[Congressional Record Volume 164, Number 30 (Thursday, February 15, 2018)]
[Senate]
[Page S1166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DAINES (for himself and Ms. Stabenow):
S. 2436. A bill to amend the Internal Revenue Code of 1986 to limit
the amount of certain qualified conservation contributions; to the
Committee on Finance.
Mr. DAINES. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2436
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Conservation
Easement Program Integrity Act of 2018''.
SEC. 2. LIMITATION ON PARTNER'S DEDUCTION FOR QUALIFIED
CONSERVATION CONTRIBUTIONS MADE BY PARTNERSHIP.
(a) In General.--Section 170(h) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(7) Limitation on partnership allocation of
contributions.--
``(A) In general.--In the case of any qualified
conservation contributions of any partnership (whether
directly or as a distributive share of such contributions of
another partnership), no amount of such contributions may be
taken into account under this section by any partner of such
partnership as a distributive share of such contributions if
the aggregate amount so taken into account by such partner
for the taxable year would (but for this paragraph) exceed
2.5 times such partner's adjusted basis in such partnership
(determined as of the close of such taxable year and without
regard to such contributions). The preceding sentence shall
apply only with respect to the first 5 taxable years of such
partner which end after the date on which such partner first
became a partner in the partnership.
``(B) Exception for family partnerships.--Subparagraph (A)
shall not apply with respect to any partnership if
substantially all of the partnership interests in such
partnership are held by individuals who are related within
the meaning of section 152(d)(2).
``(C) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary to carry
out, and prevent the avoidance of, the purposes of this
paragraph.''.
(b) Effective Date.--This section shall apply to
contributions made after December 23, 2016. No inference is
intended as the appropriate treatment of contributions made
on or before such date or as to any activity not described in
section 170(h)(7) of the Internal Revenue Code of 1986, as
added by this section.
____________________