimate
                                                          ------------------------------------------------------
                                                              2003       2004       2005       2006       2007
----------------------------------------------------------------------------------------------------------------
 Social security (OASDI) taxable earnings base increases:
  $84,900 to $89,700 on Jan. 1, 2003.....................        2.2        5.8        6.4        7.0        7.7
  $89,700 to $92,400 on Jan. 1, 2004.....................  .........        1.3        3.3        3.6        3.9
  $92,400 to $96,000 on Jan. 1, 2005.....................  .........  .........        1.7        4.5        4.9
  $96,000 to $99,900 on Jan. 1, 2006.....................  .........  .........  .........        1.9        4.9
  $99,900 to $103,800 on Jan. 1, 2007....................  .........  .........  .........  .........        1.9
----------------------------------------------------------------------------------------------------------------


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                           ENACTED LEGISLATION

  Several laws were enacted in 2001 that have an effect on governmental 
receipts. The major legislative changes affecting receipts are described 
below.

   ECONOMIC GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001 (EGTRRA)

  From the Administration's first day in office, President Bush worked 
to deliver on his campaign promise of meaningful tax relief. Congress 
moved with exceptional speed and on June 7, 2001, this Act was signed by 
President Bush. The major provisions of this Act, which are described in 
greater detail below, create a new 10-percent individual income tax rate 
bracket; reduce marginal income tax rates for individuals; eliminate the 
estate tax; reduce the marriage penalty; provide relief from the 
alternative minimum tax (AMT); modify the timing of estimated tax 
payments by corporations; and modify tax benefits for children, 
education, and pension and retirement savings. Almost all of the 
provisions phase in over a number of years and sunset on December 31, 
2010.

                      Individual Income Tax Relief

  Create a new 10-percent individual income tax rate bracket.--Effective 
for taxable years beginning after December 31, 2000 and before January 
1, 2011, the prior law 15-percent individual income tax rate bracket is 
split into two tax rate brackets of 10 and 15 percent. The new 10-
percent tax rate bracket applies to the first $6,000 of taxable income 
for single taxpayers and married taxpayers filing separate returns 
(increasing to $7,000 for taxable years beginning after December 31, 
2007), the first $10,000 of taxable income for heads of household, and 
the first $12,000 of taxable income for married taxpayers filing a joint 
return (increasing to $14,000 of taxable income for taxable years 
beginning after December 31, 2007). Taxable income above these 
thresholds that was taxed at the 15-percent rate under prior law will 
continue to be taxed at that rate. The income thresholds for the new tax 
rate bracket will be adjusted annually for inflation, effective for 
taxable years beginning after December 31, 2008 and before January 1, 
2011.
  For 2001, most taxpayers received the benefit of the new 10-percent 
tax rate bracket through an advanced credit, issued by the Department of 
Treasury in the form of a check. The amount of the advanced credit was 
equal to 5 percent of taxable income reported on tax returns filed for 
2000, up to a maximum credit of $300 for single taxpayers and married 
taxpayers filing separate returns, $500 for heads of household, and $600 
for married taxpayers filing a joint return. Taxpayers are entitled to a 
similar credit on tax returns filed for 2001 to the extent that it 
exceeds the advanced credit, if any, that they received on the basis of 
tax returns filed for 2000.

  Reduce individual income tax rates.--In addition to splitting the 15-
percent tax rate bracket of prior law into two tax rate brackets (see 
preceding discussion), this Act replaces the four remaining statutory 
individual income tax rate brackets of prior law (28, 31, 36, and 39.6 
percent) with a rate structure of 25, 28, 33, and 35 percent. The 
reduced tax rate structure is phased in over a period of six years, 
effective for taxable years beginning after December 31, 2000, as 
follows: the 28-percent rate is reduced to 27.5 percent for 2001, 27 
percent for 2002 and 2003, 26 percent for 2004 and 2005, and 25 percent 
for 2006 through 2010; the 31 percent rate is reduced to 30.5 for 2001, 
30 percent for 2002 and 2003, 29 percent for 2004 and 2005, and 28 
percent for 2006 through 2010; the 36 percent rate is reduced to 35.5 
percent for 2001, 35 percent for 2002 and 2003, 34 percent for 2004 and 
2005, and 33 percent for 2006 through 2010; and the 39.6 percent rate is 
reduced to 39.1 percent for 2001, 38.6 percent for 2002 and 2003, 37.6 
percent for 2004 and 2005, and 35 percent for 2006 through 2010. The 
income thresholds for these tax rate brackets are adjusted annually for 
inflation as provided under prior law.
  Repeal phaseout of personal exemptions.--Under prior law, the 
deduction for taxpayer and dependent personal exemptions ($2,900 for 
taxable year 2001), began to be phased out for taxpayers with adjusted 
gross income (AGI) over certain thresholds (for taxable year 2001, the 
thresholds were $132,950 for single taxpayers, $166,200 for heads of 
household, $99,725 for married taxpayers filing separate returns, and 
$199,450 for married taxpayers filing a joint return). For taxable year 
2001, the deduction for personal exemptions was fully phased out above 
AGI of $255,450 for single taxpayers, $288,700 for heads of household, 
$160,975 for married taxpayers filing separate returns, and $321,950 for 
married taxpayers filing a joint return. This Act phases in the repeal 
of the phaseout of personal exemptions over a five-year period, 
effective for taxable years beginning after December 31, 2005. The 
otherwise applicable personal exemption phaseout is reduced by one-third 
for taxable years 2006 and 2007, is reduced by two-thirds for taxable 
years 2008 and 2009, and is repealed for taxable year 2010.
  Repeal limitation on itemized deductions.--Under prior law, the amount 
of otherwise allowable itemized deductions (other than medical expenses, 
investment interest, theft and casualty losses, and wagering losses) was 
reduced by three percent of AGI in excess of certain thresholds (for 
taxable year 2001, the thresholds were $66,475 for married taxpayers 
filing separate returns and $132,950 for all other taxpayers). This Act 
phases in the repeal of the limitation on itemized deductions over a 
five-year period, effective for taxable years beginning after December 
31, 2005. The otherwise applicable limitation on itemized deduc

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tions is reduced by one-third for taxable years 2006 and 2007, is 
reduced by two-thirds for taxable years 2008 and 2009, and is repealed 
for taxable year 2010.

                        Tax Benefits for Children

  Increase and expand the child tax credit.--Under prior law, taxpayers 
were provided a tax credit of up to $500 for each qualifying child under 
the age of 17. This Act doubles the maximum amount of the credit to 
$1,000 over a 10-year period, effective for taxable years beginning 
after December 31, 2000. The credit increases to $600 for taxable years 
2001 through 2004, $700 for taxable years 2005 through 2008, $800 for 
taxable year 2009, and $1,000 for taxable year 2010.
  Generally, the credit was nonrefundable under prior law; however, 
taxpayers with three or more qualifying children could be eligible for 
an additional refundable child tax credit if they had little or no 
individual income tax liability. The additional credit could be offset 
against social security payroll tax liability, provided that liability 
exceeded the refundable portion of the earned income tax credit (EITC). 
Under this Act, the child credit is refundable to the extent of 10 
percent of the taxpayer's earned income in excess of $10,000 for taxable 
years 2001 through 2004. The percentage increases to 15 percent for 
taxable years 2005 through 2010. The $10,000 earned income threshold is 
indexed annually for inflation beginning in 2002. Families with three or 
more children are allowed a refundable credit for the amount by which 
their social security payroll taxes exceed their earned income credit 
(the prior law rule), if that amount is greater than the refundable 
credit based on their earned income in excess of $10,000. This Act also 
provides that the refundable portion of the child credit does not 
constitute income and shall not be treated as resources for purposes of 
determining eligibility or the amount or nature of benefits or 
assistance under any Federal program or any State or local program 
financed with Federal funds.
  Under prior law, beginning in taxable year 2002, the child tax credit 
would have been allowed only to the extent that an individual's regular 
individual income tax liability exceeded his or her tentative minimum 
tax. In addition, beginning in taxable year 2002, the refundable child 
tax credit would have been reduced by the amount of the individual's 
alternative minimum tax. Effective for taxable years beginning after 
December 31, 2001 and before January 1, 2011, this Act allows the child 
credit to offset both the regular tax and the alternative minimum tax; 
in addition, the refundable credit will not be reduced by the amount of 
the alternative minimum tax.

  Extend and expand adoption tax benefits.--Prior law provided a 
permanent nonrefundable 100-percent tax credit for the first $6,000 of 
qualified expenses incurred in the adoption of a child with special 
needs. A nonrefundable 100-percent tax credit was provided for the first 
$5,000 of qualified expenses incurred before January 1, 2002 in the 
adoption of a child without special needs. The adoption credit 
(including the credit for the adoption of a child with special needs) 
phased out ratably for taxpayers with modified AGI between $75,000 and 
$115,000. In addition, for taxable years beginning after December 31, 
2001, the otherwise allowable adoption credit was allowed only to the 
extent that the taxpayer's regular income tax liability exceeded the 
taxpayer's tentative minimum tax. This Act increases the credit for 
qualified expenses incurred in the adoption of a child, including a 
child with special needs, to $10,000, effective for qualified expenses 
incurred after December 31, 2001 and before January 1, 2011. The $10,000 
amount is indexed annually for inflation, effective for taxable years 
beginning after December 31, 2002. For the adoption of a child with 
special needs finalized after December 31, 2002 and before January 1, 
2011, the credit is provided regardless of whether qualified adoption 
expenses are incurred. Effective for taxable years beginning after 
December 31, 2001 and before January 1, 2011, the credit (including the 
credit for the adoption of a child with special needs) phases out 
ratably for taxpayers with modified AGI between $150,000 and $190,000. 
The start of the phase-out range is indexed annually for inflation 
effective for taxable years beginning after December 31, 2002, but the 
width of the phase-out range remains at $40,000. In addition, for 
taxable years beginning after December 31, 2001 and before January 1, 
2011, the adoption tax credit is allowed against the alternative minimum 
tax.
  Under prior law, up to $5,000 per child in qualified adoption expenses 
paid or reimbursed by an employer under an adoption assistance program 
could be excluded from the gross income of an employee. The maximum 
exclusion was $6,000 for the adoption of a child with special needs. The 
exclusion, which applied to amounts paid or expenses incurred before 
January 1, 2002, was phased out ratably for taxpayers with modified AGI 
(including the full amount of the employer adoption benefit) between 
$75,000 and $115,000. This Act increases the maximum exclusion to 
$10,000 per child, including the adoption of a child with special needs, 
effective for expenses incurred after December 31, 2001 and before 
January 1, 2011. The $10,000 amount is indexed annually for inflation, 
effective for taxable years beginning after December 31, 2002. For the 
adoption of a child with special needs finalized after December 31, 2002 
and before January 1, 2011, the exclusion is provided regardless of 
whether qualified adoption expenses are incurred. Effective for taxable 
years beginning after December 31, 2001 and before January 1, 2011, the 
exclusion (including the exclusion for the adoption of a child with 
special needs) phases out ratably for taxpayers with modified AGI 
between $150,000 and $190,000. The start of the phase-out range is 
indexed annually for inflation effective for taxable years beginning 
after December 31, 2002, but the width of the phase-out range remains at 
$40,000.

  Expand dependent care tax credit.--Under prior law, a taxpayer could 
receive a nonrefundable tax credit for a percentage of a limited amount 
of dependent care

[[Page 58]]

expenses ($2,400 for one qualifying dependent and $4,800 for two or more 
qualifying dependents) paid in order to work. The credit rate was phased 
down from 30 percent of expenses (for taxpayers with AGI of $10,000 or 
less) to 20 percent of expenses (for taxpayers with AGI above $28,000). 
Effective for taxable years beginning after December 31, 2002 and before 
January 1, 2011, this Act increases the maximum amount of eligible 
employment related expenses to $3,000 for one qualifying dependent and 
to $6,000 for two or more qualifying dependents. In addition, the 
maximum credit rate is increased to 35 percent for taxpayers with AGI of 
$15,000 or less, and the phase down is modified so that the 20 percent 
rate applies to taxpayers with AGI above $43,000.
  Provide tax credit for employer-provided child care facilities.--A 25-
percent tax credit is provided to employers for qualified expenses 
incurred to build, acquire, rehabilitate, expand, or operate a child 
care facility for employee use, or to provide child care services to 
children of employees directly or through a third party. A 10-percent 
credit is provided for qualified expenses incurred to provide employees 
with child care resource and referral services. The maximum total credit 
for an employer may not exceed $150,000 per taxable year, and is 
effective for taxable years beginning after December 31, 2001 and before 
January 1, 2011. Any deduction the employer would otherwise be entitled 
to take for the expenses is reduced by the amount of the credit. The 
taxpayer's basis in a facility is reduced to the extent that a credit is 
claimed for expenses of constructing, rehabilitating, expanding, or 
acquiring a facility; in addition, the credit is subject to recapture 
for the first ten years after the qualified child care facility is 
placed in service.

                         Marriage Penalty Relief

  Increase standard deduction for married taxpayers filing a joint 
return.--The basic standard deduction amount for single taxpayers under 
prior law was equal to 60 percent of the basic standard deduction amount 
for married taxpayers filing a joint return. Therefore, two single 
taxpayers had a combined standard deduction that exceeded the standard 
deduction of a married couple filing a joint return. This Act increases 
the standard deduction for married couples filing a joint return to 
double the standard deduction for single taxpayers over a five-year 
period, beginning after December 31, 2004. Under the phasein, the 
standard deduction for married taxpayers filing a joint return increases 
to 174 percent of the standard deduction for single taxpayers in taxable 
year 2005, 184 percent in taxable year 2006, 187 percent in taxable year 
2007, 190 percent in taxable year 2008, and 200 percent in taxable years 
2009 and 2010.
  Expand the 15-percent tax rate bracket for married taxpayers filing a 
joint return.--The size of the 15-percent tax rate bracket for married 
taxpayers filing a joint return is increased to twice the size of the 
corresponding tax rate bracket for single taxpayers. The increase, which 
is phased in over four years, beginning after December 31, 2004, is as 
follows: the 15-percent tax rate bracket for married taxpayers filing a 
joint return increases to 180 percent of the corresponding tax rate 
bracket for single taxpayers in taxable year 2005, 187 percent in 
taxable year 2006, 193 percent in taxable year 2007, and 200 percent in 
taxable years 2008, 2009 and 2010.
  Modify the phaseout of the earned income credit (EITC) for married 
taxpayers filing a joint return and simplify the EITC.-- The maximum 
earned income tax credit is phased in as an individual's earned income 
increases. The credit phases out for individuals with earned income (or, 
if greater, modified AGI) over certain levels. For married taxpayers 
filing a joint return, both the phasein and phaseout of the credit are 
calculated based on the couples' combined income. Under this Act, for 
married taxpayers filing a joint return, the income threshold at which 
the credit begins to phase out is increased, effective for taxable years 
beginning after December 31, 2001 and before January 1, 2011. For 
married taxpayers filing a joint return the phase-out threshold 
increases by $1,000 for taxable years 2002 through 2004, $2,000 for 
taxable years 2005 through 2007, and $3,000 for taxable years 2008 
through 2010. The $3,000 amount is increased annually for inflation 
beginning in taxable year 2009.
  This Act also simplifies EITC eligibility criteria and allows the 
Internal Revenue Service (IRS) to use more cost efficient procedures to 
deny certain questionable EITC claims. In addition, effective for 
taxable years beginning after December 31, 2001 and before January 1, 
2011, the prior law rule that reduced the EITC by the amount of the 
alternative minimum tax is repealed.

                          Education Incentives

  Increase and expand education savings accounts.--Under prior law, 
taxpayers were permitted to contribute up to $500 per year to an 
education savings account (an ``education IRA'') for beneficiaries under 
age 18. The contribution limit was phased out for taxpayers with 
modified AGI between $95,000 and $110,000 (between $150,000 and $160,000 
for married couples filing a joint return). Contributions to an 
education IRA were not deductible, but earnings on contributions were 
allowed to accumulate tax-free. Distributions were excludable from gross 
income to the extent they did not exceed qualified higher education 
expenses incurred during the year the distribution was made. The 
earnings portion of a distribution not used to cover qualified higher 
education expenses was included in the gross income of the beneficiary 
and was generally subject to an additional 10-percent tax. If any 
portion of a distribution from an education savings account was excluded 
from gross income, an education tax credit could not be claimed with 
respect to the same student for the same taxable year. An excise tax

[[Page 59]]

of six percent was imposed on contributions to an education IRA in any 
year in which contributions were also made to a qualified State tuition 
program on behalf of the same beneficiary.
  Effective for taxable years beginning after December 31, 2001 and 
before January 1, 2011, this Act increases the annual contribution limit 
to education IRAs to $2,000 and increases the contribution phase-out 
range for married couples filing a joint return to twice the range for 
single taxpayers ($190,000 to $220,000 of AGI). As under prior law, 
contributions to an education IRA are not deductible, but earnings on 
contributions are allowed to accumulate tax-free. In addition to 
allowing tax-free and penalty-free distributions for qualified higher 
education expenses, this Act expands education savings accounts to allow 
tax-free and penalty-free distributions for qualified elementary, 
secondary and after school expenses. Qualified expenses at public, 
private, and religious educational institutions providing elementary and 
secondary education generally include: tuition; fees; academic tutoring; 
special needs services; books; supplies; computer equipment; and certain 
expenses for room and board, uniforms, and transportation. Under this 
Act: (1) the rule prohibiting contributions after the beneficiary 
attains age 18 does not apply in the case of a special needs 
beneficiary, as defined by Treasury Department regulations, (2) both an 
education tax credit and a tax-free distribution from an education 
savings account are allowed with respect to the same student in the same 
taxable year, provided the credit and the distribution are not used for 
the same expenses, and (3) the excise tax on contributions made to an 
education IRA on behalf of a beneficiary during any taxable year in 
which contributions are made to a qualifying State tuition program on 
behalf of the same beneficiary is repealed.

