[House Report 104-84]
[From the U.S. Government Publishing Office]



   104th Congress 1st   HOUSE OF REPRESENTATIVES        Report
         Session
                                                        104-84
_______________________________________________________________________


 
                CONTRACT WITH AMERICA TAX RELIEF ACT OF 1995

                               __________

                              R E P O R T

                                 of the

                      COMMITTEE ON WAYS AND MEANS
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 1215


                             together with


                            DISSENTING VIEWS

      [Including cost estimate of the Congressional Budget Office]




 March 21, 1995.--Committed to the Committee of the Whole House on the 
             State of the Union, and ordered to be printed


                                CONTENTS

                              ----------                              
                                                                   Page
  I. INTRODUCTION.....................................................2
          A. Purpose and Summary.................................     2
          B. Background and Need for Legislation.................     8
          C. Legislative History.................................     8
 II. EXPLANATION OF PROVISIONS.......................................10
     TITLE I. AMERICAN DREAM RESTORATION.............................10
          A. Family Tax Credit (sec. 101)........................    10
          B. Credit to Reduce the Marriage Penalty (sec. 102)....    12
          C. American Dream Savings Accounts and Deductible 
              Spousal IRAs (secs. 103-104).......................    14
     TITLE II. SENIOR CITIZENS' EQUITY...............................19
          A. Repeal of Increase in Income Tax on Social Security 
              Benefits (sec. 201)................................    19
          B. Treatment of Long-Term Care Insurance and Services 
              (secs. 211-214 and 231-232)........................    22
          C. Tax Treatment of Accelerated Death Benefits under 
              Life Insurance Contracts (secs. 221-222)...........    30
     TITLE III. JOB CREATION AND WAGE ENHANCEMENT....................34
          A. Capital Gains Provisions............................    34
              1. 50-percent capital gains deduction for 
                  individuals (sec. 301).........................    34
              2. Indexing of basis of certain assets for purposes 
                  of determining gain (sec. 302).................    37
              3. 25-percent corporate alternative tax for capital 
                  gains (sec. 311)...............................    42
              4. Capital loss deduction allowed with respect to 
                  the sale or exchange of principal residence 
                  (sec. 316).....................................    43
          B. Cost Recovery Provisions............................    44
              1. Neutral cost recovery (sec. 321)................    44
              2. Treatment of leasehold improvements (sec. 322)..    47
          C. Alternative Minimum Tax (sec. 331)..................    49
          D. Public Debt Reduction Checkoff and Trust Fund (secs. 
              341-342)...........................................    54
          E. Small Business Incentives...........................    56
              1. Increase in unified estate and gift tax credits; 
                  indexing of certain provisions (sec. 351)......    56
              2. Increase in expensing for small businesses (sec. 
                  352)...........................................    59
              3. Clarification of definition of principal place 
                  of business; Treatment of storage of product 
                  samples (secs. 353-354)........................    60
     TITLE IV. FAMILY REINFORCEMENT..................................64
          A. Tax Credit for Adoption Expenses (sec. 401).........    64
          B. Tax Credit for Custodial Care of Certain Elderly 
              Family Members in Taxpayer's Home (sec. 402).......    65
     TITLE V. INCREASE IN THE SOCIAL SECURITY EARNINGS LIMIT (Sec. 5068
     TITLE VI. TAX TECHNICAL CORRECTIONS.............................70
          A. Technical Corrections to the Revenue Reconciliation 
              Act of 1990........................................    70
              1. Excise tax provisions...........................    70
                  a. Application of the 2.5-cents-per-gallon tax 
                      on fuel used in rail transportation to 
                      States and local governments (sec. 
                      602(b)(2)).................................    70
                  b. Small winery production credit and bonding 
                      requirements (secs. 602(b)(5), (6), and 
                      (7)).......................................    70
              2. Other revenue-increase provisions of the 1990 
                  Act............................................    71
                  a. Deposits of Railroad Retirement Tax Act 
                      taxes (sec. 602(c)(3)).....................    71
                  b. Treatment of salvage and subrogation of 
                      property and casualty insurance companies 
                      (sec. 602(c)(4))...........................    71
                  c. Information with respect to certain foreign-
                      owned or foreign corporations: Suspension 
                      of statute of limitations during certain 
                      judicial proceedings (sec. 602(c)(5))......    72
                  d. Rate of interest for large corporate 
                      underpayments (secs. 602(c)(6) and (7))....    74
              3. Research credit provision: Effective date for 
                  repeal of special proration rule (sec. 
                  602(d)(1)).....................................    74
              4. Energy tax provision: Alternative minimum tax 
                  adjustment based on energy preferences (secs. 
                  602(e)(1) and (4)).............................    75
              5. Estate tax freezes (sec. 602(f))................    76
