[Congressional Record Volume 141, Number 94 (Friday, June 9, 1995)]
[Senate]
[Pages S8082-S8083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TARGETING ESTATE TAX RELIEF TO FAMILY-OWNED BUSINESSES
Mr. DOLE. Mr. President, I am pleased to note that a Treasury
official appearing before the Finance Committee this week testified in
support of targeting estate tax relief to family-owned businesses.
Time and time again, family business owners across the country have
told me about the unfairness of the current estate tax and its 55
percent rate. Too often heirs are forced to sell the family business or
farm just to pay the estate tax. And too often the buyer of the family
business is a large corporation that does not necessarily have the best
interests of the community or the business employees at heart.
I will be introducing legislation in the coming weeks that will allow
family-owned and other closely held businesses to remain in the family
after the death of an owner. I intend to drastically reduce the estate
tax rates for the value of a closely held business. For the smallest of
businesses, the estate tax should be virtually eliminated.
Without the estate tax burden on the backs of American families, they
can continue to prosper. And when families continue to operate their
businesses we all benefit--the business employees keep their jobs, the
Government receives income taxes on business profits, and the families
retain their livelihood.
The estate tax is not a Democratic or a Republican problem, or one
that affects only rural or urban families. That is why I am working
with Members of both sides of the aisle to develop broad, bipartisan
support for the legislation. There are farmers, ranchers, or family
businesses in each State that would benefit from the legislation.
I welcome all Senators to join this effort. I am already working with
Senators Roth, Baucus, Grassley, Pryor, Simpson, Breaux, Pressler,
D'Amato, Nickles, Burns, and others to design targeted estate tax
relief for family-owned businesses.
The legislation will provide relief to those that need it most--
families whose estates are made up primarily of a family business. It
is these families who would otherwise be forced to sell their business
to pay the estate tax. And in determining whether a family business is
comprised primarily of an estate, I would like to exclude the family's
principal residence. This would ensure that heirs won't have to sell
their residence to keep their business.
Because this legislation is designed to help families that hold on to
their businesses, if a family chooses to sell a substantial portion of
the business [[Page S8083]] within a period of time after the decedent
dies, all or part of the reduced tax rate may be recaptured.
The legislation will allow families to leave their businesses in the
hands of family members, or trusted, long-term employees of the
business.
The bill will also extend the period of time available to compute the
alternative valuation date for the family business. This will help
resolve disputes with the Internal Revenue Service about the value of
the business when the value is closely tied to the skills of the
decedent.
Family-owned businesses are the job creators in this country. In the
1980's they accounted for an increase of more than 20 million private
sector jobs. I look forward to working with the farm, ranch, and small
business community, and Members of the House and Senate, to provide
relief for out most precious resource--the family business
entrepreneur.
____________________