  Allow tax-free distributions from Qualified State Tuition Plans 
(QSTPs) for certain higher education expenses and allow private colleges 
to offer prepaid tuition plans.--QSTP programs generally take two forms 
- prepaid tuition plans and savings plans. Under a prepaid tuition plan, 
an individual may purchase tuition credits or certificates on behalf of 
a designated beneficiary, which entitle the beneficiary to the waiver or 
payment of qualified higher education expenses at participating 
educational institutions. Under a savings plan, an individual may make 
contributions to an account, which is established for the purpose of 
meeting the qualified higher education expenses of a designated 
beneficiary. Distributions from QSTPs for nonqualified expenses 
generally are subject to a more than de minimis penalty (typically 10 
percent of the earnings portion of the distribution). There is no 
specific dollar cap on annual contributions to a QSTP; in addition, 
there is no limit on contributions to a QSTP based on the contributor's 
income. Contributions to a QSTP are permitted at any time during the 
beneficiary's lifetime and the account can remain open after the 
beneficiary reaches age 30. However, a QSTP must provide adequate 
safeguards to prevent contributions on behalf of a designated 
beneficiary in excess of amounts necessary to provide for qualified 
education expenses.
  Two basic tax benefits were provided to contributions to, and 
beneficiaries of, QSTPs under prior law: (1) earnings on amounts 
invested in a QSTP were not subject to tax until a distribution was made 
(or educational benefits were provided), and (2) distributions made on 
behalf of a beneficiary were taxed at the beneficiary's (rather than the 
contributor's) individual income tax rate.
  Effective for taxable years beginning after December 31, 2001 and 
before January 1, 2011, this Act provides for tax-free withdrawals from 
QSTPs for qualified higher education expenses, including tuition and 
fees; certain expenses for room and board; certain expenses for books, 
supplies, and equipment; and expenses of a special needs beneficiary 
that are necessary in connection with enrollment or attendance at an 
eligible education institution. An education tax credit, a tax-free 
distribution from an education savings account, and a tax-free 
distribution from a QSTP are allowed with respect to the same student in 
the same taxable year, provided the credit and the distributions are not 
used for the same expenses. Effective for taxable years beginning after 
December 31, 2003 and before January 1, 2011, this Act allows private 
educational institutions to establish qualified prepaid tuition plans 
(but not savings plans), provided the institution is eligible to 
participate in Federal financial aid programs under Title IV of the 
Higher Education Act of 1965. In addition, the prior law rule imposing a 
more than de minimis monetary penalty on any refund of earnings not used 
for qualified higher education expenses is repealed and replaced with an 
additional 10-percent tax on any payment includible in gross income; 
however, effective for taxable years beginning before January 1, 2004, 
the 10-percent tax does not apply to any distribution from a private 
prepaid tuition program that is includible in gross income but used for 
qualified higher education expenses.

  Provide deduction for qualified higher education expenses.--An above-
the-line deduction is provided for qualified higher education expenses, 
effective for expenses paid in taxable years beginning after December 
31, 2001 and before January 1, 2006. Taxpayers with AGI less than or 
equal to $65,000 ($130,000 for married taxpayers filing a joint return) 
are provided a maximum deduction of $3,000 in taxable years 2002 and 
2003, which increases to $4,000 in taxable years 2004 and 2005. 
Taxpayers with AGI greater than $65,000 and less than or equal to 
$80,000 (greater than $130,000 and less than or equal to $160,000 for 
married taxpayers filing a joint return) are provided a maximum 
deduction of $2,000 for taxable years 2004 and 2005. For a given taxable 
year, the deduction may not be claimed for the qualified education 
expenses of a student if an education tax credit is claimed for the same 
student. In addition, the deduction may not be claimed for amounts taken 
into account in determining the amount excludable from income due to a 
distribution

[[Page 60]]

from an education IRA or the amount of interest excludable from income 
with respect to education savings bonds. A taxpayer may not claim a 
deduction for the amount of a distribution from a qualified tuition plan 
that is excludable from income; however the deduction may be claimed for 
the amount of a distribution from a qualified tuition plan that is not 
attributable to earnings.
  Extend and expand exclusion for employer-provided educational 
assistance.--Certain amounts paid or incurred by an employer for 
educational assistance provided to an employee are excluded from the 
employee's gross income for income and payroll tax purposes. The 
exclusion is limited to $5,250 of educational assistance with respect to 
an individual during a calendar year and applies whether or not the 
education is job-related. The exclusion, which applied to undergraduate 
courses beginning before January 1, 2002 under prior law, is extended to 
apply to courses beginning after December 31, 2001 and before January 1, 
2011, and is expanded to apply to graduate courses.
  Modify student loan interest deduction.--Prior law allowed certain 
individuals to claim an above-the-line deduction for up to $2,500 in 
annual interest paid on qualified education loans, during the first 60 
months in which interest payments were required. The maximum annual 
interest deduction was phased out ratably for single taxpayers with AGI 
between $40,000 and $55,000 ($60,000 and $75,000 for married taxpayers 
filing a joint return). The deduction did not apply to voluntary 
payments, such as interest payments made during a period of loan 
forbearance. Effective for interest paid on qualified education loans 
after December 31, 2001 and before January 1, 2011, both the limit on 
the number of months during which interest paid is deductible and the 
restriction that voluntary payments of interest are not deductible are 
repealed. In addition, the income phase-out ranges for eligibility for 
the deduction are increased to between $50,000 and $65,000 of AGI for a 
single taxpayer ($100,000 and $130,000 for married taxpayers filing a 
joint return). The income phase-out ranges are adjusted annually for 
inflation after 2002.
  Provide tax relief for awards under certain health education 
programs.--Current law provides tax-free treatment for certain 
scholarship and fellowship grants used to pay qualified tuition and 
related expenses, but not to the extent that any grant represents 
compensation for services. Under this Act, amounts received by an 
individual under the National Health Service Corps Scholarship Program 
or the Armed Forces Health Professions Scholarship and Financial 
Assistance Program may be ``qualified scholarships'' excludable from 
income, without regard to the recipient's future service obligation. 
This change is effective for awards received after December 31, 2001 and 
before January 1, 2011.
  Modify arbitrage restrictions on tax-exempt bonds issued by small 
governmental units for public schools.--To prevent tax exempt entities 
from issuing more Federally subsidized tax-exempt bonds than is 
necessary for the activity being financed, current law includes 
arbitrage restrictions limiting the ability to profit from investment of 
tax-exempt bond proceeds. In general, arbitrage profits may be earned 
only during specified periods or on specified types of investments, and, 
subject to limited exceptions, must be rebated to the Federal 
Government. Under prior law, governmental bonds issued by small 
governmental units were not subject to the rebate. Small governmental 
units are defined as general purpose governmental units that issue no 
more than $5 million of tax-exempt governmental bonds in a calendar year 
($10 million of governmental bonds if at least $5 million of the bonds 
are used to finance public schools). Effective for bonds issued after 
December 31, 2001 and before January 1, 2011, this Act increases to $15 
million the maximum amount of governmental bonds that small governmental 
units may issue without being subject to the arbitrage rebate 
requirements, if at least $10 million of the bonds are used for public 
schools.
  Allow States to issue tax-exempt private activity bonds for school 
construction.--Effective for taxable years beginning after December 31, 
2001 and before January 1, 2011, the activities for which States may 
issue tax-exempt private activity bonds is expanded to include the 
construction and equipping of public school facilities owned by private, 
for-profit corporations pursuant to public-private partnership 
agreements with a State or local educational agency. Under such 
agreements the for-profit corporation constructs, rehabilitates, 
refurbishes or equips the school facility, which must be operated by a 
public educational agency as part of a system of public schools; 
ownership reverts to the public agency when the bonds are retired. 
Issuance of these bonds is subject to an annual per-State volume limit 
of $10 per resident (a minimum of $5 million is provided for small 
States); this is in addition to the present-law private activity bond 
per-State volume limit equal to the greater of $75 per resident or $225 
million in 2002, and indexed annually thereafter.

      Estate, Gift, and Generation-Skipping Transfer Tax Provisions

  Phase out and repeal estate and generation-skipping transfer taxes, 
and reduce gift tax rates.--Under prior law, the unified estate and gift 
tax rates on taxable transfers began at 18 percent on the first $10,000 
of cumulative taxable transfers and reached 55 percent on cumulative 
transfers in excess of $3 million. A five-percent surtax (which phased 
out the benefit of the graduated rates and increased the top marginal 
tax rate to 60 percent) was imposed on cumulative transfers between $10 
million and $17,184,000. A generation-skipping transfer tax was im

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posed on transfers made either directly or through a trust or similar 
arrangement to a beneficiary in a generation more than one generation 
below that of the transferor (a ``skip person''). Cumulative generation-
skipping transfers in excess of $1 million (adjusted annually for 
inflation after 1997) were taxed at the top estate and gift tax rate of 
55 percent.
  Under this Act, estate, gift, and generation-skipping transfer tax 
rates are reduced for decedents dying and gifts made after December 31, 
2001 and before January 1, 2010. Estate and generation-skipping transfer 
taxes are repealed for decedents dying after December 31, 2009 and 
before January 1, 2011, while the maximum tax rate on gifts made after 
December 31, 2009 and before January 1, 2011 is reduced to 35 percent on 
gifts in excess of a lifetime exclusion of $1 million (see discussion of 
unified credit below). The reduction in tax rates begins in 2002 with 
the repeal of the five-percent surtax and the reduction of the 53 
percent and 55 percent rates to 50 percent. The maximum tax rate on 
estates, gifts, and generation-skipping transfers is reduced from 50 
percent in 2002 to 49 percent in 2003, 48 percent in 2004, 47 percent in 
2005, 46 percent in 2006, and 45 percent in 2007 through 2009.

  Increase unified credit exemption amount.--Under prior law, the 
unified credit applicable to cumulative taxable transfers by gift and at 
death effectively exempted from tax transfers totaling $675,000 in 2001, 
$700,000 in 2002 and 2003, $850,000 in 2004, $950,000 in 2005 and $1 
million in 2006 and subsequent years. The tax on generation-skipping 
transfers applied only to cumulative transfers in excess of $1 million, 
adjusted annually for inflation after 1997 ($1,060,000 in 2001). This 
Act increases the unified credit effective exemption amount for estate 
and gift tax purposes to $1 million in 2002. The effective exemption 
amount for gift tax purposes will remain at $1 million; however, the 
effective exemption amount for estate and generation-skipping transfer 
tax purposes will increase to $1.5 million in 2004 and 2005, $2.0 
million in 2006 through 2008, and $3.5 million in 2009.
  Reduce and modify allowance for State death taxes paid.--A credit 
against the Federal estate tax for any estate, inheritance, legacy, or 
succession taxes actually paid to any State or the District of Columbia 
with respect to any property included in the decedent's gross estate, 
was provided under prior law. The allowable credit was limited to the 
lesser of the tax paid or a percentage of the decedent's adjusted 
taxable estate (ranging from 0.8 percent of adjusted taxable estate 
between $40,000 and $90,000, up to 16 percent of adjusted taxable estate 
in excess of $10,040,000). This Act reduces the credit rates by 25 
percent in 2002, 50 percent in 2003, and 75 percent in 2004. For 2005 
through 2009, the credit is replaced by a deduction for taxes paid.
  Modify basis of property received.--Under prior law, the basis of 
property passing from a decedent's estate generally was the fair market 
value of the property on the date of the decedent's death. This step up 
(or step down) in basis eliminated the recognition of income on any 
appreciation of the property that occurred prior to the decedent's 
death, and had the effect of eliminating the tax benefit from any 
unrealized loss. Effective for decedent's dying after December 31, 2009 
and before January 1, 2011, the basis of property passing from a 
decedent's estate will be the lesser of the adjusted basis of the 
decedent or the fair market value of the property on the date of the 
decedent's death. Each decedent's estate generally is permitted to 
increase the basis of assets transferred by up to a total of $1.3 
million for assets passing to any heir plus an additional $3 million for 
property transferred to a surviving spouse. Nonresidents who are not 
U.S. citizens are allowed to increase the basis of property by up to 
$60,000. Each estate is also allowed additional basis equal to the 
decedent's unused capital loss and net operating loss carryforwards and 
built-in capital losses.
  Modify other provisions affecting estate, gift, and generation-
skipping transfer taxes.--Other modifications provided in this Act: (1) 
expand the estate tax exclusion for qualified conservation easements, 
(2) change the generation-skipping transfer tax rules to ensure that a 
taxpayer does not inadvertently lose the benefit of the generation-
skipping transfer tax exemption, and (3) expand eligibility for the 
payment of estate and gift taxes in installments.

                    Pension and Retirement Provisions

  Increase contributions to Individual Retirement Accounts (IRAs).--
There are two types of IRAs under present law - Roth IRAs and 
traditional IRAs. Individuals with AGI below certain thresholds may make 
nondeductible contributions to a Roth IRA (deductible contributions are 
not allowed). The maximum allowable annual contribution to a Roth IRA is 
phased out for single taxpayers with AGI between $95,000 and $110,000 
(between $150,000 and $160,000 for married taxpayers filing a joint 
return). Account earnings are not includible in income, and qualified 
distributions from a Roth IRA are tax-free. Both deductible and non-
deductible contributions may be made to a traditional IRA. Contributions 
to a traditional IRA are deductible if neither the individual nor the 
individual's spouse is an active participant in an employer-sponsored 
retirement plan. If the individual is an active participant in an 
employer-sponsored retirement plan, the deduction limit is phased out 
between $34,000 and $44,000 of AGI for single taxpayers (between $54,000 
and $64,000 of AGI for married taxpayers filing a joint return). If the 
individual is not an active participant in an employer-sponsored 
retirement plan but the individual's spouse is an active participant, 
the deduction limit is phased out between $150,000 and $160,000 of AGI. 
All taxpayers may make nondeductible contributions to a traditional IRA, 
regardless of income. Account earnings from IRAs are not includible in 
income when

[[Page 62]]

earned. However, distributions from traditional IRAs are includible in 
income, except to the extent they are a return of nondeductible 
contributions.
  Under prior law, the maximum annual contribution to an IRA was the 
lesser of $2,000 or the individual's compensation. In the case of 
married taxpayers filing a joint return, annual contributions of up to 
$2,000 were allowed for each spouse, provided the combined compensation 
of the spouses was at least equal to the contributed amount. This Act 
increases the maximum annual contribution to an IRA to $3,000 for 
taxable years 2002 through 2004, $4,000 for taxable years 2005 through 
2007, and $5,000 for taxable year 2008. For taxable years 2009 and 2010, 
the limit is adjusted annually for inflation in $500 increments. 
Effective for taxable years beginning after December 31, 2001, 
individuals who attain age 50 before the end of the year may make 
additional catch-up contributions to an IRA. For these individuals, the 
otherwise maximum contribution limit (before application of the AGI 
phase-out limits) is increased by $500 for taxable years 2002 through 
2005 and by $1,000 for taxable years 2006 through 2010.