              6. Miscellaneous provisions........................    80
                  a. Conforming amendments to the repeal of the 
                      General Utilities doctrine (secs. 602(g)(1) 
                      and (2))...................................    80
                  b. Prohibited transaction rules (sec. 
                      602(g)(3)).................................    81
                  c. Effective date of LIFO adjustment for 
                      purposes of computing adjusted current 
                      earnings (sec. 602(g)(4))..................    81
                  d. Low-income housing credit (sec. 602(g)(5))..    82
              7. Expired or obsolete provisions (``deadwood 
                  provisions'') (sec. 602(h)(1)-(18))............    82
          B. Technical Corrections to the Revenue Reconciliation 
              Act of 1993........................................    83
              1. Treatment of full-time students under the low-
                  income housing credit (sec. 603(b))............    83
              2. Indexation of threshold applicable to excise tax 
                  on luxury automobiles (sec. 603(c))............    83
              3. Indexation of the limitation based on modified 
                  adjusted gross income for income from United 
                  States savings bonds used to pay higher 
                  education tuition and fees (sec. 603(d)).......    84
              4. Reporting and notification requirements for 
                  lobbying and political expenditures of tax-
                  exempt organizations (sec. 603(g)).............    84
              5. Estimated tax rules for certain tax-exempt 
                  organizations (sec. 603(h))....................    85
              6. Current taxation of certain earnings of 
                  controlled foreign corporations--application of 
                  foreign tax credit limitation (sec. 603(i)(1)).    85
              7. Current taxation of certain earnings of 
                  controlled foreign corporations--measurement of 
                  accumulated earnings (sec. 603(i)(2))..........    86
              8. Current taxation of certain earnings of 
                  controlled foreign corporations--aggregation 
                  and look-through rules (sec. 603(i)(3))........    87
              9. Treatment of certain leased assets for PFIC 
                  purposes (sec. 603(i)(5))......................    87
              10. Amortization of goodwill and certain other 
                  intangibles (sec. 603(k))......................    88
              11. Empowerment zones and eligibility of small 
                  farms for tax incentives (sec. 603(l)).........    89
          C. Other Tax Technical Corrections.....................    89
              1. Hedge bonds (sec. 604(b)).......................    89
              2. Withholding on distributions from U.S. real 
                  property holding companies (sec. 604(c)).......    90
              3. Treatment of credits attributable to working 
                  interests in oil and gas properties (sec. 
                  604(d))........................................    92
              4. Clarification of passive loss disposition rule 
                  (sec. 604(e))..................................    92
              5. Estate tax unified credit allowed nonresident 
                  aliens under treaty (sec. 604(f)(1))...........    93
              6. Limitation on deduction for certain interest 
                  paid by corporation to related person (sec. 
                  604(f)(2)).....................................    94
              7. Branch-level interest tax (sec. 604(f)(3))......    96
              8. Determination of source in case of sales of 
                  inventory property (sec. 604(f)(4))............    97
              9. Repeal of obsolete provisions (sec. 604(f)(5))..    98
              10. Clarification of certain stadium bond 
                  transition rule in Tax Reform Act of 1986 (sec. 
                  604(g))........................................    99
              11. Health care continuation rules (sec. 604(h))...    99
              12. Taxation of excess inclusions of a residual 
                  interest in a REMIC for taxpayers subject to 
                  alternative minimum tax with net operating 
                  losses (sec. 604(i))...........................   100
              13. Application of harbor maintenance tax to Alaska 
                  and Hawaii ship passengers (sec. 604(j)).......   101
              14. Modify effective date provision relating to the 
                  Energy Policy Act of 1992 (sec. 604(k))........   101
              15. Treat qualified football coaches plan as multi-
                  employer pension plan for purposes of the 
                  Internal Revenue Code (sec. 604(l))............   102
              16. Determination of unrecovered investment in 
                  annuity contract (sec. 604(m)).................   103
              17. Election by parent to claim unearned income of 
                  certain children on parent's return (sec. 
                  604(n))........................................   103
              18. Exclusion from income for combat zone 
                  compensation (sec. 604(o)(4))..................   104
III. VOTES OF THE COMMITTEE.........................................105
 IV. BUDGET EFFECTS OF THE BILL.....................................107
          A. Committee Estimate of Budgetary Effects.............   107
          B. New Budget Authority and Tax Expenditures...........   110
          C. Cost Estimate of the Congressional Budget Office....   110
  V. OTHER MATTERS TO BE DISCUSSED UNDER HOUSE RULES................114
          A. Committee Oversight Findings and Recommendations....   114
          B. Findings and Recommendations of the Committee on 
              Government Reform and Oversight....................   114
          C. Inflationary Impact Statement.......................   114
 VI. CHANGES IN EXISTING LAW IN THE BILL AS REPORTED................115
VII. DISSENTING VIEWS...............................................267
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-84
_______________________________________________________________________



