[Congressional Record Volume 163, Number 196 (Friday, December 1, 2017)]
[Senate]
[Page S7727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1832. Mr. JOHNSON submitted an amendment intended to be proposed
to amendment SA 1618 proposed by Mr. McConnell (for Mr. Hatch (for
himself and Ms. Murkowski)) to the bill H.R. 1, to provide for
reconciliation pursuant to titles II and V of the concurrent resolution
on the budget for fiscal year 2018; which was ordered to lie on the
table; as follows:
At the appropriate place, insert the following:
SEC. __. MODIFICATION OF TREATMENT OF S CORPORATION
CONVERSIONS TO C CORPORATIONS.
(a) Adjustments Attributable to Conversion From S
Corporation to C Corporation.--Section 481 is amended by
adding at the end the following new subsection:
``(d) Adjustments Attributable to Conversion From S
Corporation to C Corporation.--
``(1) In general.--In the case of an eligible terminated S
corporation, any adjustment required by subsection (a)(2)
which is attributable to such corporation's revocation
described in paragraph (2)(A)(ii) shall be taken into account
ratably during the 10-taxable year period beginning with the
year of the change.
``(2) Eligible terminated s corporation.--For purposes of
this subsection, the term `eligible terminated S corporation'
means any C corporation--
``(A) which--
``(i) was an S corporation on the day before the date of
the enactment of the Tax Cuts and Jobs Ac; and
``(ii) during the 3-year period beginning on the date of
such enactment makes a revocation of its election under
section 1362(a); and
``(B) the owners of the stock of which, determined on the
date such revocation is made, are the same owners (and in
identical proportions) as on the date of such enactment.''.
(b) Cash Distributions Following Post-termination
Transition Period From S Corporation Status.--Section 1371 is
amended by adding at the end the following new subsection:
``(f) Cash Distributions Following Post-termination
Transition Period.--In the case of a distribution of money by
an eligible terminated S corporation (as defined in section
481(d)) after the post-termination transition period, the
accumulated adjustments account shall be allocated to such
distribution, and the distribution shall be chargeable to
accumulated earnings and profits, in the same ratio as the
amount of such accumulated adjustments account bears to the
amount of such accumulated earnings and profits.''.
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