  Increase contribution and benefit limits under qualified pension 
plans.--Limits on contributions and benefits under qualified pension 
plans are based on the type of plan. Under prior law, annual additions 
to a defined contribution plan with respect to each plan participant 
were limited to the lesser of (1) 25 percent of compensation or (2) 
$35,000 (for 2001), adjusted for inflation in $5,000 increments. Under 
prior law, the maximum annual benefit payable at an individual's social 
security retirement age under a defined benefit plan was generally the 
lesser of (1) 100 percent of average compensation, or (2) $140,000 (for 
2001), adjusted for inflation in $5,000 increments. The annual 
compensation of each participant that could be taken into account for 
purposes of determining contributions and benefits under a plan 
generally was limited to $170,000 (for 2001), adjusted for inflation in 
$10,000 increments. Maximum annual elective deferrals that an individual 
was allowed to make to a qualified cash or deferred arrangement (401(k) 
plan), a tax-sheltered annuity (section 403(b) annuity), or a salary 
reduction simplified employee pension plan (SEP) under prior law were 
limited to $10,500 (for 2001), adjusted for inflation in increments of 
$500. The maximum amount of annual elective deferrals that an individual 
was allowed to make to a savings incentive match plan (SIMPLE plan) 
under prior law was $6,500 (for 2001), adjusted for inflation in 
increments of $500. Under prior law the maximum annual deferral under an 
eligible deferred compensation plan of a State or local government or a 
tax-exempt organization (a section 457 plan) was the lesser of (1) 
$8,500 (for 2001), adjusted for inflation in increments of $500, or (2) 
33 1/3 percent of compensation. In the three years prior to retirement, 
the limit on contributions to an eligible section 457 plan is generally 
increased to twice the otherwise applicable dollar limit.
  Effective for taxable years beginning after December 31, 2001, the 
contribution limit to a defined contribution plan is increased to the 
lesser of 100 percent of compensation or $40,000 (adjusted annually for 
inflation in $1,000 increments after 2002). Effective for taxable years 
ending after December 31, 2001, the benefit limit for defined benefit 
plans is increased to $160,000 (adjusted annually for inflation for 
plans ending after December 31, 2002, in increments of $1,000) and 
calculated as a benefit payable at age 62. The compensation that may be 
taken into account under a plan is increased to $200,000 in 2002 
(indexed annually thereafter in $5,000 increments). The dollar limit on 
annual elective deferrals under section 401(k) plans, section 403(b) 
annuities and salary reduction SEPs is increased to $11,000 in 2002, and 
increased annually thereafter in $1,000 increments, reaching $15,000 in 
2006 (adjusted annually for inflation in increments of $500 after 2006). 
The dollar limit on annual elective deferrals to a SIMPLE plan is 
increased to $7,000 in 2002, and increased annually thereafter in $1,000 
increments, reaching $10,000 in 2005 (adjusted for inflation in 
increments of $500 after 2006). The dollar limit on contributions to an 
eligible section 457 plan is increased to the lesser of (1) 100 percent 
of includable compensation or (2) $11,000 in 2002, $12,000 in 2003, 
$13,000 in 2004, $14,000 in 2005, and $15,000 in 2006 (adjusted for 
inflation in increments of $500 after 2006).

  Permit catch-up contributions to certain salary reduction 
arrangements.--Effective for taxable years beginning after December 31, 
2001, the otherwise applicable dollar limit on elective deferrals under 
a section 401(k) plan, section 403(b) annuity, SEP or SIMPLE plan, or 
deferrals under a section 457 plan is increased for individuals who 
attain age 50 by the end of the year. The additional amount of elective 
contributions that is permitted to be made by an eligible individual 
participating in such a plan is the lesser of: (1) the applicable dollar 
amount or (2) the participant's compensation for the year after 
reduction by any other elective deferrals of the participant for the 
year. The applicable dollar amount under a 401(k) plan, section 403(b) 
plan, SEP, or section 457 plan is $1,000 for 2002, $2,000 for 2003, 
$3,000 for 2004, $4,000 for 2005, and $5,000 for 2006 through 2010 
(adjusted annually for inflation in $500 increments beginning in 2007). 
The applicable dollar amount under a SIMPLE plan is $500 for 2002, 
$1,000 for 2003, $1,500 for 2004, $2,000 for 2005, and $2,500 for 2006 
through 2010 (adjusted annually for inflation in $500 increments 
beginning in 2007).
  Provide a nonrefundable tax credit to certain individuals for elective 
deferrals and IRA contributions.--For taxable years beginning after 
December 31, 2001 and before January 1, 2007, a nonrefundable tax credit 
is provided for up to $2,000 in contributions made by eligible taxpayers 
to a qualified plan or to a traditional or Roth IRA. The credit, which 
is in addition to any deduction or exclusion that would

[[Page 63]]

otherwise apply with respect to the contribution, is available to single 
taxpayers with AGI less than or equal to $25,000 ($37,500 for heads of 
household and $50,000 for married taxpayers filing a joint return). The 
credit is available to individuals who are 18 years of age or older 
(other than individuals who are full-time students or claimed as a 
dependent on another taxpayer's return) and is offset against both the 
regular and alternative minimum tax. The credit rate is 50 percent for 
single taxpayers with AGI less than or equal to $15,000 ($30,000 for 
married taxpayers filing a joint return and $22,500 for heads of 
household), 20 percent for single taxpayers with AGI between $15,000 and 
$16,250 (between $30,000 and $32,500 for married taxpayers filing a 
joint return and between $22,500 and $24,375 for heads of household), 
and 10 percent for single taxpayers with AGI between $16,250 and $25,000 
(between $32,500 and $50,000 for married taxpayers filing a joint return 
and between $24,375 and $37,500 for heads of household).
  Provide tax credit for new retirement plan expenses of small 
businesses.--Effective for taxable years beginning after December 31, 
2001, a nonrefundable tax credit is provided for qualified 
administrative and retirement-education expenses incurred by a small 
business (an employer that did not employ, in the preceding year, more 
than 100 employees with compensation in excess of $5,000) that adopts a 
new qualified defined benefit or defined contribution plan (including a 
section 401(k) plan), SIMPLE plan, or SEP. The credit applies to 50 
percent of the first $1,000 in qualifying expenses for the plan for each 
of the first three years of the plan. The 50 percent of qualifying 
expenses offset by the credit are not deductible; the other 50 percent 
of qualifying expenses (and other expenses) are deductible as under 
prior law.
  Modify other pension and retirement provisions.--In addition to the 
provisions described above, this Act expands coverage in pension and 
retirement plans through provisions that: (1) require accelerated 
vesting for matching employer contributions, (2) modify the definition 
of key employee, (3) eliminate IRS user fees for certain determination 
letter requests regarding employer plans, (4) modify the application of 
the deduction limitation with regard to elective deferral contributions, 
(5) repeal the rules coordinating contributions to eligible section 457 
plans with contributions under other types of plans, (6) increase the 
annual limitation on the amount of deductible contributions made by an 
employer to a profit-sharing or stock bonus plan, (7) modify the 
definition of compensation for purposes of the deduction rules, (8) 
provide the option to treat elective deferrals as after-tax 
contributions, (9) improve notice to employees for pension amendments 
reducing future accruals, (10) increase portability, (11) strengthen 
pension security and enforcement, and (12) reduce regulatory burdens.

                            Other Provisions

  Provide minimum tax relief to individuals.--An alternative minimum tax 
is imposed on individuals to the extent that the tentative minimum tax 
exceeds the regular tax. An individual's tentative minimum tax generally 
is equal to the sum of: (1) 26 percent of the first $175,000 ($87,500 in 
the case of a married individual filing a separate return) of 
alternative minimum taxable income (taxable income modified to take 
account of specified preferences and adjustments) in excess of an 
exemption amount and (2) 28 percent of the remaining alternative minimum 
taxable income. The AMT exemption amounts under prior law were: (1) 
$45,000 for married taxpayers filing a joint return and surviving 
spouses; (2) $33,750 for single taxpayers, and (3) $22,500 for married 
taxpayers filing a separate return, estates and trusts. The exemption 
amounts are phased out by an amount equal to 25 percent of the amount by 
which the individual's alternative minimum taxable income exceeds: (1) 
$150,000 for married taxpayers filing a joint return and surviving 
spouses, (2) $112,500 for single taxpayers, and (3) $75,000 for married 
taxpayers filing a separate return, estates and trusts. The exemption 
amounts, the threshold phase-out amounts, and the rate brackets are not 
indexed for inflation. Effective for taxable years beginning after 
December 31, 2001 and before January 1, 2005, the exemption amount is 
increased to $49,000 for married taxpayers filing a joint return and 
surviving spouses, $35,750 for single taxpayers, and $24,500 for married 
taxpayers filing a separate return, estates and trusts.
  Modify the timing of estimated tax payments by corporations.--
Corporations generally are required to pay their income tax liability in 
quarterly estimated payments. For corporations that keep their accounts 
on a calendar year basis, these payments are due on or before April 15, 
June 15, September 15 and December 15 (if these dates fall on a holiday 
or weekend, payment is due on the next business day). This Act allowed 
corporations to delay the estimated payment otherwise due on September 
17, 2001 until October 1, 2001; 20 percent of the estimated tax payment 
otherwise due on September 15, 2004 may be delayed until October 1, 
2004.

               VICTIMS OF TERRORISM TAX RELIEF ACT OF 2001

  This Act provides income and estate tax relief to the survivors of 
victims of (1) the September 11, 2001 terrorist attacks on the United 
States, (2) the April 19, 1995 Oklahoma City bombing, and (3) exposure 
to anthrax on or after September 11, 2001 and before January 1, 2002. 
General relief is also provided for victims of disasters and terrorist 
actions. The tax relief provided in this Act does not apply to any 
individual identified by the Attorney General to have been a participant 
or conspirator in the terrorist attack or attacks to which a specific 
provision applies, or a representative

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of such individual. The major provisions of this Act are described 
below.

  Provide individual income tax relief to victims of terrorist 
attacks.--Under current law an individual in active service as a member 
of the Armed Forces who dies while serving in a combat zone is not 
subject to income tax for the year of death (as well as for any prior 
taxable year ending on or after the first day the individual served in 
the combat zone). In addition, military and civilian employees of the 
United States are exempt from income taxes if they die as a result of 
wounds or injury incurred outside the United States in terrorist or 
military action. This exemption is available for the year of death and 
for prior taxable years beginning with the taxable year prior to the 
taxable year in which the wounds or injury were incurred. This Act 
extends relief similar to the present-law treatment of military or 
civilian employees of the United States who die as a result of terrorist 
or military activity outside the United States to individuals who die 
from wounds or injury incurred as a result of: (1) the terrorist attacks 
on September 11, 2001 or April 19, 1995, or (2) exposure to anthrax on 
or after September 11, 2001 and before January 1, 2002. These 
individuals (whether killed as a result of an attack or in rescue or 
recovery operations) generally are exempt from income tax for the year 
of death and for prior taxable years beginning with the taxable year 
prior to the taxable year in which the wounds or injury occurred. A 
minimum tax relief benefit of $10,000 will be provided to each eligible 
individual regardless of the income tax liability incurred during the 
eligible tax years.
  Exclude certain death benefits from gross income.--In general, gross 
income includes income from whatever source derived, including payments 
made as a result of the death of an individual. Under this Act, amounts 
paid by an employer by reason of the death of an employee attributable 
to wounds or injury incurred as a result of the terrorist attacks on 
September 11, 2001 or April 19, 1995, or exposure to anthrax on or after 
September 11, 2001 and before January 1, 2002, are excluded from gross 
income. Subject to rules prescribed by the Secretary of the Treasury, 
the exclusion does not apply to amounts that would have been payable if 
the individual had died for a reason other than the specified attacks.
  Provide a reduction in Federal estate taxes.--Under current law a 
reduction in Federal estate taxes is provided for taxable estates of 
U.S. citizens or residents who are active members of the U.S. Armed 
Forces and who are killed in action while serving in a combat zone. This 
estate tax reduction also applies to active service members who die as a 
result of wounds, disease, or injury suffered while serving in a combat 
zone by reason of a hazard to which the service member was subjected as 
an incident of such service. This Act simplifies the estate tax relief 
provided for combat-related deaths and generally treats individuals who 
die from wounds or injury incurred as a result of the terrorist attacks 
that occurred on September 11, 2001 and April 19, 1995, or as a result 
of exposure to anthrax on or after September 11, 2001 and before January 
1, 2002, in the same manner as if they were active members of the U.S. 
Armed Forces killed in action while serving in a combat zone or dying as 
a result of wounds or injury suffered while serving in a combat zone. 
The executor of an estate eligible for the reduction may elect not to 
have the reduction apply if more favorable tax treatment would be 
available under generally applicable rules. The reduction effectively 
shields the first $8.8 million of a victim's estate from Federal estate 
taxes and reduces estate tax rates.
  Treat payments by charitable organizations as exempt payments.--Under 
current law, charitable organizations generally are exempt from 
taxation. Such organizations must be organized and operated exclusively 
for exempt purposes and no part of the net earnings of such 
organizations may inure to the benefit of any private shareholder or 
individual. Such organizations must serve a public rather than a private 
interest and generally must serve a charitable class of persons that is 
indefinite or of sufficient size. Under this Act, charitable 
organizations that make payments on or after September 11, 2001 by 
reason of the death, injury, wounding, or illness of an individual 
incurred as a result of the September 11, 2001 attacks, or as a result 
of exposure to anthrax occurring on or after September 11, 2001 and 
before January 1, 2002, are not required to make a specific assessment 
of need for the payments to be related to the purpose or function 
constituting the basis for the organization's exemption. This rule 
applies provided that the organization makes the payments in good faith 
using a reasonable and objective formula that is consistently applied. 
Such payments must be for public and not private benefit and must serve 
a charitable class. Similarly, if a tax-exempt private foundation makes 
payments under the conditions described above, the payment will not be 
subject to excise taxes on self-dealing, even if made to a person who is 
otherwise disqualified under current law.
  Provide exclusion for certain cancellations of indebtedness.--Gross 
income generally includes income that is realized by a debtor from the 
discharge of indebtedness, subject to certain exceptions for debtors in 
Title 11 bankruptcy cases, insolvent debtors, certain farm indebtedness, 
and certain real property business indebtedness. Under this Act, an 
exclusion from gross income is provided for any amount realized from the 
discharge (in whole or in part) of indebtedness if the indebtedness is 
discharged by reason of the death of an individual incurred as a result 
of the September 11, 2001 terrorist attacks, or as a result of anthrax 
exposure occurring on or after September 11, 2001 and before January 1, 
2002. This exclusion applies to discharges made on or after September 
11, 2001 and before January 1, 2002.

[[Page 65]]

  Provide general tax relief for victims of terrorist/military actions, 
Presidentially-declared disasters, and certain other disasters.--This 
Act also: (1) clarifies that payments of compensation made under the Air 
Transportation Safety and System Stabilization Act are excludable from 
gross income, (2) provides a specific exclusion from gross income for 
``qualified disaster relief payments,'' (3) expands the authority of the 
Secretary of the Treasury to prescribe regulations concerning deadlines 
for performing various acts under the Internal Revenue Code and the 
waiver of interest on underpayments of tax liability, (4) expands the 
present-law exclusion from gross income for disability income of U.S. 
civilian employees attributable to a terrorist attack outside the United 
States to apply to disability income received by any individual 
attributable to a terrorist or military action, (5) extends the income 
tax relief provided under current law to U.S. military and civilian 
personnel who die as a result of terrorist or military activity outside 
the United States to such personnel regardless of where the terrorist or 
military action occurs, (6) modifies the tax treatment of structured 
settlement arrangements, (7) modifies the personal exemption deduction 
for certain disability trusts, and (8) expands the availability of 
returns and return information for purposes of investigating terrorist 
incidents, threats, or activities, and for analyzing intelligence 
concerning terrorist incidents, threats, or activities.

       RAILROAD RETIREMENT AND SURVIVORS' IMPROVEMENT ACT OF 2001

  The Federally administered railroad retirement system is a two-tier 
system consisting of social security equivalent benefits (frequently 
referred to as Tier I benefits) and a rail industry pension plan 
(frequently referred to as Tier II benefits). This Act modernizes the 
financing of the railroad retirement system and provides enhanced 
benefits to retirees and survivors. Under prior law, the Tier II payroll 
tax levied on the annual taxable wage base of rail industry employees 
was 16.1 percent for employers and 4.9 percent for employees. This Act 
reduces the rate for employers to 15.6 percent in 2002 and to 14.2 
percent in 2003. Starting in 2004, the rates are adjusted annually and 
linked to the level of Tier II reserves. Under current estimates, those 
rates are expected to be 13.1 percent for employers and 4.9 percent for 
employees; the rates necessary to maintain reserves at a level 
sufficient to fund benefits for four years. If the reserve fund falls 
below the level sufficient to fund four years of benefits or increases 
to a level sufficient to fund more than six years of benefits, then 
payroll tax rates would change according to a schedule set in the Act. 
The rate on employers can vary between 8.2 percent and 22.1 percent, 
while the rate on employees can vary between zero and 4.9 percent.