              CONTRACT WITH AMERICA TAX RELIEF ACT OF 1995

                                _______


 March 21, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


    Mr. Archer, from the Committee on Ways and Means, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1215]

      [Including cost estimate of the Congressional Budget Office]
    The Committee on Ways and Means, to whom was referred the 
bill (H.R. 1215) to amend the Internal Revenue Code of 1986 to 
strengthen the American family and create jobs, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.
                            I. INTRODUCTION

                         A. Purpose and Summary

    H.R. 1215, the ``Contract With America Tax Relief Act of 
1995,'' includes provisions derived from the revenue provisions 
contained in the ``Contract With America'' (the ``Contract''), 
the ``Tax Technical Corrections Act of 1995'' (H.R. 1121), and 
certain other revenue proposals. The following is a title-by-
title summary of the bill as reported.

                  Title I--American Dream Restoration

Family tax credit (sec. 101)
    The bill provides families with an income tax credit of 
$500 for each qualifying child under age 18. The credit is 
phased out ratably for families with adjusted gross incomes 
between $200,000 and $250,000. The provision is effective for 
taxable years beginning after December 31, 1995. The credit 
amount and the phaseout threshold are indexed for inflation 
after 1996.
Credit to reduce the marriage penalty (sec. 102)
    The bill provides married couples who file joint returns 
with an income tax credit of up to $145. The provision is 
effective for taxable years beginning after December 31, 1995.
American Dream Savings Accounts and deductible spousal IRAs (secs. 103-
        104)
    The bill establishes a new savings vehicle, the American 
Dream Savings Account (``ADS account''), to which individuals 
are permitted to make annual nondeductible contributions of up 
to $2,000 ($4,000 for married couples filing joint returns). 
The annual limitation is indexed for inflation after 1996. 
Amounts withdrawn from a regular Individual Retirement 
Arrangement (IRA) can be rolled over to an ADS account between 
January 1, 1996 and December 31, 1997, with the amount included 
in gross income ratably over four years. Qualified 
distributions from an ADS account are not includible in gross 
income, and are not subject to the additional tax imposed on 
early withdrawals. A qualified distribution is a distribution 
that is made after five years and is (1) made on or after the 
individual attains age 59\1/2\; (2) made to a beneficiary (or 
the individual's estate) on or after the individual's death; 
(3) attributable to the individual's being disabled; or (4) is 
for a qualified special purpose, which includes the first-time 
purchase of a home or the payment of qualified higher education 
expenses, medical expenses, and long-term care insurance 
premiums.
    The bill also modifies the present-law rules relating to 
deductible IRAs by permitting deductible IRA contributions of 
up to $2,000 for each spouse (including a homemaker who does 
not work outside the home) if the combined compensation of both 
spouses is at least equal to the contributed amount. The ADS 
and IRA provisions are effective for taxable years beginning 
after December 31, 1995.
                    Title II_Senior Citizens' Equity

Repeal of tax increase on Social Security benefits (sec. 201)

    The bill repeals the 1993 increase in the amount of Social 
Security and Railroad Retirement Tier 1 benefits that are 
potentially subject to income taxation, reducing the amount 
from 85 percent to 50 percent over five years. The maximum 
percentage of Social Security benefits subject to tax is 75 
percent in 1996, 65 percent in 1997, 60 percent in 1998, 55 
percent in 1999, and 50 percent thereafter. The bill also 
phases in a reduction in the amount of Social Security or 
Railroad Retirement Tier 1 benefits included in the gross 
income of nonresident aliens. The bill also provides that 
revenues from the income taxation of Social Security and 
Railroad Retirement Tier 1 benefits attributable to the 
increased portion of benefits included in gross income under 
the Omnibus Budget Reconciliation Act of 1993 (as phased out 
under the provision) will be credited to the Old-Age and 
Survivors and Disability Insurance Trust Funds.

Treatment of long-term care insurance and services (secs. 211-214 and 
        231-232)

    The bill provides tax incentives for the purchase of long-
term care insurance contracts. The bill generally treats a 
long-term care insurance contract as an accident and health 
insurance contract. Amounts (other than policyholder dividends 
or premium refunds) received under a long-term care insurance 
contract are excludable as amounts received for personal 
injuries and sickness (up to $200 per day or $73,000 per year). 
A plan of an employer providing coverage under a long-term care 
insurance contract generally is treated as an accident and 
health plan; however, coverage under a long-term care insurance 
contract is not excludable by an employee if provided through a 
cafeteria plan and expenses for long-term care services cannot 
be reimbursed under a flexible spending arrangement. Within 
certain limits, premiums for long-term care insurance are 
treated as medical expenses for purposes of the itemized 
deduction for medical expenses. Similarly, expenses for 
qualified long-term care services are treated as medical 
expenses for purposes of the itemized deduction. The long-term 
care provisions generally are effective for taxable years 
beginning after December 31, 1995.
    In determining reserves for insurance company tax purposes, 
the bill provides that the Federal income tax reserve method 
for a long-term care insurance contract issued after December 
31, 1995, generally is the method prescribed by the National 
Association of Insurance Commissioners. However, the tax 
reserve for a contract cannot exceed the amount taken into 
account in determining statutory reserves.

Tax treatment of accelerated death benefits under life insurance 
        contracts (secs. 221-222)

    The bill provides an exclusion from gross income for (1) 
amounts received under a life insurance contract and (2) 
amounts received for the sale or assignment of a life insurance 
contract to a qualified viatical settlement provider, provided 
that the insured under the life insurance contract is either 
terminally ill or chronically ill. An individual is considered 
to be terminally ill if a physician certifies that the 
individual has an illness or physical condition that reasonably 
can be expected to result in death within 24 months of the date 
of certification. An individual generally is considered to be 
chronically ill if a licensed health care practitioner 
certifies that the individual is unable to perform (without 
substantial assistance) at least two activities of daily living 
for at least 90 days due to a loss of functional capacity or 
cognitive impairment. With respect to a chronically ill 
individual (who is not also terminally ill), the $200 per day 
($73,000 per year) limit on excludable long-term care benefits 
applies. The provision applies to amounts received after 
December 31, 1995.