               INVESTOR AND CAPITAL MARKETS FEE RELIEF ACT

  The Securities and Exchange Commission (SEC) collects fees for 
registrations, mergers, and transactions of securities. Under prior law, 
some of these fees were classified as receipts and others were 
classified as offsetting collections (outlays). The specific fees 
collected included the following: (1) Transaction fees equal to 1/300th 
of a percent (1/800th of a percent beginning in 2008) of the aggregate 
dollars traded through national securities exchanges, national 
securities associations, brokers, and dealers. (2) Registration fees 
equal to $200 per $1 million ($67 per $1 million beginning in 2007) of 
the maximum aggregate price for securities that are proposed to be 
offered. Additional registration fees (subject to appropriation) equal 
to $39 per $1 million for 2002 ($28 for 2003, $9 for 2004, $5 for 2005 
and zero for 2006 and subsequent years) of the aggregate price for 
securities proposed to be offered. (3) Merger fees equal to $200 per $1 
million of the value of securities proposed to be purchased as part of a 
merger. (4) Assessments on transactions of single stock futures equal to 
$.02 per transaction ($.0075 per transaction beginning in 2007).
  This Act reclassifies all of these fees as offsetting collections 
(outlays) and adjusts the fee rates as follows: (1) Transaction fees are 
reduced to $15 per $1 million of the aggregate dollars traded. For 2003 
and each subsequent year, the SEC is required to establish a rate that 
would generate transaction fee collections equal to a target amount for 
that year. (2) Registration fees are reduced to $92 per $1 million of 
the maximum aggregate price for securities that are proposed to be 
offered. For 2003 and each subsequent year, the SEC is required to 
establish a fee rate that would generate collections equal to a target 
amount. (3) Merger fees are reduced to $92 per $1 million of the value 
of securities proposed to be purchased as part of a merger. For 2003 and 
each subsequent year, these fees would be equal to the rate for 
registration fees. (4) Assessments on transactions of single stock 
futures would be reduced to $0.009 per transaction for 2002 through 2006 
and then fall to $0.0042 per transaction for 2007 and subsequent years.

                        ADMINISTRATION PROPOSALS

   The President's plan provides tax incentives for charitable giving, 
education, the disabled, health care, farmers, and the environment. It 
also provides tax incentives designed to increase domestic production of 
oil and gas and promote energy conservation, extends for two years 
provisions that expired in 2001, permanently extends the research and 
experimentation (R&E) tax credit, and permanently extends the provisions 
of the Economic Growth and Tax Relief Reconciliation Act of 2001 that 
sunset on December 31, 2010. In addition, the President intends to work 
with the Congress in a bipartisan manner to enact an economic security 
plan

[[Page 66]]

that will provide an immediate and effective stimulus to the Nation's 
economy. In addition, the Treasury Department will be conducting a 
thorough review of means of simplifying the tax code. The Administration 
intends to work with Congress, tax practitioners, tax administrators, 
and taxpayers to produce meaningful simplification. An introduction to 
these efforts is contained at the end of this Chapter.

                    BIPARTISAN ECONOMIC SECURITY PLAN

   The President believes that it is crucial for Congress to quickly 
pass an economic security bill that will reinvigorate economic growth 
and assist workers affected by the economic downturn that has followed 
the terrorist attacks of September 11, 2001. To prevent further job 
losses and help displaced workers get back to work quickly, the 
Administration will continue to work with Congress in a bipartisan 
manner to enact an economic stimulus package and a worker assistance 
package to provide additional temporary, quick, and effective help for 
those who have lost their jobs

                             TAX INCENTIVES

                Provide Incentives for Charitable Giving

  Provide charitable contribution deduction for nonitemizers.--Under 
current law, individual taxpayers who do not itemize their deductions 
(nonitemizers) are not able to deduct contributions to qualified 
charitable organizations. The Administration proposes to allow 
nonitemizers to deduct charitable contributions in addition to claiming 
the standard deduction, effective for taxable years beginning after 
December 31, 2001. The deduction would be phased in between 2002 and 
2012, as follows: (1) Single taxpayers would be allowed a maximum 
deduction of $100 in 2002 through 2004, $300 in 2005 through 2011, and 
$500 in 2012 and subsequent years. (2) Married taxpayers filing a joint 
return would be allowed a maximum deduction of $200 in 2002 through 
2004, $600 in 2005 through 2011, and $1,000 in 2012 and subsequent 
years. Deductible contributions would be subject to existing rules 
governing itemized charitable contributions, such as the substantiation 
requirements and the percentage-of-AGI limitations.
  Permit tax-free withdrawals from IRAs for charitable contributions.--
Under current law, eligible individuals may make deductible or non-
deductible contributions to a traditional IRA. Pre-tax contributions and 
earnings in a traditional IRA are included in income when withdrawn. 
Effective for distributions after December 31, 2001, the Administration 
proposes to allow individuals who have attained age 59\1/2\ to exclude 
from gross income IRA distributions made directly to a charitable 
organization. The exclusion would apply without regard to the 
percentage-of-AGI limitations that apply to deductible charitable 
contributions. The exclusion would apply only to the extent the 
individual receives no return benefit in exchange for the transfer, and 
no charitable deduction would be allowed with respect to any amount that 
is excludable from income under this provision.
  Raise the cap on corporate charitable contributions.--Current law 
limits deductible charitable contributions by corporations to 10 percent 
of net income (calculated before the deduction of the charitable 
contributions and certain other deductions). The Administration proposes 
to increase the limit on deductible charitable contributions by 
corporations from 10 percent to 15 percent of net income, effective for 
taxable years beginning after December 31, 2001.
  Expand and increase the enhanced charitable deduction for 
contributions of food inventory.--A taxpayer's deduction for charitable 
contributions of inventory generally is limited to the taxpayer's basis 
(typically cost) in the inventory. However, for certain contributions of 
inventory, C corporations may claim an enhanced deduction equal to the 
lesser of: (1) basis plus one half of the fair market value in excess of 
basis, or (2) two times basis. To be eligible for the enhanced 
deduction, the contributed property generally must be inventory of the 
taxpayer, contributed to a charitable organization, and the donee must 
(1) use the property consistent with the donee's exempt purpose solely 
for the care of the ill, the needy, or infants, (2) not transfer the 
property in exchange for money, other property, or services, and (3) 
provide the taxpayer a written statement that the donee's use of the 
property will be consistent with such requirements. To use the enhanced 
deduction, the taxpayer must establish that the fair market value of the 
donated item exceeds basis.
  Under the Administration's proposal, which is designed to encourage 
contributions of food inventory to charitable organizations, any 
taxpayer engaged in a trade or business would be eligible to claim an 
enhanced deduction for donations of food inventory. The enhanced 
deduction for donations of food inventory would be increased to the 
lesser of: (1) fair market value, or (2) two times basis. However, to 
ensure consistent treatment of all businesses claiming an enhanced 
deduction for donations of food inventory, the enhanced deduction for 
qualified food donations by S corporations and non-corporate taxpayers 
would be limited to 15 percent of net income from the trade or business. 
A special provision would allow taxpayers with a zero or low basis in 
the qualified food donation (e.g., taxpayers that use the cash method of 
accounting for purchases and sales, and taxpayers that are not required 
to capitalize indirect costs) to assume a basis equal to 25 percent of 
fair market value. The enhanced deduction would be available only for 
donations of ``apparently wholesome food'' (food intended for human 
consumption that meets all quality and labeling standards imposed by 
Federal, State, and local laws and regulations, even though the food may 
not be readily marketable due to appearance, age, freshness, grade, 
size, surplus, or other conditions). The fair market value of 
``apparently wholesome food'' that cannot or will not be

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sold solely due to internal standards of the taxpayer or lack of market, 
would be determined by taking into account the price at which the same 
or substantially the same food items are sold by the taxpayer at the 
time of the contribution or, if not sold at such time, in the recent 
past. These proposed changes in the enhanced deduction for donations of 
food inventory would be effective for taxable years beginning after 
December 31, 2001.

  Reform excise tax based on investment income of private foundations.--
Under current law, private foundations that are exempt from Federal 
income tax are subject to a two-percent excise tax on their net 
investment income (one-percent if certain requirements are met). The tax 
on private foundations that are not exempt from Federal income tax, such 
as certain charitable trusts, is equal to the excess of the sum of the 
excise tax that would have been imposed if the foundation were tax 
exempt and the amount of the unrelated business income tax that would 
have been imposed if the foundation were tax exempt, over the income tax 
imposed on the foundation. To encourage increased charitable activity 
and simplify the tax laws, the Administration proposes to replace the 
two rates of tax on the net investment income of private foundations 
that are exempt from Federal income tax with a single tax rate of one 
percent. The tax on private foundations not exempt from Federal income 
tax would be equal to the excess of the sum of the one-percent excise 
tax that would have been imposed if the foundation were tax exempt and 
the amount of the unrelated business income tax what would have been 
imposed if the foundation were tax exempt, over the income tax imposed 
on the foundation. The proposed change would be effective for taxable 
years beginning after December 31, 2001.
  Modify tax on unrelated business taxable income of charitable 
remainder trusts.--A charitable remainder annuity trust is a trust that 
is required to pay, at least annually, a fixed dollar amount of at least 
five percent of the initial value of the trust to a noncharity for the 
life of an individual or for a period of 20 years or less, with the 
remainder passing to charity. A charitable remainder unitrust is a trust 
that generally is required to pay, at least annually, a fixed percentage 
of at least five percent of the fair market value of the trust's assets 
determined at least annually to a non-charity for the life of an 
individual or for a period of 20 years or less, with the remainder 
passing to charity. A trust does not qualify as a charitable remainder 
annuity if the annuity for a year is greater than 50 percent of the 
initial fair market value of the trust's assets. A trust does not 
qualify as a charitable remainder unitrust if the percentage of assets 
that are required to be distributed at least annually is greater than 50 
percent. A trust does not qualify as a charitable remainder annuity 
trust or a charitable remainder unitrust unless the value of the 
remainder interest in the trust is at least 10 percent of the value of 
the assets contributed to the trust. Distributions from a charitable 
remainder annuity trust or charitable remainder unitrust, which are 
included in the income of the beneficiary for the year that the amount 
is required to be distributed, are treated in the following order as: 
(1) ordinary income to the extent of the trust's current and previously 
undistributed ordinary income for the trust's year in which the 
distribution occurred, (2) capital gains to the extent of the trust's 
current capital gain and previously undistributed capital gain for the 
trust's year in which the distribution occurred, (3) other income to the 
extent of the trust's current and previously undistributed other income 
for the trust's year in which the distribution occurred, and (4) corpus 
(trust principal).
  Charitable remainder annuity trusts and charitable remainder unitrusts 
are exempt from Federal income tax; however, such trusts lose their 
income tax exemption for any year in which they have unrelated business 
taxable income. Any taxes imposed on the trust are required to be 
allocated to trust corpus. The Administration proposes to levy a 100-
percent excise tax on the unrelated business taxable income of 
charitable remainder trusts, in lieu of removing the Federal income tax 
exemption for any year in which unrelated business taxable income is 
incurred. This change, which is a more appropriate remedy than loss of 
tax exemption, is proposed to become effective for taxable years 
beginning after December 31, 2001, regardless of when the trust was 
created.

  Modify basis adjustment to stock of S corporations contributing 
appreciated property.--Under current law, each shareholder in an S 
corporation separately accounts for his/her pro rata share of the S 
corporation's charitable contributions in determining his/her income tax 
liability. A shareholder's basis in the stock of the S corporation must 
be reduced by the amount of his/her pro-rata share of the S 
corporation's charitable contribution. In order to preserve the benefit 
of providing a charitable contribution deduction for contributions of 
appreciated property and to prevent the recognition of gain on the 
contributed property on the disposition of the S corporation stock, the 
Administration proposes to allow a shareholder in an S corporation to 
increase his/her basis in the stock of an S corporation by an amount 
equal to the excess of the shareholder's pro rata share of the S 
corporation's charitable contribution over the stockholder's pro rata 
share of the adjusted basis of the contributed property. The proposal 
would be effective for taxable years beginning after December 31, 2001.
  Allow expedited consideration of applications for exempt status.--The 
Administration proposes to allow expedited consideration of applications 
for exempt status by organizations formed for the primary purpose of 
providing social services to the poor and the needy. To be eligible, the 
organization must have applied for a grant under a Federal, State, or 
local program that provides funding for social service programs on or be

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fore the day that the organization applies to the Secretary of the 
Treasury for determination of its exempt status. Organizations that 
demonstrate that under the terms of the grant program exempt status is 
required before the organization is eligible to apply for a grant would 
also qualify for expedited consideration. Each organization would be 
required to include with its application for exempt status a copy of its 
completed grant application. The proposal would be effective for taxable 
years beginning after December 31, 2001.

                     Strengthen and Reform Education

  Provide refundable tax credit for certain costs of attending a 
different school for pupils assigned to failing public schools.--Under 
the Administration's proposal, a refundable tax credit would be allowed 
for 50 percent of the first $5,000 of qualifying elementary and 
secondary education expenses incurred during the taxable year with 
respect to enrollment of a qualifying student in a qualifying school. 
Qualifying students would be those who, for a given school year, would 
normally attend a public school determined by the State as not having 
made ``adequate yearly progress'' under the terms of the Elementary and 
Secondary Education Act as amended by the No Child Left Behind Act of 
2001. A qualifying student in one school year generally would qualify 
for an additional school year even if the school normally attended made 
adequate yearly progress by the beginning of the second school year. A 
qualifying school would be any public school making adequate yearly 
progress or private elementary or secondary school. Qualifying expenses 
generally would be tuition, required fees, and transportation costs 
incurred by the taxpayer in connection with the attendance at a 
qualifying school. The proposal would be effective with respect to 
expenses incurred beginning with the 2002-2003 school year through the 
2006-2007 school year.
  Allow teachers to deduct out-of-pocket classroom expenses.--Under 
current law, teachers who incur unreimbursed, job-related expenses may 
deduct those expenses to the extent that when combined with other 
miscellaneous itemized deductions they exceed 2 percent of AGI, but only 
if the teacher itemizes deductions (i.e., does not use the standard 
deduction). Effective for expenses incurred in taxable years beginning 
after December 31, 2003, the Administration proposes to allow certain 
teachers and other elementary and secondary school professionals to 
treat up to $400 in qualified out-of-pocket classroom expenses as a non-
itemized deduction (above-the-line deduction). Unreimbursed expenditures 
for certain books, supplies and equipment related to classroom 
instruction and for certain professional training programs would qualify 
for the deduction.

                          Invest in Health Care

  Provide refundable tax credit for the purchase of health insurance.--
Current law provides a tax preference for employer-provided group health 
insurance plans, but not for individually purchased health insurance 
coverage except to the extent that deductible medical expenses exceed 
7.5 percent of AGI or the individual has self-employment income. The 
Administration proposes to make health insurance more affordable for 
individuals not covered by an employer plan or a public program. 
Effective for taxable years beginning after December 31, 2002, a new 
refundable tax credit would be provided for the cost of health insurance 
purchased by individuals under age 65. The credit would provide a 
subsidy for a percentage of the health insurance premium, up to a 
maximum includable premium. The maximum subsidy percentage would be 90 
percent for low-income taxpayers and would phase down with income. The 
maximum credit would be $1,000 for an adult and $500 for a child. The 
credit would be phased out at $30,000 for single taxpayers and $60,000 
for families purchasing a family policy.
  Individuals could claim the tax credit for health insurance premiums 
paid as part of the normal tax-filing process. Alternatively, beginning 
July 1, 2003, the tax credit would be available in advance at the time 
the individual purchases health insurance. The advance credit would 
reduce the premium paid by the individual to the health insurer, and the 
health insurer would be reimbursed directly by the Department of 
Treasury for the amount of the advance credit. Eligibility for an 
advance credit would be based on an individual's prior year tax return. 
To qualify for the credit, a health insurance policy would have to 
include coverage for catastrophic medical expenses. Qualifying insurance 
could be purchased in the individual market. Qualifying health insurance 
could also be purchased through private purchasing groups, State-
sponsored insurance purchasing pools, and high-risk pools. Such groups 
may help reduce health insurance costs and increase coverage options for 
individuals, including older and higher-risk individuals. Individuals 
would not be allowed to claim the credit and make a contribution to an 
Archer Medical Savings Account (MSA) for the same taxable year.