              Title III--Job Creation and Wage Enhancement

Capital gains provisions

    The bill includes four general provisions affecting the tax 
treatment of capital gains and losses:
            (1) 50-percent capital gains deduction for individuals 
                    (sec. 301)
    The bill allows individuals to deduct 50 percent of net 
capital gain for the taxable year, repeals the provisions in 
the Omnibus Budget Reconciliation Act of 1993 providing a 
capital gain exclusion for sales of certain small business 
stock, and reinstates the rule in effect prior to the l986 Tax 
Reform Act that required two dollars of the long-term capital 
loss of an individual to offset one dollar of ordinary income. 
The $3,000 limitation on the deduction of capital losses 
against ordinary income continues to apply. Collectibles will 
not qualify for the 50-percent exclusion. However, an 
individual may elect to apply a maximum rate of 28 percent to 
the net capital gain attributable to collectibles, if the 
individual forgoes the benefit of indexing the basis of the 
collectible. The provision generally applies to taxable years 
ending after December 31, 1994.
            (2) Indexing of basis of certain assets for purposes of 
                    determining gain (sec. 302)
    The bill generally provides an inflation adjustment to 
(i.e., indexing of) the basis of certain assets (called 
``indexed assets'') for purposes of determining gain (but not 
loss) upon a sale or other disposition of such assets by a 
taxpayer other than a C corporation. Indexed assets generally 
include common stock of C corporations and tangible property 
that is a capital asset or property used in a trade or 
business. To be eligible for indexing, an asset must be held by 
the taxpayer for more than three years. The provision is 
effective for assets acquired on or after January 1, 1995 (and 
to principal residences held on that date).
    A taxpayer holding any indexed asset (other than a 
principal residence) on January 1, 1995, may elect to treat the 
indexed asset as having been sold on that date for an amount 
equal to its fair market value, and as having been reacquired 
for an amount equal to such value. If the election is made, the 
asset would be eligible for indexing under the provision.
            (3) 25-percent corporate alternative tax for capital gains 
                    (sec. 311)
    The bill provides an alternative tax of 25 percent on the 
net capital gain of a corporation if that rate is less than the 
corporation's regular tax rate. The provision generally applies 
to taxable years ending after December 31, 1994. For taxable 
years ending after December 31, 1994, and beginning before 
January 1, 1996, the 25-percent rate applies to the lesser of 
(1) the net capital gain for the taxable year or (2) the net 
capital gain taking into account only gain or loss properly 
taken into account for the portion of the taxable year after 
December 31, 1994.
            (4) Capital loss deduction allowed with respect to the sale 
                    or exchange of a principal residence (sec. 316)
    The bill provides that a loss from the sale or exchange of 
a principal residence is treated as a deductible capital loss 
rather than a nondeductible personal loss. The provision is 
effective for sales and exchanges after December 31, 1994, in 
taxable years ending after such date.

Cost recovery provisions

            Neutral cost recovery (sec. 321)
    For any property that is currently eligible for 
depreciation under the modified Accelerated Cost Recovery 
System (``MACRS''), the bill allows a taxpayer to elect, on a 
property-by-property basis, to determine depreciation 
deductions under present law or under a new neutral cost 
recovery system (``NCRS''). NCRS generally follows MACRS but 
replaces the 200-percent declining balance method of MACRS 
applicable to shorter-lived property with the 150-percent 
declining balance method. In addition, depreciation deductions 
are increased to reflect inflation occurring since the property 
was placed in service, and, in the case of property that is 
currently eligible for the 200-percent declining balance 
method, an assumed 3.5-percent real rate of return. The 
depreciation allowances provided under NCRS for regular tax 
purposes also are applied for alternative minimum tax purposes. 
The NCRS election is available for qualifying property placed 
in service after December 31, 1994.
            Treatment of leasehold improvements (sec. 322)
    The bill provides that a lessor that disposes of a 
leasehold improvement at the end of a lease term is allowed to 
recover the adjusted basis of the improvement at that time. The 
provision is effective for leasehold improvements disposed of 
after March 13, 1995.

Alternative minimum tax (sec. 331)

    The bill repeals the corporate alternative minimum tax for 
taxable years beginning after December 31, 2000, and modifies 
the individual alternative minimum tax. Business and corporate 
preferences and adjustments under the alternative minimum tax 
generally cease to apply after December 31, 1995 (March 13, 
1995, in the case of depreciable property). For taxable years 
beginning after December 31, 1995, a taxpayer with alterative 
minimum tax credit carryovers is allowed to use these credits 
to offset 90 percent of its regular tax liability (determined 
after the application of other credits). In no event can 
alternative minimum tax credit carryovers be used to reduce the 
taxpayer's tax liability below its tentative minimum tax, if 
any.

Public debt reduction checkoff and trust fund (secs. 341-342)

    The bill permits individual taxpayers to designate an 
amount up to 10 percent of their Federal income tax liability 
for a taxable year to be earmarked to reduce the Federal public 
debt. Amounts earmarked by taxpayers to reduce the public debt 
will be transferred into a Public Debt Reduction Trust Fund, 
which will be used only to retire or purchase Federal 
securities. Related provisions (outside the jurisdiction of the 
committee and, thus, not included in the bill) would require 
either specific spending cuts or an across-the-board 
sequestration in Federal spending (with certain exceptions) to 
match the amounts designated by taxpayers for debt reduction. 
The provision is effective for taxable years ending after the 
date of enactment, and will remain in effect until the entire 
outstanding Federal public debt is retired.