  Provide an above-the-line deduction for long-term care insurance 
premiums.--Current law provides a tax preference for employer-paid long-
term care insurance. However, the vast majority of the long-term care 
insurance market consists of individually purchased policies, for which 
no tax preference is provided except to the extent that deductible 
medical expenses exceed 7.5 percent of AGI or the individual has self-
employment income. Premiums on qualified long-term care insurance are 
deductible as a medical expense, subject to annual dollar limitations 
that increase with age. The Administration proposes to make 
individually-

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purchased long-term care insurance (the vast majority of the long-term 
care insurance market) more affordable by creating an above-the-line 
deduction for qualified long-term care insurance premiums. To qualify 
for the deduction, the long-term care insurance would be required to 
meet certain standards providing consumer protections. The deduction 
would be available to taxpayers who individually purchase qualified 
long-term care insurance and to those who pay at least 50 percent of the 
cost of employer-provided coverage. The deduction would be effective for 
taxable years beginning after December 31, 2003 but would be phased in 
over five years. The deduction would be subject to current law annual 
dollar limitations on qualified long-term care insurance premiums.
  Allow up to $500 in unused benefits in a health flexible spending 
arrangement to be carried forward to the next year.--Under current law, 
unused benefits in a health flexible spending arrangement under a 
cafeteria plan for a particular year revert to the employer at the end 
of the year. Effective for plan years beginning after December 31, 2003, 
the Administration proposes to allow up to $500 in unused benefits in a 
health flexible spending arrangement at the end of a particular year to 
be carried forward to the next plan year.
  Provide additional choice with regard to unused benefits in a health 
flexible spending arrangement.--In addition to the proposed carryforward 
of unused benefits (see preceding discussion), the Administration 
proposes to allow up to $500 in unused benefits in a health flexible 
spending arrangement at the end of a particular year to be distributed 
to the participant as taxable income, contributed to an Archer MSA, or 
contributed to the employer's 401(k), 403(b), or governmental 457(b) 
retirement plan. Amounts distributed to the participant would be subject 
to income tax withholding and employment taxes. Amounts contributed to 
an Archer MSA or retirement plan would be subject to the normal rules 
applicable to elective contributions to the receiving plan or account. 
The proposal would be effective for plan years beginning after December 
31, 2003.
  Permanently extend and reform Archer Medical Savings Accounts.--
Current law allows only self-employed individuals and employees of small 
firms to establish Archer MSAs, and caps the number of accounts at 
750,000. In addition to other requirements, (1) individuals who 
establish MSAs must be covered by a high-deductible health plan (and no 
other plan) with a deductible of at least $1,650 but not greater than 
$2,500 for policies covering a single person and a deductible of at 
least $3,300 but not greater than $4,950 in all other cases, (2) tax-
preferred contributions are limited to 65 percent of the deductible for 
single policies and 75 percent of the deductible for other policies, and 
(3) either an individual or an employer, but not both, may make a tax-
preferred contribution to an MSA for a particular year. The 
Administration proposes to permanently extend the MSA program, which is 
scheduled to expire on December 31, 2002, and to modify the program to 
make it more consistent with currently available health plans. Effective 
after December 31, 2002, the Administration proposes to remove the 
750,000 cap on the number of accounts. In addition, the program would be 
reformed by (1) expanding eligibility to include all individuals and 
employees of firms of all sizes covered by a high-deductible health 
plan, (2) modifying the definition of high deductible to permit a 
deductible as low as $1,000 for policies covering a single person and 
$2,000 in all other cases, (3) increasing allowable tax-preferred 
contributions to 100 percent of the deductible, (4) allowing tax-
preferred contributions by both employers and employees for a particular 
year, up to the applicable maximum, (5) allowing contributions to MSAs 
under cafeteria plans, and (6) permitting qualified plans to provide, 
without counting against the deductible, up to $100 of coverage for 
allowable preventive services per covered individual each year. 
Individuals would not be allowed to make a contribution to an MSA and 
claim the proposed refundable tax credit for health insurance premiums 
for the same taxable year.
  Provide an additional personal exemption to home caretakers of family 
members.--Current law provides a tax deduction for certain long-term 
care expenses. In addition, taxpayers are allowed to claim exemptions 
for themselves (and their spouses, if married) and dependents who they 
support. However, neither provision may meet the needs of taxpayers who 
provide long-term care in their own home for close family members. 
Effective for taxable years beginning after December 31, 2003, the 
Administration proposes to provide an additional personal exemption to 
taxpayers who care for certain qualified family members who reside with 
the taxpayer in the household maintained by the taxpayer. A taxpayer is 
considered to maintain a household only if he/she furnishes over half of 
the annual cost of maintaining the household. Qualified family members 
would include any individual with long-term care needs who (1) is the 
spouse of the taxpayer or an ancestor of the taxpayer or the spouse of 
such an ancestor and (2) is a member of the taxpayer's household for the 
entire year. An individual would be considered to have long-term care 
needs if he or she were certified by a licensed physician (prior to the 
filing of a return claiming the exemption) as being unable for at least 
180 consecutive days to perform at least two activities of daily living 
without substantial assistance from another individual due to a loss of 
functional capacity. Alternatively, an individual would be considered to 
have long-term care needs if he or she were certified by a licensed 
physician as, for at least 180 consecutive days, (1) requiring 
substantial supervision to be protected from threats to his or her own 
health and safety due to severe cognitive impairment and (2) being 
unable to perform at least one activity of daily living or being unable 
to engage in age appropriate activities.

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                   Assist Americans With Disabilities

  Exclude from income the value of employer-provided computers, software 
and peripherals.--The Administration proposes to allow individuals with 
disabilities to exclude from income the value of employer-provided 
computers, software or other office equipment that are necessary for the 
individual to perform work for the employer at home. To qualify for the 
exclusion, the employee would be required to make substantial use of the 
equipment (relative to overall use) performing work for his or her 
employer. However, unlike current law, which limits the exclusion to the 
extent that the equipment is used to perform work for the employer, the 
proposed exclusion would apply to all use of such equipment, including 
use by the employee for personal or non-employer-related trade or 
business purposes. Employees would be required to provide their employer 
with a certification from a licensed physician that they meet 
eligibility criteria. The proposal would be effective for taxable years 
beginning after December 31, 2003.

          Help Farmers and Fishermen Manage Economic Downturns

  Establish Farm, Fish and Ranch Risk Management (FFARRM) savings 
accounts.--Current law does not provide for the elective deferral of 
farm or fishing income. However, farmers can elect to average their 
farming income over a three-year period, and farmers may carry back net 
operating losses over the five previous years. In addition, taxes can be 
deferred on certain forms of income, including disaster payments, crop 
insurance and proceeds from emergency livestock sales. The 
Administration proposes to allow up to 20 percent of taxable income 
attributable to an eligible farming or fishing business to be 
contributed to a FFARRM savings account each year and deducted from 
income. Earnings on contributions would be taxable as earned and 
distributions from the account (except those attributable to earnings on 
contributions) would be included in gross income. Any amount not 
distributed within five years of deposit would be deemed to have been 
distributed and included in gross income; in addition, such 
distributions would be subject to a 10-percent surtax. The proposal 
would be effective for taxable years beginning after December 31, 2003.

                     Increase Housing Opportunities

  Provide tax credit for developers of affordable single-family 
housing.--The Administration proposes to provide annual tax credit 
authority to States (including U.S. possessions) designed to promote the 
development of affordable single-family housing in low-income urban and 
rural neighborhoods. Beginning in calendar year 2003, first-year credit 
authority of $1.75 per capita (indexed annually for inflation 
thereafter) would be made available to each State. State housing 
agencies would award first-year credits to single-family housing units 
comprising a project located in a census tract with median income equal 
to 80 percent or less of area median income. Units in condominiums and 
cooperatives could qualify as single-family housing. Credits would be 
awarded as a fixed amount for individual units comprising a project. The 
present value of the credits, determined on the date of a qualifying 
sale, could not exceed 50 percent of the cost of constructing a new home 
or rehabilitating an existing property. The taxpayer (developer or 
investor partnership) owning the housing unit immediately prior to the 
sale to a qualified buyer would be eligible to claim credits over a 5-
year period beginning on the date of sale. Eligible homebuyers would be 
required to have incomes equal to 80 percent or less of area median 
income. Technical features of the provision would follow similar 
features of current law with respect to the low-income housing tax 
credit and mortgage revenue bonds.

                            Encourage Saving

  Establish Individual Development Accounts (IDAs).--The Administration 
proposes to allow eligible individuals to make contributions to a new 
savings vehicle, the Individual Development Account, which would be set 
up and administered by qualified financial institutions, nonprofit 
organizations, or Indian tribes (qualified entities). Citizens or legal 
residents of the United States between the ages of 18 and 60 who cannot 
be claimed as a dependent on another taxpayer's return, are not 
students, and who meet certain income limitations would be eligible to 
establish and contribute to an IDA. A single taxpayer would be eligible 
to establish and contribute to an IDA if his/her modified AGI in the 
preceding taxable year did not exceed $20,000 ($30,000 for heads of 
household, and $40,000 for married taxpayers filing a joint return). 
These thresholds would be indexed annually for inflation beginning in 
2004. Qualified entities that set up and administer IDAs would be 
required to match, dollar-for-dollar, the first $500 contributed by an 
eligible individual to an IDA in a taxable year. Qualified entities 
would be allowed a 100 percent tax credit for up to $500 in annual 
matching contributions to each IDA, and a $50 tax credit for each IDA 
maintained at the end of a taxable year with a balance of not less that 
$100 (excluding the taxable year in which the account was established). 
Matching contributions and the earnings on those contributions would be 
deposited in a separate ``parallel account.'' Contributions to an IDA by 
an eligible individual would not be deductible, and earnings on those 
contributions would be included in income. Matching contributions by 
qualified entities and the earnings on those contributions would be tax-
free. Withdrawals from the parallel account may be made only for 
qualified purposes (higher education, the first-time purchase of a home, 
business start-up, and qualified rollovers). Withdrawals from the IDA 
for other than qualified purposes may result in the forfeiture of some 
or all matching contributions and the earnings on those contributions. 
The proposal would be effective for contributions

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made after December 31, 2002 and before January 1, 2010, to the first 
900,000 IDA accounts opened before January 1, 2008.

                         Protect the Environment

  Permanently extend expensing of brownfields remediation costs.--
Taxpayers may elect to treat certain environmental remediation 
expenditures that would otherwise be chargeable to capital account as 
deductible in the year paid or incurred. Under current law, the ability 
to deduct such expenditures expires with respect to expenditures paid or 
incurred after December 31, 2003. The Administration proposes to 
permanently extend this provision, facilitating its use by businesses to 
undertake projects that may extend beyond the current expiration date 
and be uncertain in overall duration.
  Exclude 50 percent of gains from the sale of property for conservation 
purposes.--The Administration proposes to create a new incentive for 
private, voluntary land protection. This incentive is a cost-effective, 
non-regulatory approach to conservation. Under the proposal, when land 
(or an interest in land or water) is sold for conservation purposes, 
only 50 percent of any gain would be included in the seller's income. To 
be eligible for the exclusion, the sale may be either to a government 
agency or to a qualified conservation organization, and the buyer must 
supply a letter of intent that the acquisition will serve conservation 
purposes. In addition, the taxpayer or a member of the taxpayer's family 
must have owned the property for the three years immediately preceding 
the sale. The provision would be effective for sales taking place after 
December 31, 2003.

       Increase Energy Production and Promote Energy Conservation

  Extend and modify the tax credit for producing electricity from 
certain sources.--Taxpayers are provided a 1.5-cent-per-kilowatt-hour 
tax credit, adjusted for inflation after 1992, for electricity produced 
from wind, closed-loop biomass (organic material from a plant grown 
exclusively for use at a qualified facility to produce electricity), and 
poultry waste. To qualify for the credit, the electricity must be sold 
to an unrelated third party and must be produced during the first 10 
years of production at a facility placed in service before January 1, 
2002. The Administration proposes to extend the credit for electricity 
produced from wind and biomass to facilities placed in service before 
January 1, 2005. In addition, eligible biomass sources would be expanded 
to include certain biomass from forest-related resources, agricultural 
sources, and other specified sources. Special rules would apply to 
biomass facilities placed in service before January 1, 2002. Electricity 
produced at such facilities from newly eligible sources would be 
eligible for the credit only from January 1, 2002 through December 31, 
2004, and at a rate equal to 60 percent of the generally applicable 
rate. Electricity produced from newly eligible biomass co-fired in coal 
plants would also be eligible for the credit only from January 1, 2002 
through December 31, 2004, and at a rate equal to 30 percent of the 
generally applicable rate. The Administration also proposes to modify 
the rules relating to governmental financing of qualified facilities. 
There would be no percentage reduction in the credit for governmental 
financing attributable to tax-exempt bonds. Instead, such financing 
would reduce the credit only to the extent necessary to offset the value 
of the tax exemption. The rules relating to leased facilities would also 
be modified to permit the lessee, rather than the owner, to claim the 
credit.
  Provide tax credit for residential solar energy systems.--Current law 
provides a 10-percent investment tax credit to businesses for qualifying 
equipment that uses solar energy to generate electricity; to heat, cool 
or provide hot water for use in a structure; or to provide solar process 
heat. A credit currently is not provided for nonbusiness purchases of 
solar energy equipment. The Administration proposes a new tax credit for 
individuals who purchase solar energy equipment to generate electricity 
(photovoltaic equipment) or heat water (solar water heating equipment) 
for use in a dwelling unit that the individual uses as a residence, 
provided the equipment is used exclusively for purposes other than 
heating swimming pools. The proposed nonrefundable credit would be equal 
to 15 percent of the cost of the equipment and its installation; each 
individual taxpayer would be allowed a maximum credit of $2,000 for 
photovoltaic equipment and $2,000 for solar water heating equipment. The 
credit would apply to photovoltaic equipment placed in service after 
December 31, 2001 and before January 1, 2008 and to solar water heating 
equipment placed in service after December 31, 2001 and before January 
1, 2006.
  Modify treatment of nuclear decommissioning funds.--Under current law, 
deductible contributions to nuclear decommissioning funds are limited to 
the amount included in the taxpayer's cost of service for ratemaking 
purposes. For deregulated utilities, this limitation may result in the 
denial of any deduction for contributions to a nuclear decommissioning 
fund. The Administration proposes to repeal this limitation.
  Also under current law, deductible contributions are not permitted to 
exceed the amount the IRS determines to be necessary to provide for 
level funding of an amount equal to the taxpayer's post-1983 
decommissioning costs. The Administration proposes to permit funding of 
all decommissioning costs through deductible contributions. Any portion 
of these additional contributions relating to pre-1983 costs that 
exceeds the amount previously deducted (other than under the nuclear 
decommissioning fund rules) or excluded from the taxpayer's gross income 
on account of the taxpayer's liability for decommissioning costs, would 
be allowed as a deduction ratably over the remaining useful life of the 
nuclear power plant.

[[Page 72]]

  The Administration's proposal would also permit taxpayers to make 
deductible contributions to a qualified fund after the end of the 
nuclear power plant's estimated useful life and would provide that 
nuclear decommissioning costs are deductible when paid. These changes in 
the treatment of nuclear decommissioning funds are proposed to be 
effective for taxable years beginning after December 31, 2001.

  Provide tax credit for purchase of certain hybrid and fuel cell 
vehicles.--Under current law, a 10-percent tax credit up to $4,000 is 
provided for the cost of a qualified electric vehicle. The full amount 
of the credit is available for purchases prior to 2002. The credit 
begins to phase down in 2002 and is not available after 2004. A 
qualified electric vehicle is a motor vehicle that is powered primarily 
by an electric motor drawing current from rechargeable batteries, fuel 
cells, or other portable sources of electric current, the original use 
of which commences with the taxpayer, and that is acquired for use by 
the taxpayer and not for resale. Electric vehicles and hybrid vehicles 
(those that have more than one source of power on board the vehicle) 
have the potential to reduce petroleum consumption, air pollution and 
greenhouse gas emissions. To encourage the purchase of such vehicles, 
the Administration is proposing the following tax credits: (1) A credit 
of up to $4,000 would be provided for the purchase of qualified hybrid 
vehicles after December 31, 2001 and before January 1, 2008. The amount 
of the credit would depend on the percentage of maximum available power 
provided by the rechargeable energy storage system and the amount by 
which the vehicle's fuel economy exceeds the 2000 model year city fuel 
economy. (2) A credit of up to $8,000 would be provided for the purchase 
of new qualified fuel cell vehicles after December 31, 2001 and before 
January 1, 2008. A minimum credit of $4,000 would be provided, which 
would increase as the vehicle's fuel efficiency exceeded the 2000 model 
year city fuel economy, reaching a maximum credit of $8,000 if the 
vehicle achieved at least 300 percent of the 2000 model year city fuel 
economy.
  Provide tax credit for energy produced from landfill gas.--Taxpayers 
that produce gas from biomass (including landfill methane) are eligible 
for a tax credit equal to $3 per barrel-of-oil equivalent (the amount of 
gas that has a British thermal unit content of 5.8 million), adjusted by 
an inflation adjustment factor for the calendar year in which the sale 
occurs. To qualify for the credit, the gas must be produced domestically 
from a facility placed in service by the taxpayer before July 1, 1998, 
pursuant to a written binding contract in effect before January 1, 1997. 
In addition, the gas must be sold to an unrelated person before January 
1, 2008. The Administration proposes to extend the credit to apply to 
landfill methane produced from a facility (or portion of a facility) 
placed in service after December 31, 2001 and before January 1, 2011, 
and sold (or used to produce electricity that is sold) before January 1, 
2011. The credit for fuel produced at landfills subject to EPA's 1996 
New Source Performance Standards/Emissions Guidelines would be limited 
to two-thirds of the otherwise applicable amount beginning on January 1, 
2008, if any portion of the facility for producing fuel at the landfill 
was placed in service before July 1, 1998, and beginning on January 1, 
2002, in all other cases.
  Provide tax credit for combined heat and power property.--Combined 
heat and power (CHP) systems are used to produce electricity (and/or 
mechanical power) and usable thermal energy from a single primary energy 
source. Depreciation allowances for CHP property vary by asset use and 
capacity. No income tax credit is provided under current law for 
investment in CHP property. CHP systems utilize thermal energy that is 
otherwise wasted in producing electricity by more conventional methods 
and achieve a greater level of overall energy efficiency, thereby 
lessening the consumption of primary fossil fuels, lowering total energy 
costs, and reducing carbon emissions. To encourage increased energy 
efficiency by accelerating planned investments and inducing additional 
investments in such systems, the Administration is proposing a 10-
percent investment credit for qualified CHP systems with an electrical 
capacity in excess of 50 kilowatts or with a capacity to produce 
mechanical power in excess of 67 horsepower (or an equivalent 
combination of electrical and mechanical energy capacities). A qualified 
CHP system would be required to produce at least 20 percent of its total 
useful energy in the form of thermal energy and at least 20 percent of 
its total useful energy in the form of electrical or mechanical power 
(or a combination thereof) and would also be required to satisfy an 
energy-efficiency standard. For CHP systems with an electrical capacity 
in excess of 50 megawatts (or a mechanical energy capacity in excess of 
67,000 horsepower), the total energy efficiency would have to exceed 70 
percent. For smaller systems, the total energy efficiency would have to 
exceed 60 percent. Investments in qualified CHP assets that are 
otherwise assigned cost recovery periods of less than 15 years would be 
eligible for the credit, provided that the taxpayer elected to treat 
such property as having a 22-year class life. The credit, which would be 
treated as an energy credit under the investment credit component of the 
general business credit, and could not be used in conjunction with any 
other credit for the same equipment, would apply to investments in CHP 
property placed in service after December 31, 2001 and before January 1, 
2007.
  Provide excise tax exemption (credit) for ethanol.--Under current law 
an income tax credit and an excise tax exemption are provided for 
ethanol and renewable source methanol used as a fuel. In general, the 
income tax credit for ethanol is 53 cents per gallon, but small ethanol 
producers (those producing less than 30 million gallons of ethanol per 
year) qualify for a credit of 63 cents per gallon on the first 15 
million gallons of ethanol produced in a year. A credit of 60