Small business incentives

            Increase in unified estate and gift tax credits; indexing 
                    of certain provisions (sec. 351)
    The bill increases the present-law unified credit from an 
amount that effectively exempts $600,000 in taxable transfers 
from the estate and gift tax to an amount that effectively 
exempts taxable transfers of $750,000. The increase is phased 
in to exempt taxable transfers of $700,000 in 1996, $725,000 in 
1997, and $750,000 in 1998. After 1998, the $750,000 exclusion 
amount is indexed for inflation. These revisions apply to the 
estates of decedents dying, and gifts made, after December 31, 
1995.
    The bill also indexes the following amounts for inflation 
beginning after 1998: (1) the $10,000 annual exclusion for 
gifts; (2) the $750,000 ceiling amount on special use valuation 
under Code section 2032A; (3) the $1,000,000 generation-
skipping transfer tax exemption; and (4) the value of a 
closely-held business (i.e., $1,000,000) eligible for the 
special four-percent interest rate under Code section 6601(j).
            Increase in expensing for small businesses (sec. 352)
    The bill increases the $17,500 amount that a small business 
is allowed to expense under Code section 179 to $35,000. The 
increase is phased in as follows: $22,500 for property placed 
in service in taxable years beginning in 1996; $27,500 for 
taxable years beginning in 1997; $32,500 for taxable years 
beginning in 1998; and, $35,000 for taxable years beginning 
after 1998.
            Clarification of definition of principal place of business; 
                    Treatment of storage of product samples (secs. 353-
                    354)
    The bill provides that a home office qualifies as a 
taxpayer's ``principal place of business'' if (1) the office is 
used by the taxpayer to conduct administrative or management 
activities for a trade or business and (2) there is no other 
fixed location of the trade or business where the taxpayer 
conducts substantial administrative or management activities of 
the trade or business. The bill also clarifies that deductions 
are permitted for expenses related to a storage unit in a 
taxpayer's home regularly used for inventory or product samples 
(or both) of the taxpayer's trade or business of selling 
products at retail or wholesale, provided that the home is the 
sole fixed location of such trade or business. The provision 
applies to taxable years beginning after 1995.

                     Title IV_Family Reinforcement

Tax credit for adoption expenses (sec. 401)

    The bill provides taxpayers with an income tax credit of up 
to $5,000 per child for qualified adoption expenses paid or 
incurred by the taxpayer. The credit is phased out ratably for 
taxpayers with adjusted gross income between $60,000 and 
$100,000. The credit is available for taxable years beginning 
after December 31, 1995.

Tax credit for custodial care of certain elderly family members in 
        taxpayer's home (sec. 402)

    The bill provides an income tax credit of $500 for each 
qualified family member. Generally, a qualified family member 
is a parent or grandparent who lives with the taxpayer and is 
physically or mentally incapable of caring for himself or 
herself. The provision is effective for taxable years beginning 
after December 31, 1995.

         Title V_Increase in the Social Security Earnings Limit

    The bill increases the amount that an individual between 
age 65 and 69 may earn while retaining full eligibility for 
Social Security benefits (the ``earnings limit'') from $11,280 
to $30,000. The increase is phased in over five years as 
follows: $15,000 in 1996; $19,000 in 1997; $23,000 in 1998; 
$27,000 in 1999; and $30,000 in 2000. Senior citizens age 65 to 
69 who earn more than the specified earnings limit for the year 
will continue to lose $1 in benefits for every $3 earned over 
the limit.

                   Title VI_Tax Technical Corrections

    The bill incorporates (with modifications) the ``Tax 
Technical Corrections Act of 1995,'' previously introduced 
separately as H.R. 1121 by Chairman Archer and Mr. Gibbons on 
March 3, 1995. The bill modifies H.R. 1121 by deleting two 
provisions ((1) section 2(a)(3) (relating to correction of head 
of household rate table for proper indexation) and (2) section 
3(f)(1) (relating to treatment of certain nonqualified 
withdrawals from Merchant Marine capital construction funds)), 
and by adding new clerical corrections.

                 B. Background and Need for Legislation

    The ``Contract With America Tax Relief Act of 1995'', H.R. 
1215, includes provisions derived from the revenue provisions 
contained in the ``Contract With America'' (the ``Contract''), 
as well as the Tax Technical Corrections Act of 1995 (H.R. 
1121) and certain other revenue proposals. The Contract was 
signed by over 300 Republican House candidates and incumbents 
on September 27, 1994, as an agenda for the first 100 days of 
the 104th Congress. The Contract was introduced when the 104th 
Congress convened on January 4, 1995, and included four bills 
containing various tax proposals: H.R. 6 (``American Dream 
Restoration Act''); H.R. 8 (``Senior Citizens' Equity Act''); 
H.R. 9 (``Job Creation and Wage Enhancement Act''); and H.R. 11 
(``Family Reinforcement Act'').
    The revenue provisions in the Contract are designed to 
strengthen the American family by reducing the tax burden on 
families with children and on two-earner married couples, and 
by providing tax incentives for families to adopt children and 
care for elderly relatives. The bill also includes provisions 
to encourage savings and capital investment, expand 
entrepreneurship, encourage taxpayers to designate funds to 
reduce the national debt, reduce the estate and gift tax 
burden, and alleviate the tax burden on the elderly. The 
reductions in tax on savings and investment are designed to 
allow individuals and businesses to retain funds needed for 
savings and investment, leading to job creation as well as more 
efficient economic productivity and growth.