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cents per gallon is allowed for renewable source methanol. As an 
alternative to the income tax credit, gasohol blenders may claim a 
gasoline tax exemption of 53 cents for each gallon of ethanol and 60 
cents for each gallon of renewable source methanol that is blended into 
qualifying gasohol. The rates for the ethanol credit and exemption are 
each reduced by 1 cent per gallon in 2003 and by an additional 1 cent 
per gallon in 2005. The income tax credit expires on December 31, 2007 
and the excise tax exemption expires on September 30, 2007. Neither the 
credit nor the exemption apply during any period in which motor fuel 
taxes dedicated to the Highway Trust Fund are limited to 4.3 cents per 
gallon. The Administration proposes to extend both the income tax credit 
and the excise tax exemption through December 31, 2010. The current law 
rule providing that neither the credit nor the exemption apply during 
any period in which motor fuel taxes dedicated to the Highway Trust Fund 
are limited to 4.3 cents per gallon would be retained.

                              Promote Trade

  Extend and expand Andean trade preferences.--The Administration 
proposes to renew and enhance the Andean Trade Preference Act (ATPA), 
which expired on December 4, 2001, through December 31, 2005. The ATPA, 
which was enacted in 1991, was designed to provide economic alternatives 
for Bolivia, Columbia, Ecuador, and Peru in their fight against 
narcotics production and trafficking.
  Initiate a new trade preference program for Southeast Europe.--The 
Administration is proposing the Southeast Europe Trade Preference Act 
(SETPA), which would initiate a new five-year trade preference program 
for Southeast Europe, beginning October 1, 2002. The program is designed 
to rebuild the economies of Southeast Europe that were harmed by recent 
ethnic conflict in the area and will fulfill a commitment made by the 
United States, along with our European partners, when we signed the 
Stability Pact for Southeast Europe.
  Implement free trade agreements with Chile and Singapore.--Free trade 
agreements are expected to be completed with Chile and Singapore in 
2002, with ten-year implementation to begin in fiscal year 2003. These 
agreements will benefit U.S. producers and consumers, as well as 
strengthen the economies of Chile and Singapore. In addition, these 
agreements will establish precedents in our market opening efforts in 
two important and dynamic regions - Latin America and Southeast Asia.

                       Improve Tax Administration

  Modify the IRS Restructuring and Reform Act of 1998 (RRA98).--The 
proposed modification to RRA98 is comprised of six parts. The first part 
modifies employee infractions subject to mandatory termination and 
permits a broader range of available penalties. It strengthens taxpayer 
privacy while reducing employee anxiety resulting from unduly harsh 
discipline or unfounded allegations. The second part adopts measures to 
curb frivolous submissions and filings that are intended to impede or 
delay tax administration. The third part allows IRS to terminate 
installment agreements when taxpayers fail to make timely tax deposits 
and file tax returns on current liabilities. The fourth part streamlines 
jurisdiction over collection due process cases in the Tax Court, thereby 
reducing the cycle time for certain collection due process cases. The 
fifth part permits taxpayers to enter into installment agreements that 
do not guarantee full payment of liability over the life of the 
agreement. It allows the IRS to enter into agreements with taxpayers 
that desire to resolve their tax obligations but cannot make payments 
large enough to satisfy their entire liability and for whom an offer in 
compromise is not a viable alternative. The sixth part eliminates the 
requirement that the IRS Chief Counsel provide an opinion for any 
accepted offer-in-compromise of unpaid tax (including interest and 
penalties) equal to or exceeding $50,000. This proposal requires that 
the Treasury Secretary establish standards to determine when an opinion 
is appropriate.
  Initiate IRS cost savings measures.--The Administration has six 
proposals to improve IRS efficiency and performance from current 
resources. The first proposal permits the IRS to use certificates of 
mailing as an alternative to certified mail for notices and letters that 
currently require such mailing. The second proposal eliminates the 
requirement that notices of an intent to levy and right to a pre-levy 
hearing be sent with return receipt requested, but retains the 
requirement that such notices be sent by certified or registered mail or 
by first-class mail evidenced by a certificate of mailing. These two 
proposals reduce postal costs while retaining proof of first-class 
mailing. The third proposal eliminates the requirement that dual notices 
be sent to joint filers who reside at the same address. The fourth 
proposal treats as nullities certain tax returns that the Criminal 
Investigation Division determines contain insufficient information to 
compute tax, contain false information, or lack a valid signature. Under 
this proposal, such returns that have been filed to impede or delay tax 
administration are excluded from deficiency procedures. The fifth 
proposal modifies the way that Financial Management Services (FMS) 
recovers its transaction fees for processing IRS levies by permitting 
FMS to retain a portion of the amount collected before transmitting the 
balance to the IRS. The offset amount would be included as part of the 
15-percent limit on levies against income and would also be credited 
against the taxpayer's liability, thereby reducing Government 
transactions costs. Finally, the sixth proposal extends the April filing 
date for electronically filed tax returns by at least ten days to help 
encourage the growth of electronic filing.

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                      Reform Unemployment Insurance

  Reform unemployment insurance administrative financing.--Current law 
funds the administrative costs of the unemployment insurance system and 
related programs out of the Federal Unemployment Tax (FUTA) paid by 
employers. FUTA is set at 0.8 percent of the first $7,000 in covered 
wages, which includes a 0.2 percent surtax scheduled to expire in 2007. 
State unemployment taxes are deposited into the Unemployment Trust Fund 
and used by States to pay unemployment benefits. Under current law, FUTA 
balances in excess of statutory ceilings are distributed to the States 
to pay unemployment benefits or the administrative costs of the system 
(these are known as Reed Act transfers). The Administration supports an 
immediate distribution of $9 billion in Reed Act funds as part of a 
bipartisan economic security plan. This would take the place of the 
smaller Reed Act transfer projected for October 1, 2002. In addition, 
the Administration has a comprehensive proposal to reform the 
administrative financing of this system. It proposes to eliminate the 
FUTA surtax in 2003, and make additional rate cuts to achieve a net FUTA 
tax rate of 0.2 percent in 2007. The proposal will transfer 
administrative funding control to the States in 2005 and allow them to 
use their benefit taxes to pay these costs. Federal administrative 
grants to the States will be significantly reduced. During the 
transition to State financing, special Reed Act distributions will be 
made to the States, and additional Federal funds for administrative 
expenses will be provided.

                           EXPIRING PROVISIONS

          Extend Provisions that Expired in 2001 for Two Years

  Extend the work opportunity tax credit.--The work opportunity tax 
credit provides an incentive for employers to expand the number of entry 
level positions for individuals from certain targeted groups. The credit 
generally applies to the first $6,000 of wages paid to several 
categories of economically disadvantaged or handicapped workers. The 
credit rate is 25 percent of qualified wages for employment of at least 
120 hours but less than 400 hours and 40 percent for employment of 400 
or more hours. The Administration proposes to extend the credit for two 
years, making the credit available for workers hired after December 31, 
2001 and before January 1, 2004.
  Extend the welfare-to-work tax credit.--The welfare-to-work tax credit 
entitles employers to claim a tax credit for hiring certain recipients 
of long-term family assistance. The purpose of the credit is to expand 
job opportunities for persons making the transition from welfare to 
work. The credit is 35 percent of the first $10,000 of eligible wages in 
the first year of employment and 50 percent of the first $10,000 of 
eligible wages in the second year of employment. Eligible wages include 
cash wages plus the cash value of certain employer-paid health, 
dependent care, and educational fringe benefits. The minimum employment 
period that employees must work before employers can claim the credit is 
400 hours. The Administration proposes to extend the credit for two 
years, to apply to individuals who begin work after December 31, 2001 
and before January 1, 2004.
  Extend minimum tax relief for individuals.--A temporary provision of 
prior law permits nonrefundable personal tax credits to be offset 
against both the regular tax and the alternative minimum tax. The 
temporary provision expires after taxable year 2001. The Administration 
is concerned that the AMT may limit the benefit of personal tax credits 
and impose financial and compliance burdens on taxpayers who have few, 
if any, tax preference items and who were not the originally intended 
targets of the AMT. The Administration proposes to extend minimum tax 
relief for nonrefundable personal tax credits two years, to apply to 
taxable years 2002 and 2003. The proposed extension does not apply to 
the child credit, the earned income tax credit or the adoption credit, 
which were provided AMT relief through December 31, 2010 under the 
Economic Growth and Tax Relief Reconciliation Act of 2001, as explained 
above. The refundable portion of the child credit and the earned income 
tax credit are also allowed against the AMT through December 31, 2010.
  Extend exceptions provided under subpart F for certain active 
financing income.--Under the Subpart F rules, certain U.S. shareholders 
of a controlled foreign corporation (CFC) are subject to U.S. tax 
currently on certain income earned by the CFC, whether or not such 
income is distributed to the shareholders. The income subject to current 
inclusion under the subpart F rules includes, among other things, 
``foreign personal holding company income'' and insurance income. 
Foreign personal holding company income generally includes many types of 
income derived by a financial service company, such as dividends; 
interest; royalties; rents; annuities; net gains from the sale of 
certain property, including securities, commodities and foreign 
currency; and income from notional principal contracts and securities 
lending activities. For taxable years beginning before 2002, certain 
income derived in the active conduct of a banking, financing, insurance, 
or similar business is excepted from Subpart F. The Administration 
proposes to extend the exception for two years, to apply to taxable 
years beginning in 2002 and 2003.
  Extend suspension of net income limitation on percentage depletion 
from marginal oil and gas wells.--Taxpayers are allowed to recover their 
investment in oil and gas wells through depletion deductions. For 
certain properties, deductions may be determined using the percentage 
depletion method; however, in any year, the amount deducted generally 
may not exceed 100 percent of the net income from the property. For 
taxable years beginning after December 31, 1997 and

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before January 1, 2002, domestic oil and gas production from 
``marginal'' properties is exempt from the 100-percent of net income 
limitation. The Administration proposes to extend the exemption to apply 
to taxable years beginning after December 31, 2001 and before January 1, 
2004.
  Extend Generalized System of Preferences (GSP).--Under GSP, duty-free 
access is provided to over 4,000 items from eligible developing 
countries that meet certain worker rights, intellectual property 
protection, and other criteria. The Administration proposes to extend 
this program, which expired after September 30, 2001, through September 
30, 2003.
  Extend authority to issue Qualified Zone Academy Bonds.--Prior law 
allows State and local governments to issue ``qualified zone academy 
bonds,'' the interest on which is effectively paid by the Federal 
government in the form of an annual income tax credit. The proceeds of 
the bonds must be used for teacher training, purchases of equipment, 
curriculum development, or rehabilitation and repairs at certain public 
school facilities. A nationwide total of $400 million of qualified zone 
academy bonds was authorized to be issued in each of calendar years 1998 
through 2001. In addition, unused authority arising in 1998 and 1999 may 
be carried forward for up to three years and unused authority arising in 
2000 and 2001 may be carried forward for up to two years. The 
Administration proposes to authorize the issuance of an additional $400 
million of qualified zone academy bonds in each of calendar years 2002 
and 2003.

                 Permanently Extend Expiring Provisions

  Permanently extend provisions expiring in 2010.--As explained in the 
discussion of the Economic Growth and Tax Relief Reconciliation Act of 
2001, most of the provisions of the Act sunset on December 31, 2010. The 
Administration proposes to permanently extend these provisions.
  Permanently extend the research and experimentation (R&E) tax 
credit.--The Administration proposes to permanently extend the 20-
percent tax credit for qualified research and experimentation 
expenditures above a base amount and the alternative incremental credit, 
which are scheduled to expire on June 30, 2004.

                           TAX SIMPLIFICATION

  In addition to the proposals summarized above, the Administration is 
developing both short-term and longer-term tax simplification proposals. 
The project to develop short-term proposals, which is described below, 
focuses on immediately achievable reforms of the current tax system, 
while the longer-term project focuses on more fundamental reforms of the 
tax system.
  As many recent studies and proposals have highlighted, the U.S. income 
tax system is extraordinarily complex. Many taxpayers and businesses 
face significant challenges in understanding the tax laws, keeping 
required records, and filling out numerous complicated and detailed tax 
forms, which often require working through lengthy abstruse instructions 
and cumbersome calculations. Fortunately, our tax system is not 
complicated for everyone. Millions of taxpayers who have relatively 
uncomplicated financial and family circumstances and are able to file 
form 1040EZ, for example, avoid most of the complexity of the tax 
system. But for many others, coping with the tax system is daunting. The 
need to deal with complexities in the tax system is not limited to 
multinational corporations or high-income investors with complex 
financial assets; many taxpayers facing overwhelmingly complicated tax 
situations are lower- and middle-income families, single mothers, 
elderly people, small business owners and entrepreneurs.
  Tax complexity is costly to taxpayers and the economy. Credible 
estimates of the cost to taxpayers of complying with the income tax 
range from $70 billion to $125 billion per year. Additional costs may be 
imposed on the economy if taxpayers avoid certain investments, savings 
vehicles, business transactions, etc., because of the tax complexities 
they would involve or because of uncertainty about how the tax system 
would apply to them. Extensive tax planning engaged in by some taxpayers 
and businesses is a wasteful use of resources. Complexity makes it more 
costly for the IRS to administer the tax system. It makes it more 
difficult for the IRS to train its staff, to give correct answers to 
increased numbers of taxpayers seeking help in understanding the tax 
laws, and to check and audit tax returns. These costs are a significant 
burden on the economy. Tax simplification can cut these costs and 
contribute to greater economic efficiency.
  Tax complexity also may have other undesirable effects. Complexity may 
undermine confidence in the tax system. If taxpayers conclude that the 
tax system is so complex that no one can really figure it out, it will 
destroy confidence that the tax system is accomplishing its objectives, 
that other taxpayers are paying their fair share of tax, and that the 
IRS can administer the system fairly. It may thereby undermine 
compliance with the tax system and confidence in the government in 
general. Reducing tax complexity is, therefore, an important policy 
objective.
  But tax simplification is not simple. Complexity in the tax system has 
not arisen merely because the writers of the tax laws have been 
inattentive or because of a desire to provide jobs for tax accountants 
and lawyers. Many legitimate factors contribute to tax complexity. The 
modern, highly-productive U.S. economy is very complex, and many 
taxpayers and companies have complex financial and economic situations. 
Appli

[[Page 76]]

cation of the tax system to these complex financial and economic 
arrangements is also unavoidably complex. Many taxpayers have complex 
family arrangements or have special circumstances that affect their 
needs or their ability to pay taxes. Many special provisions have been 
added to the tax system to recognize the special circumstances of 
certain groups of taxpayers and adjust their tax burdens accordingly. 
The tax system has also been used extensively to provide incentives or 
benefits for taxpayers engaging in certain kinds of activities ranging 
from saving for retirement to saving energy that are deemed to be 
socially beneficial. While all of these tax provisions are well intended 
and presumptively have beneficial effects, they also contribute to 
complexity in the tax system. At some point, the complexity itself 
detracts from the ability of the tax system to function effectively and 
to accomplish these other objectives.
  Because of the multiple objectives involved in shaping any particular 
tax provision, the effort to simplify the tax system frequently involves 
tradeoffs. There may be a few places in the tax code where it is 
possible to draft less complex provisions that will accomplish all of 
the policy objectives equally well or even better. Such complexities may 
have arisen because of insufficient time to draft less complex 
provisions as a tax bill was being passed or because a series of 
provisions has been enacted, revised, and added to over time without an 
effort to consider the whole set of provisions and how they could be 
combined and simplified to better achieve their objectives. In many 
cases, however, simplification will result in some compromise in 
achieving other policy objectives, less precise targeting of a tax 
benefit, treatment of a type of income or expense in a way that is less 
consistent with its true economic nature, etc. In many areas, therefore, 
developing simplification proposals involves identifying areas of the 
tax system and specific simplification schemes for which the 
simplification that can be achieved is regarded as more valuable than 
the resulting decrease in achievement of other policy goals.
  The purpose of tax simplification, therefore, may be stated succinctly 
as implementing changes that will reduce the compliance burden on 
taxpayers and/or administrative costs of the IRS while enhancing or 
resulting in acceptably small sacrifices in the achievement of other 
policy objectives such as efficiency, fairness, revenue, and 
enforceability.
  The Administration has established the following objectives for the 
simplification project and principles for developing the simplification 
proposals.