                         C. Legislative History

Committee Bill

    H.R. 1215 (``Contract With America Tax Relief Act of 
1995'') was introduced by Committee on Ways and Means Chairman 
Archer on March 13, 1995. The bill contains six titles and 
includes provisions derived from the revenue provisions in the 
``Contract With America'' (the ``Contract''), as well as 
certain other revenue provisions.
    The Contract's legislative proposals were introduced on 
January 4, 1995, and included four bills that contain various 
revenue proposals: H.R. 6 (``American Dream Restoration Act''); 
H.R. 8 (``Senior Citizens' Equity Act''); H.R. 9 (``Job 
Creation and Wage Enhancement Act''); and H.R. 11 (``Family 
Reinforcement Act'').\1\
    \1\  For a description of the revenue provisions contained in these 
four bills, see Joint Committee on Taxation, Description of Tax 
Proposals Contained in the ``Contract With America'' (H.R. 6, H.R. 9, 
H.R. 8, and H.R. 11) (JCS-1-95), January 9, 1995.
    Title I of H.R. 1215 relates to revenue provisions derived 
from the American Dream Restoration Act; Title II relates to 
revenue provisions derived from the Senior Citizens' Equity 
Act; Title III relates to revenue provisions derived from the 
Job Creation and Wage Enhancement Act, with additional 
provisions regarding a 25-percent corporate alternative tax for 
capital gains, the tax treatment of leasehold improvements, and 
the alternative minimum tax; Title IV relates to revenue 
provisions derived from the Family Reinforcement Act; Title V 
relates to a provision to increase the social security earnings 
limit derived from the Senior Citizens' Equity Act; and Title 
VI relates to the provisions of H.R. 1121, the ``Tax Technical 
Corrections Act of 1995,'' introduced on March 3, 1995, with 
certain modifications.
    The Committee on Ways and Means marked up H.R. 1215 on 
March 14, 1995, and ordered the bill favorably reported without 
amendment by a recorded vote of 21-14.

Committee Hearings

            Full Committee hearings
    The Committee on Ways and Means held overview hearings on 
the Contract provisions within its jurisdiction on January 5 
and 10-12, 1995.\2\ On January 17-18, 1995, the Committee held 
hearings on Contract provisions relating to taxation of the 
family: tax credit for families with children, marriage penalty 
tax relief, tax credit for adoption expenses, and tax credit 
for home care of elderly family members. On January 19, 1995, 
the Committee held a hearing on two tax provisions in the 
Senior Citizens' Equity Act: repeal of the income tax increase 
on Social Security benefits and allowance of tax-free death 
benefits under life insurance contracts.
    \2\  For a summary of the Contract provisions within the 
Committee's jurisdiction, see Committee on Ways and Means, Description 
of Provisions in the Contract With America Within the Jurisdiction of 
the Committee on Ways and Means (WMCP:104-1), January 5, 1995.
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    The Committee held hearings on January 24-26 and 31 and 
February 1, 1995, on tax incentive provisions relating to 
savings and investment: the American Dream Savings Account 
provision in the American Dream Restoration Act and tax 
reductions in the Job Creation and Wage Enhancement Act 
(capital gains tax reductions, neutral cost recovery, increased 
expensing for small business, increased estate and gift tax 
unified credit, and the deduction for home office expenses). 
The Committee also held hearings on revenue proposals in the 
President's fiscal year 1996 budget on February 7-9, 1995.
            Subcommittee hearings
    The Subcommittee on Social Security held a hearing on 
January 9, 1995, on the Social Security earnings limit 
provision of the Contract (in the Senior Citizens' Equity Act). 
On January 20, 1995, the Subcommittee on Health held a hearing 
on tax incentives for long-term care insurance (in the Senior 
Citizens' Equity Act).
                     II. EXPLANATION OF PROVISIONS

                  TITLE I. AMERICAN DREAM RESTORATION

A. Family Tax Credit (sec. 101 of the bill and new sec. 23 of the Code)

                              Present Law

    Present law does not provide tax credits based solely on 
the number of dependent children. Taxpayers with dependent 
children, however, generally are able to claim a personal 
exemption for each of these dependents. The total amount of 
personal exemptions is subtracted (along with certain other 
items) from adjusted gross income (AGI) in arriving at taxable 
income. The amount of each personal exemption is $2,500 for 
1995, and is adjusted annually for inflation. The amount of the 
personal exemption is phased out for taxpayers with AGI in 
excess of $114,700 for single taxpayers, $143,350 for heads of 
household, and $172,050 for married couples filing joint 
returns.
    In addition, eligible low-income workers are able to claim 
a refundable earned income tax credit (EITC). The amount of the 
credit an eligible taxpayer may claim depends upon whether the 
taxpayer has one, more than one, or no qualifying children, and 
is determined by multiplying the credit rate by the taxpayer's 
earned income up to an earned income threshold. The maximum 
amount of the credit is the product of the credit rate and the 
earned income threshold. In 1995, the maximum credit is $3,112 
for taxpayers with more than one qualifying child, $2,093 for 
taxpayers with one qualifying child, and $314 for taxpayers 
with no qualifying children. For taxpayers with earned income 
(or AGI, if greater) in excess of the phaseout threshold, the 
credit amount is reduced by the phaseout rate multiplied by the 
amount of earned income (or AGI, if greater) in excess of the 
phaseout threshold. The credit is not allowed if earned income 
(or AGI, if greater) exceeds the phaseout limit. In 1995, the 
phaseout limit is $26,676 for taxpayers with more than one 
qualifying child, $24,388 for taxpayers with one qualifying 
child, and $9,234 for taxpayers with no qualifying children.