                      Objectives of Simplification

    To reduce burdens on taxpayers and the IRS.
     Greater economic growth.
    Increased voluntary compliance, including use of the tax 
          benefits provided by the law.
    Lower administrative and compliance costs.
    Fewer errors made by taxpayers and the IRS.
    Fewer inquiries taxpayers must make and the IRS must handle.
    Fewer disputes between the IRS and taxpayers.
    Increased predictability (i.e., transparency) of the tax 
          law.
    Improvement of taxpayers' confidence in the system.
    Similar treatment of similarly situated taxpayers.
    Similar treatment of transactions with similar economic 
          results.
    Fewer complex and expensive tax planning strategies.

         Principles for Developing Tax Simplification Proposals

     Reduce or eliminate rules or requirements when the cost of 
          compliance and/or enforcement outweighs the benefits of the 
          rules or requirements.
    Improve the readability of the law.
    Reduce overly technical and overly vague language in the 
          law.
    Avoid highly detailed conditions and requirements.
    Eliminate duplicative or overlapping provisions.
    Eliminate differing definitions of similar terms or 
          concepts.
    Reduce the amount of subjectivity necessary to apply the tax 
          law by providing clear rules and clear distinctions.
    Reduce structural complexity.
    Reduce the number of phase-out provisions or coordinate the 
          amounts in different phase-out provisions.
    Reduce the number and/or complexity of computations.
    Reduce record keeping and information gathering 
          requirements; coordinate record keeping and information 
          gathering requirements with business practices.
    Reduce inconsistencies in the law so that similarly situated 
          taxpayers are treated the same.
    Reduce distortions among economic activities.
    Eliminate provisions or rules no longer needed because other 
          provisions or rules have changed or because the provisions or 
          rules are outdated.
    Reduce the number of temporary or sunset provisions.
  Highest priority will be given to simplification proposals that will 
yield the largest benefits, i.e., that will affect the most people and 
have the largest effects in reducing compliance burdens and 
administrative costs.
  Examples of areas in the tax system where the Administration's tax 
simplification project is focusing include the following:

  Individual AMT.--The AMT was enacted to ensure that taxpayers with 
substantial amounts of economic income do not avoid significant tax 
liability by using combinations of exclusions, deductions, and tax 
credits. Structural defects in the AMT, including lack of index

[[Page 77]]

ing for inflation or adjustment for family size, have resulted in the 
tax affecting millions of taxpayers to whom it was not intended to 
apply. Millions of additional taxpayers must complete AMT schedules or 
forms to determine that they are not subject to the AMT.
  The number of taxpayers affected by the AMT and the amount of revenue 
raised by the AMT are rising rapidly, making simplification of the AMT 
an increasingly important objective of tax policy. This year, 2 million 
individual filers will be subject to the AMT and therefore required to 
file the 65-line AMT form. The temporary increase in the AMT exemption 
under EGTRRA will reduce the increase in the number of AMT taxpayers 
through 2004. Nevertheless, that number will increase to 5 million in 
2004, and more than double, increasing to 12 million in 2005 when the 
temporary provision expires. In 2005, 47 percent of taxpayers with AGI 
between $100,000 and $200,000 (in 2002 dollars) and 75 percent of 
taxpayers with AGI between $200,000 and $500,000 (in 2002 dollars) will 
pay AMT. By 2010, these percentages will increase to 90 percent and 96 
percent, respectively. By 2012, the number of AMT taxpayers will be 39 
million (assuming EGTRRA is extended), which is 34 percent of all 
taxpayers with individual income tax liability.

  Family-related provisions.-- Taxpayers with family responsibilities 
face confusing and sometimes conflicting rules. Many taxpayers are 
entitled to both the EITC and the additional child tax credit. Both 
credits are based on earned income and the number of children in the 
family. But the two credits use different definitions of earned income, 
and different definitions of qualifying children. Further, many 
taxpayers with three or more children must compute the additional child 
tax credit twice to determine which formula yields the larger credit. 
Similarly, some taxpayers can offset the costs of child care assistance 
using either a child and dependent care tax credit or an exclusion from 
income, but they must make multiple computations to determine which of 
the two is most advantageous. Conforming eligibility criteria and 
reducing the number of computations taxpayers must make would help 
simplify family-related tax provisions, thus reducing burdens on 
families.
  Uniform definition of a child.--The tax code provides assistance to 
families with children through the dependent exemption, head-of-
household filing status, child tax credit, child and dependent care tax 
credit, and EITC. But to obtain these benefits, taxpayers must wade 
through pages of bewildering rules and instructions because each 
provision defines ``qualifying child'' differently. For example, to 
claim the dependent exemption and the child tax credit, a taxpayer must 
demonstrate that he or she provides most of the support of the child. To 
claim the EITC, the taxpayer must demonstrate that he or she resides 
with the child for a specified period of time. Replacing the support 
test, which is difficult to understand and to administer, with a uniform 
residency test would reduce both compliance and administrative costs.
  Income based phaseouts.--Various tax provisions are phased out in 
order to target the effects of the provisions and to limit the 
associated revenue loss. The major provisions subject to income-based 
phaseouts are the EITC, the child tax credit, the child and dependent 
care tax credit, IRAs, the HOPE and Lifetime Learning tax credits, the 
deduction for higher-education expenses, the deduction for student loan 
interest, the exclusion for interest on education savings bonds, and the 
adoption credit and exclusion. Two additional phase-out provisions are 
scheduled to be reduced beginning in 2006 and eliminated completely in 
2010: the overall limitation on itemized deductions; and the phaseout of 
personal exemptions. Phaseouts are complicated and increase marginal tax 
rates, sometimes significantly. Complexity is increased even more by the 
fact that different benefits are phased out differently. As a result, 
taxpayers must often consider multiple phase-out provisions.
  Education incentives.--The various tax code provisions providing 
incentives for higher education use differing definitions of the various 
elements that make up qualifying higher education expenses. The 
definitional differences add to the complexity taxpayers face when they 
use the education incentives. The array of education incentives from 
which taxpayers may choose means further complexity.
  Individual Retirement Accounts.--The current multiple sets of IRA 
income limits are complex and contain marriage penalties. The income 
limits complicate participation in IRAs by disallowing participation 
among certain workers depending on type of IRA, income level, filing 
status, and both spouses' coverage under an employer retirement plan. 
Taxpayers need to make year-end calculations to determine their 
eligibility for a deduction or contribution. Taxpayers in the income 
range over which eligibility for the benefits phases out need to make 
calculations to determine the deductible portion of contributions to a 
traditional IRA, or the allowable amount of contributions to a Roth IRA. 
Taxpayers face uncertainty at the start of the year, because they need 
to forecast their year-end income to estimate their eligibility.
  Individual capital gains.--Under current law, long-term capital gains 
in excess of any short-term losses are taxed separately from other 
income, and may be taxed at 8, 10, 18, 20, 25 or 28 percent rates. 
Special rules apply to collectibles, recapture of certain depreciation 
deductions, certain small business stock, principal residences, certain 
investments in Enterprise Zones and similar qualified zones, and certain 
like-kind exchanges. These multiple capital gains rates and exclusions 
result in complicated tax forms and schedules, and the need for careful 
tax planning.

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  Excise taxes.--A number of excise taxes no longer have a policy 
rationale, and in several cases involve a significant number of 
taxpayers but generate relatively little revenue. Some excise taxes 
could be restructured to better accomplish policy objectives, reflect 
recent technological changes, and reduce compliance burdens for both 
taxpayers and the IRS. Other changes would both improve excise tax 
compliance and simplify their administration.
  Tax-exempt bonds.--Two areas of the statutory tax-exempt bond rules 
are particularly complex: the definition of a private activity bond and 
the arbitrage-related provisions. The definition of a private activity 
bond could be simplified without undoing the policy objective of 
limiting the issuance of these bonds in tax-exempt form. Compliance with 
arbitrage rules can be burdensome for issuers even in cases in which 
bond proceeds are used for traditional governmental purposes. 
Simplifying changes could be made while still avoiding incentives for 
premature or over issuance of tax-exempt bonds.
  Corporate AMT.--The corporate AMT is a separate tax regime within the 
Federal income tax system. Under present law, corporations with average 
gross receipts of at least $7.5 million for the prior three years are 
required to calculate their tax liability twice: once using the rules of 
the regular tax system and a second time using the corporate AMT rules. 
Under the corporate AMT rules, many of the advantageous deductions and 
credits allowed under the regular tax rules are not allowed, but income 
under the AMT is taxed at a lower rate than under the regular corporate 
tax (20 percent, rather than 35 percent). If tax liability calculated 
under the AMT rules exceeds regular tax liability, the corporation is 
required to pay AMT in addition to its regular tax. Because payment of 
AMT represents a prepayment of regular tax, the amount of AMT paid 
generates AMT credits that can be used to offset regular tax in 
subsequent years (subject to certain limitations).
  The corporate AMT rules increase compliance burdens by causing 
corporations to devote additional resources to tax planning and record 
keeping. Because the AMT rules limit the use of tax preferences only for 
corporations that are AMT payers, corporations that engage in tax-
preferred activities incur expenditures to develop strategies to 
minimize the effect of the AMT rules. In addition, the AMT requires 
corporations to keep extensive records of numerous adjustments and 
preferences. For example, depreciation allowances for newly invested 
property generally are calculated one way under the regular tax and a 
different way under the AMT. Although a corporation may not have AMT 
liability, it is required to calculate the AMT to determine whether it 
owes AMT. The AMT tax regime is difficult and burdensome for 
corporations to comply with and for IRS to administer.

  Depreciation.--There are several sources of complexity in tax 
depreciation. One source is ambiguity in determining an asset's class 
life, which determines the asset's annual depreciation allowance. New 
types of assets, assets used in multiple activities, and building-
related expenditures are sometimes difficult to classify and so lead to 
disputes between taxpayers and the IRS. New assets may be particularly 
difficult to fit within existing classification guidelines, which 
generally have not been updated since the mid-1980s.
  Placed-in-service conventions also can add to complexity and create 
uncertainty. Generally, an asset does not receive a full year's 
depreciation during the tax year in which it is initially placed in 
service. Instead, the asset receives a fraction of the annual 
depreciation allowances, as determined by the date on which statutory 
convention deems the asset to have been placed in service. The placed-
in-service conventions sometimes require taxpayers to wait until the end 
of the taxable year to determine the proper depreciation allowance for 
property that may have been placed in service at various dates 
throughout the year.

  Capitalization.-- Substantial ambiguity exists over whether many items 
of cost may be deducted currently or instead must be capitalized. Case 
law holds that the determination of whether an item of cost must be 
capitalized is based on each particular taxpayer's facts and 
circumstances. While no one factor has been held to be determinative, 
the current legal standard relies heavily on whether the item creates a 
significant future benefit, but the degree of future benefit required 
for capitalization is ambiguous. Thus, taxpayers and the IRS may end up 
in dispute over whether certain costs, which traditionally have been 
deducted, should instead be capitalized. The present uncertain legal 
environment has elevated capitalization to the top of the list of 
contested audit issues for businesses.
  Tax accounting.--There are many sources of complexity in tax 
accounting. These include issues related to accrual and inventory 
accounting, uniform capitalization rules, and the percentage of 
completion method. Compliance problems generally are more severe for 
small companies.
  Accrual accounting and inventory accounting can be complex and add to 
the burden of complying with the tax law, especially for small 
taxpayers. Some of this complexity arises from the additional record 
keeping required to measure taxes on an accrual basis when the taxpayer 
uses cash accounting for financial reporting. Additional complexity 
arises from legal ambiguities about whether certain taxpayers are 
required to keep inventory accounts. Recently implemented IRS Revenue 
Procedures provide substantial simplification and certainty by exempting 
many small taxpayers from the record-keeping burdens of accrual and 
inventory accounting. For small businesses that do not qualify for tax 
relief under these Procedures, however, accrual and inventory accounting 
may continue to impose complexity and record keeping costs.

[[Page 79]]

  The LIFO (Last In First Out, a method of accounting for inventories) 
conformity requirement, that requires firms to use the LIFO method for 
financial reporting when they use LIFO for tax accounting, also adds to 
complexity. Conformity violations are more a matter of how information 
is provided than of what information is provided, creating complications 
and traps for the unwary.
  The uniform capitalization (UNICAP) rules require that both direct and 
indirect costs be added to basis or included in inventory. Measuring and 
accounting for all capitalizable costs can be difficult, especially for 
small taxpayers. Yet, for many taxpayers the UNICAP rules have only a 
small effect on tax liability, compared to simpler methods, and so add 
to complexity without substantially affecting tax results.
  The percentage of completion method used for determining income from a 
long-term contract requires the taxpayer to estimate costs and receipts 
over the life of the contract, with timing errors corrected by a look-
back adjustment once the contract is completed. The calculations and 
record keeping required can be burdensome, especially for small 
taxpayers. Moreover, in some cases simpler tax accounting methods would 
cause only a small reduction in tax liability.

  International tax rules.--There is much that can be done to reduce the 
complexity of our international tax rules. This area of the tax law is 
singled out by businesses as one of the biggest sources of 
administrative complexity and compliance costs. Moreover, the global 
economy has changed dramatically since the U.S. international tax rules 
were developed. It is time to re-examine the rules with a view toward 
significant rationalization. The focus of efforts in this area will be 
to reduce the instances in which the international tax rules impose 
conditions or requirements on U.S. taxpayers that are not consistent 
with the way businesses operate in the global marketplace and that 
require efforts that otherwise are unnecessary or non-economic.