                           Reasons for Change

    The Committee believes that the individual income tax 
structure does not reduce tax liability by enough to reflect a 
family's reduced ability to pay taxes as family size increases. 
In part, this is because over the last 50 years the value of 
the dependent personal exemption has declined in real terms by 
over one-third. The Committee believes that a tax credit for 
families with dependent children will reduce the individual 
income tax burden of those families, will better recognize the 
financial responsibilities of raising dependent children, and 
will promote family values.

                        Explanation of Provision

    The bill provides taxpayers with a maximum credit against 
income tax liability of $500 for each qualifying child.
    The credit is phased out ratably for taxpayers with AGI 
over $200,000, and is fully phased out at AGI of $250,000. For 
purposes of the AGI phaseout, the taxpayer's AGI is increased 
by the amount otherwise excluded from gross income under Code 
section 911, 931, or 933 (relating to the exclusion of income 
of U.S. citizens or residents living abroad; residents of Guam, 
American Samoa, and the Northern Mariana Islands; and residents 
of Puerto Rico, respectively). In calendar years beginning 
after 1996, the maximum credit amount ($500) and the beginning 
point of the phaseout range ($200,000) are indexed annually for 
inflation, with rounding to the nearest multiple of $50. The 
size of the phaseout range will change as needed so as to 
remain 100 times the maximum amount of the credit per child.
    To be a qualifying child, an individual has to satisfy a 
relationship test, a dependency test, and an age test. An 
individual satisfies the relationship test if the individual is 
a son or daughter of the taxpayer, a descendant of a son or 
daughter of the taxpayer, a stepson or stepdaughter of the 
taxpayer, or an adopted child of the taxpayer. An adopted child 
includes a child who is legally adopted or who is placed with 
the taxpayer by an authorized placement agency for adoption by 
the taxpayer. A foster child also satisfies the relationship 
test if, for the taxpayer's entire taxable year, the foster 
child (1) is a member of the taxpayer's household and (2) has 
as his principal place of abode the home of the taxpayer.
    An individual satisfies the dependency test if the 
individual is a dependent of the taxpayer with respect to whom 
the taxpayer is entitled to claim a dependency deduction. For 
this purpose, the term ``dependent'' does not include an 
individual who is a resident of a country contiguous to the 
United States unless (1) that individual is an adopted child of 
a taxpayer who is a U.S. citizen or national and (2) for the 
taxpayer's entire taxable year, the individual is a member of 
the taxpayer's household and has as his principal place of 
abode the home of the taxpayer.
    An individual satisfies the age test if the individual has 
not attained the age of 18 as of the close of the calendar year 
in which the taxable year of the taxpayer begins.
    The bill provides that individuals who are married at the 
end of the taxable year must file a joint return to receive the 
credit unless they lived apart from their spouse for the last 
six months of the taxable year and the individual claiming the 
credit (1) maintains as his or her home a household for the 
qualifying child for more than one-half of the taxable year and 
(2) furnishes over one-half of the cost of maintaining that 
household in that taxable year. An individual legally separated 
from his spouse under a decree of divorce or separate 
maintenance is not considered married for purposes of this 
provision.
    Except in the case of a taxable year closed by reason of 
the taxpayer's death, no credit is allowable in the case of a 
taxable year covering a period of less than 12 months.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1995.
B. Credit to Reduce the Marriage Penalty (sec. 102 of the bill and new 
                          sec. 24 of the Code)

                              Present Law

    A married couple generally is treated as one tax unit that 
must pay tax on the unit's total taxable income. Although 
married couples may elect to file separate returns, the rate 
schedules and provisions are structured so that filing separate 
returns usually results in a higher tax than filing joint 
returns. Other rate schedules apply to single persons and to 
single heads of household.
    A ``marriage penalty'' exists when the sum of the tax 
liabilities of two unmarried individuals filing their own tax 
returns (either single or head of household returns) is less 
than their tax liability under a joint return (if the two 
individuals were to marry). A ``marriage bonus'' exists when 
the sum of the tax liabilities of the individuals is greater 
than their combined tax liability under a joint return.
    While the size of any marriage penalty or bonus under 
present law depends upon the individuals' incomes, number of 
dependents, and itemized deductions, as a general rule married 
couples whose earnings are split more evenly than 70-30 suffer 
a marriage penalty. Married couples whose earnings are largely 
attributable to one spouse generally receive a marriage bonus.
    Under present law, the size of the standard deduction and 
the bracket breakpoints follow certain customary ratios across 
filing statuses. The standard deduction and bracket breakpoints 
for single filers are roughly 60 percent of those for joint 
filers. The standard deduction and bracket breakpoints for head 
of household filers are about 83 percent of those for joint 
filers. With these ratios, unmarried individuals have standard 
deductions whose sum exceeds the standard deduction they would 
receive as a married couple filing a joint return. Thus, their 
taxable income as joint filers may exceed the sum of their 
taxable incomes as unmarried individuals. Furthermore, because 
of the way the bracket breakpoints are structured, as joint 
filers they may have some of their taxable income pushed into a 
higher marginal tax bracket than when they were not married.
    The rate changes in the Revenue Reconciliation Act of 1993 
exacerbated the existing marriage penalty because the new 
bracket breakpoints did not provide the customary ratios across 
filing statuses. For the new 36-percent bracket, the breakpoint 
for single filers and for head of household filers are 82 
percent and 91 percent, respectively, of the breakpoint for 
joint filers. For the 39.6-percent bracket that results from 
the ``surtax,'' the bracket breakpoint is $250,000 regardless 
of filing status.