                                                       Table 4-3.  EFFECT OF PROPOSALS ON RECEIPTS
                                                                (In millions of dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Estimate
                                                                 ---------------------------------------------------------------------------------------
                                                                    2002      2003      2004       2005       2006       2007     2003-2007   2003-2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bipartisan Economic Security Plan \1\...........................  -62,000   -65,000   -47,500     -9,500     17,000     18,000     -87,000      -43,500
 
Tax Incentives:
 
  Provide incentives for charitable giving:
 
    Provide charitable contribution deduction for nonitemizers..     -570    -1,429    -1,437     -2,288     -3,567     -3,591     -12,312      -32,636
    Permit tax-free withdrawals from IRAs for charitable              -93      -192      -205       -219       -230       -238      -1,084       -2,632
     contributions..............................................
    Raise the cap on corporate charitable contributions.........      -24      -169      -121       -127       -139       -156        -712       -1,730
    Expand and increase the enhanced charitable deduction for         -10       -49       -54        -59        -66        -72        -300         -789
     contributions of food inventory............................
    Reform excise tax based on investment income of private          -122      -177      -181       -189       -198       -205        -950       -2,101
     foundations................................................
    Modify tax on unrelated business taxable income of                 -1        -3        -3         -4         -4         -4         -18          -48
     charitable remainder trusts................................
    Modify basis adjustment to stock of S corporations                 -8       -11       -13        -17        -21        -25         -87         -282
     contributing appreciated property..........................
    Allow expedited consideration of applications for exempt      ........  ........  ........  .........  .........  .........  ..........  ...........
     status \2\.................................................
  Strengthen and reform education:
 
    Provide refundable tax credit for certain costs of attending  ........      -10       -24        -38        -52        -62        -186         -219
     a different school for pupils assigned to failing public
     schools \3\................................................
    Allow teachers to deduct out-of-pocket classroom expenses...  ........  ........      -16       -163       -191       -207        -577       -1,718
  Invest in health care:
 
    Provide refundable tax credit for the purchase of health      ........     -245    -1,689     -2,811     -2,774     -2,951     -10,470      -29,116
     insurance \4\..............................................
    Provide an above-the-line deduction for long-term care        ........     -328      -406       -605     -1,222     -2,158      -4,719      -20,730
     insurance premiums.........................................
    Allow up to $500 in unused benefits in a health flexible      ........  ........     -441       -723       -782       -830      -2,776       -7,819
     spending arrangement to be carried forward to the next year
    Provide additional choice with regard to unused benefits in   ........  ........      -23        -39        -45        -52        -159         -566
     a health flexible spending arrangement.....................
    Permanently extend and reform Archer MSAs...................  ........  ........      -43       -468       -530       -607      -1,648       -5,691
    Provide an additional personal exemption to home caretakers   ........     -314      -383       -362       -345       -348      -1,752       -3,957
     of family members..........................................
  Assist Americans with disabilities:
 
    Exclude from income the value of employer-provided            ........  ........       -2         -6         -6         -6         -20          -52
     computers, software and peripherals........................
  Help farmers and fishermen manage economic downturns:
 
    Establish FFARRM savings accounts...........................  ........  ........     -133       -350       -244       -171        -898       -1,233
  Increase housing opportunities:
 
    Provide tax credit for developers of affordable single-       ........       -7       -76       -302       -715     -1,252      -2,352      -15,257
     family housing.............................................
  Encourage saving:
 
    Establish Individual Development Accounts (IDAs)............  ........     -124      -267       -319       -300       -255      -1,265       -1,722

[[Page 80]]

 
  Protect the environment:
 
    Permanently extend expensing of brownfields remediation       ........  ........     -193       -306       -299       -289      -1,087       -2,390
     costs......................................................
    Exclude 50 percent of gains from the sale of property for     ........       -2       -44        -90        -94        -98        -328         -918
     conservation purposes......................................
  Increase energy production and promote energy conservation:
 
    Extend and modify tax credit for producing electricity from       -92      -227      -303       -212       -143       -146      -1,031       -1,779
     certain sources............................................
    Provide tax credit for residential solar energy systems.....       -3        -6        -7         -8        -17        -24         -62          -72
    Modify treatment of nuclear decommissioning funds...........      -89      -156      -168       -178       -188       -199        -889       -2,042
    Provide tax credit for purchase of certain hybrid and fuel        -21       -80      -181       -349       -530       -763      -1,903       -3,027
     cell vehicles..............................................
    Provide tax credit for energy produced from landfill gas....      -12       -34       -59        -86       -120       -140        -439       -1,130
    Provide tax credit for combined heat and power property.....      -97      -208      -235       -238       -296       -139      -1,116       -1,091
    Provide excise tax exemption (credit) for ethanol \2\.......  ........  ........  ........  .........  .........  .........  ..........  ...........
  Promote trade:
 
    Extend and expand Andean trade preferences \5\..............     -130      -192      -213       -226        -58   .........       -689         -689
    Initiate a new trade preference program for Southeast Europe  ........      -19       -23        -25         -7   .........        -74          -74
     \5\........................................................
    Implement free trade agreements with Chile and Singapore \5\  ........      -21       -86       -109       -131       -155        -502       -1,560
  Improve tax administration:
 
    Implement IRS administrative reforms........................  ........       60        49         50         52         54         265          559
  Reform unemployment insurance:
 
    Reform unemployment insurance administrative financing \5\..  ........   -1,002    -1,451     -2,902     -2,982     -4,429     -12,766       -6,924
Expiring Provisions:
 
  Extend provisions that expired in 2001 for two years:
 
    Work opportunity tax credit.................................      -43      -153      -200       -127        -60        -29        -569         -576
    Welfare-to-work tax credit..................................       -9       -37       -57        -48        -32        -22        -196         -209
    Minimum tax relief for individuals..........................     -122      -353      -256   .........  .........  .........       -609         -609
    Exceptions provided under Subpart F for certain active           -864    -1,502      -630   .........  .........  .........     -2,132       -2,132
     financing income...........................................
    Suspension of net income limitation on percentage depletion       -25       -44       -18   .........  .........  .........        -62          -62
     from marginal oil and gas wells............................
    Generalized System of Preferences (GSP) \5\.................     -370      -415   ........  .........  .........  .........       -415         -415
    Authority to issue qualified zone academy bonds.............       -4       -13       -25        -35        -37        -37        -147         -332
  Permanently extend expiring provisions:
 
    Provisions expiring in 2010:
 
      Marginal individual income tax rate reductions............  ........  ........  ........  .........  .........  .........  ..........    -183,769
      Child tax credit \6\......................................  ........  ........  ........  .........  .........  .........  ..........     -31,697
      Marriage penalty relief \7\...............................  ........  ........  ........  .........  .........  .........  ..........     -12,976
      Education incentives......................................       -1        -5       -10        -15        -20        -26         -76       -2,810
      Repeal of estate and generation-skipping transfer taxes,        178      -550    -1,097     -1,485     -1,987     -2,178      -7,297     -103,659
       and modification of gift taxes...........................
      Modifications of IRAs and pension plans...................  ........  ........  ........  .........  .........  .........  ..........      -6,490
      Other incentives for families and children................  ........  ........  ........  .........  .........  .........  ..........      -1,298
    Research and experimentation (R&E) tax credit...............  ........  ........     -906     -2,949     -4,654     -5,623     -14,132      -51,051
                                                                 ---------------------------------------------------------------------------------------
    Total effect of proposals...................................  -64,532   -73,017   -59,130    -27,927     -6,034     -9,433    -175,541     -591,020
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 \1\ Affects both receipts and outlays. Only the receipt effect is shown here. The outlay effect is $27,000 million for 2002, $8,000 for 2003, $1,500
  million for 2004, $9,500 million for 2003-2007, and $9,500 million for 2003-2012.
 
 \2\ Policy proposal with a receipt effect of zero.
 
 \3\ Affects both receipts and outlays. Only the receipt effect is shown here. The outlay effect is $165 million for 2003, $449 million for 2004, $699
  million for 2005, $975 million for 2006, $1,213 million for 2007, $3,501 million for 2003-2007, and $4,155 million for 2003-2012.
 
 \4\ Affects both receipts and outlays. Only the receipt effect is shown here. The outlay effect is $667 million for 2003, $5,185 million for 2004,
  $6,292 million for 2005, $6,560 million for 2006, $6,441 million for 2007, $25,145 million for 2003-2007, and $59,873 million for 2003-2012.
 
 \5\ Net of income offsets.
 
 \6\ Affects both receipts and outlays. Only the receipt effect is shown here. The outlays effect is $8,745 million for 2003-2012.
 
 \7\ Affects both receipts and outlays. Only the receipt effect is shown here. The outlays effect is $1,527 million for 2003-2012,


[[Page 81]]


                                          Table 4-4. RECEIPTS BY SOURCE
                                            (In millions of dollars)
----------------------------------------------------------------------------------------------------------------
                                                                         Estimate
           Source                2001    -----------------------------------------------------------------------
                                Actual       2002        2003        2004        2005        2006        2007
----------------------------------------------------------------------------------------------------------------
Individual income taxes
 (federal funds):
  Existing law..............     994,339     949,885   1,009,047   1,063,560   1,119,913   1,167,409   1,233,065
    Proposed Legislation      ..........        -646      -2,693      -4,966      -7,904     -10,133     -11,378
     (PAYGO)................
                             -----------------------------------------------------------------------------------
Total individual income          994,339     949,239   1,006,354   1,058,594   1,112,009   1,157,276   1,221,687
 taxes......................
                             ===================================================================================
Corporation income taxes:
  Federal funds:
    Existing law............     151,071     202,547     207,960     215,170     241,952     248,397     258,890
      Proposed Legislation    ..........      -1,102      -2,471      -3,182      -4,865      -6,949      -8,275
       (PAYGO)..............
                             -----------------------------------------------------------------------------------
  Total Federal funds            151,071     201,445     205,489     211,988     237,087     241,448     250,615
   corporation income taxes.
                             -----------------------------------------------------------------------------------
  Trust funds:
    Hazardous substance                4  ..........  ..........  ..........  ..........  ..........  ..........
     superfund..............
                             -----------------------------------------------------------------------------------
Total corporation income         151,075     201,445     205,489     211,988     237,087     241,448     250,615
 taxes......................
                             ===================================================================================
Social insurance and
 retirement receipts (trust
 funds):
  Employment and general
   retirement:
    Old-age and survivors        434,057     442,131     466,185     490,228     519,907     541,680     568,723
     insurance (Off-budget).
    Disability insurance          73,462      75,067      79,158      83,244      88,286      91,984      96,576
     (Off-budget)...........
    Hospital insurance......     149,651     151,677     159,310     167,667     178,255     185,997     195,448
    Railroad retirement:
      Social Security              1,614       1,704       1,721       1,749       1,771       1,795       1,818
       equivalent account...
      Rail pension and             2,658       2,556       2,412       2,307       2,299       2,332       2,366
       supplemental annuity.
                             -----------------------------------------------------------------------------------
  Total employment and           661,442     673,135     708,786     745,195     790,518     823,788     864,931
   general retirement.......
                             -----------------------------------------------------------------------------------
    On-budget...............     153,923     155,937     163,443     171,723     182,325     190,124     199,632
    Off-budget..............     507,519     517,198     545,343     573,472     608,193     633,664     665,299
                             -----------------------------------------------------------------------------------
  Unemployment insurance:
    Deposits by States \1\ .      20,824      23,254      29,887      34,564      36,363      36,744      36,914
      Proposed Legislation    ..........  ..........          -1          -5        -462          63        -289
       (PAYGO)..............
    Federal unemployment           6,937       6,934       7,065       7,237       7,410       7,580       7,749
     receipts \1\ ..........
      Proposed Legislation    ..........  ..........      -1,252      -1,809      -3,165      -3,790      -5,247
       (PAYGO)..............
    Railroad unemployment             51         100         150         156         120          94         103
     receipts \1\ ..........
                             -----------------------------------------------------------------------------------
  Total unemployment              27,812      30,288      35,849      40,143      40,266      40,691      39,230
   insurance................
                             -----------------------------------------------------------------------------------
  Other retirement:
    Federal employees'             4,647       4,550       4,527       4,424       4,337       4,221       4,068
     retirement--employee
     share..................
    Non-Federal employees             66          62          50          46          42          39          36
     retirement \2\ ........
                             -----------------------------------------------------------------------------------
  Total other retirement....       4,713       4,612       4,577       4,470       4,379       4,260       4,104
                             -----------------------------------------------------------------------------------
Total social insurance and       693,967     708,035     749,212     789,808     835,163     868,739     908,265
 retirement receipts........
                             ===================================================================================
  On-budget.................     186,448     190,837     203,869     216,336     226,970     235,075     242,966
  Off-budget................     507,519     517,198     545,343     573,472     608,193     633,664     665,299
                             ===================================================================================
Excise taxes:
  Federal funds:
    Alcohol taxes...........       7,624       7,627       7,664       7,748       7,831       7,877       7,923
    Tobacco taxes...........       7,396       8,045       8,115       7,974       7,875       7,782       7,692
    Transportation fuels tax       1,150       1,138       1,180       1,216       1,266         304         312
    Telephone and teletype         5,769       5,984       6,345       6,753       7,179       7,612       8,050
     services...............
    Ozone depleting                   32          22          13           7  ..........  ..........  ..........
     chemicals and products.
    Other Federal fund             2,151       1,963       1,867       1,854       1,911       1,976       2,030
     excise taxes...........
      Proposed Legislation    ..........        -122        -177        -181        -189        -198        -205
       (PAYGO)..............
                             -----------------------------------------------------------------------------------
  Total Federal fund excise       24,122      24,657      25,007      25,371      25,873      25,353      25,802
   taxes....................
                             -----------------------------------------------------------------------------------
  Trust funds:
    Highway.................      31,469      31,926      32,952      34,121      35,414      36,919      38,038
      Proposed Legislation    ..........  ..........  ..........          -7         -17         -29         -38
       (PAYGO)..............

[[Page 82]]

 
    Airport and airway......       9,191       8,939       9,680      10,269      10,878      11,518      12,178
    Aquatic resources.......         358         385         393         414         424         435         443
    Black lung disability            522         554         573         597         616         628         638
     insurance..............
    Inland waterway.........         113          97          98          98          99         100         101
    Hazardous substance                2  ..........  ..........  ..........  ..........  ..........  ..........
     superfund..............
    Vaccine injury                   112         123         125         125         127         128         129
     compensation...........
    Leaking underground              179         190         193         199         204         214         218
     storage tank...........
                             -----------------------------------------------------------------------------------
  Total trust funds excise        41,946      42,214      44,014      45,816      47,745      49,913      51,707
   taxes....................
                             -----------------------------------------------------------------------------------
Total excise taxes..........      66,068      66,871      69,021      71,187      73,618      75,266      77,509
                             ===================================================================================
Estate and gift taxes:
  Federal funds.............      28,400      27,484      23,559      27,638      24,769      28,121      24,992
    Proposed Legislation      ..........           6        -560      -1,050      -1,343      -1,736      -1,794
     (PAYGO)................
                             -----------------------------------------------------------------------------------
Total estate and gift taxes.      28,400      27,490      22,999      26,588      23,426      26,385      23,198
                             ===================================================================================
Customs duties:
  Federal funds.............      18,583      18,538      19,781      21,424      22,549      23,964      25,283
    Proposed Legislation      ..........        -668        -863        -430        -482        -262        -207
     (PAYGO)................
  Trust funds...............         786         796         887         905         977       1,041       1,075
                             -----------------------------------------------------------------------------------
Total customs duties........      19,369      18,666      19,805      21,899      23,044      24,743      26,151
                             ===================================================================================
MISCELLANEOUS RECEIPTS: \3\
  Miscellaneous taxes.......          94         109         111         113         115         117         119
  United Mine Workers of             150         143         138         132         127         123         117
   America combined benefit
   fund.....................
  Deposit of earnings,            26,124      25,596      29,025      31,512      32,084      33,214      34,832
   Federal Reserve System...
  Defense cooperation.......           7           6           6           6           6           6           6
  Fees for permits and             8,483       7,905       8,463       8,650       8,478       8,607       8,794
   regulatory and judicial
   services.................
  Fines, penalties, and            2,724       2,685       2,523       2,509       2,517       2,525       2,534
   forfeitures..............
  Gifts and contributions...         284         244         219         185         186         179         180
  Refunds and recoveries....         -54        -298        -305        -317        -325        -327        -335
                             -----------------------------------------------------------------------------------
Total miscellaneous receipts      37,812      36,390      40,180      42,790      43,188      44,444      46,247
                             ===================================================================================
Proposed bipartisan economic  ..........     -62,000     -65,000     -47,500      -9,500      17,000      18,000
 security plan (PAYGO)......
                             ===================================================================================
Total budget receipts.......   1,991,030   1,946,136   2,048,060   2,175,354   2,338,035   2,455,301   2,571,672
  On-budget.................   1,483,511   1,428,938   1,502,717   1,601,882   1,729,842   1,821,637   1,906,373
  Off-budget................     507,519     517,198     545,343     573,472     608,193     633,664     665,299
                             -----------------------------------------------------------------------------------
         MEMORANDUM
  Federal funds.............   1,255,504   1,195,158   1,255,629   1,338,515   1,453,879   1,535,377   1,610,437
  Trust funds...............     445,470     465,179     497,771     518,623     542,161     564,491     587,613
  Interfund transactions....    -217,463    -231,399    -250,683    -255,256    -266,198    -278,231    -291,677
                             -----------------------------------------------------------------------------------
Total on-budget.............   1,483,511   1,428,938   1,502,717   1,601,882   1,729,842   1,821,637   1,906,373
                             -----------------------------------------------------------------------------------
Off-budget (trust funds)....     507,519     517,198     545,343     573,472     608,193     633,664     665,299
                             ===================================================================================
Total.......................   1,991,030   1,946,136   2,048,060   2,175,354   2,338,035   2,455,301   2,571,672
----------------------------------------------------------------------------------------------------------------
\1\ Deposits by States cover the benefit part of the program. Federal unemployment receipts cover administrative
  costs at both the Federal and State levels. Railroad unemployment receipts cover both the benefits and
  adminstrative costs of the program for the railroads.
\2\ Represents employer and employee contributions to the civil service retirement and disability fund for
  covered employees of Government-sponsored, privately owned enterprises and the District of Columbia municipal
  government.
\3\ Includes both Federal and trust funds.