                           Reasons for Change

    The Committee is concerned about the inequity of the 
marriage penalty and the potential work disincentive it causes. 
As the first step in response to these problems, the Committee 
believes it is appropriate to allow a credit to married couples 
who suffer a marriage penalty.
    Any attempt to eliminate the marriage penalty involves the 
balancing of several competing principles, including equal tax 
treatment of married couples with equal incomes and the 
determination of equitable relative tax burdens of single 
individuals and married couples with equal incomes. The 
Committee believes that relief from the marriage penalty is 
needed because marriage penalties in the tax laws undermine 
respect for the family and may discourage family formation.
    Allowing married couples to file individual returns 
according to the rates applicable to single individuals 
(``optional separate filing'') would be very complex because of 
the necessity for rules to allocate income, deductions, and 
dependent exemptions between the spouses. With optional 
separate filing, many married couples would be burdened by 
having to compute tax liability under both options (jointly and 
separately) in order to determine which option minimizes tax 
liability. Furthermore, optional separate filing would provide 
tax reductions with respect to all types of income received by 
married couples, while the Committee believes that relief 
should be targeted to wages and salaries received by two-earner 
married couples.
    To avoid these difficulties, the Committee believes it is 
appropriate to provide relief that can be determined by 
reference to a table in the tax information materials. The 
relief is designed to be directed only to those married couples 
who suffer a marriage penalty through the earnings of both 
spouses. Consequently, married couples whose distribution of 
earned income between the spouses currently creates a marriage 
bonus would not qualify for the credit.
                        Explanation of Provision

    Under the bill, married couples who file a joint return may 
be eligible for a credit against their income tax liability. 
The amount of the credit is determined based on the earned 
income of each of the spouses. The Secretary of the Treasury is 
directed to issue tables calculating the marriage penalty 
credit applicable for married taxpayers based on the qualified 
earned income of each of the spouses.
    Taxpayers may not claim a credit if they claim an exclusion 
from gross income under Code sections 911, 931, or 933 
(relating to the exclusion of income of U. S. citizens or 
residents living abroad; residents of Guam, American Samoa, and 
the Northern Mariana Islands; and residents of Puerto Rico, 
respectively).
    The amount of the credit is based on the hypothetical tax 
liabilities that would result if the individual income tax 
rates applicable to single filers were applied to each spouse's 
qualified earned income, allowing for one personal exemption 
and the standard deduction allowed for single filers. The sum 
of those hypothetical tax liabilities is compared to the 
hypothetical tax liability that would result if the individual 
income tax rates applicable to married couples filing joint 
returns were applied to the aggregate qualified earned income 
of the spouses, allowing for two personal exemptions and the 
standard deduction allowed for joint filers.
    If the hypothetical tax liability of the married couple 
exceeds the sum of the hypothetical tax liabilities of the 
individual spouses, the married couple is allowed an income tax 
credit equal to the lesser of that excess or $145, with amounts 
less than the maximum credit rounded to the nearest multiple of 
$25. If the hypothetical tax liability of the married couple is 
less than or equal to the sum of the hypothetical tax 
liabilities of the individual spouses, the married couple is 
not allowed the credit.
    In general, qualified earned income is earned income within 
the meaning of Code sections 911(d)(2) (relating to wages, 
salaries, professional fees, and other amounts received as 
compensation for personal services) or 401(c)(2)(C) (relating 
to dispositions of certain property created by the personal 
efforts of the taxpayer) less specified deductions allowable 
under section 62 that are properly allocable to such earned 
income. Under the bill, qualified earned income does not 
include any amount that is not includible in gross income, 
because untaxed income does not give rise to a marriage 
penalty. Wages exempt from certain social security taxes 
because an individual is in the employ of his or her spouse 
also are excluded from qualified earned income to prevent 
shifting of income between the spouses in a way that 
inaccurately reflects the earned income of each spouse. In 
addition, the qualified earned income of each spouse is 
computed without regard to any community property laws; that 
is, earned income is attributed to the spouse who renders the 
services for which the earned income is received.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1995.

 C. American Dream Savings Accounts and Deductible Spousal IRAs (secs. 
  103 and 104 of the bill and sec. 408 and new sec. 408A of the Code)

                              Present Law

    Under present law, an individual may make deductible 
contributions to an individual retirement arrangement (IRA) up 
to the lesser of $2,000 or the individual's compensation if the 
individual (and, if married, the individual's spouse) is not an 
active participant in an employer-sponsored retirement plan. In 
addition, the $2,000 limit is increased to $2,250 in the case 
of a married taxpayer who files a joint return and makes 
contributions to an IRA for the benefit of his or her spouse, 
if the spouse has no compensation or elects to be treated as 
having no compensation. The $2,250 contribution can be divided 
in any manner between IRAs for each spouse, except that the 
maximum contribution to an IRA on behalf of one individual 
cannot exceed $2,000.
    If the individual (or the individual's spouse) is an active 
participant in an employer-sponsored retirement plan, the 
$2,000 deduction limit (and the $2,250 spousal IRA deduction 
limit) is phased out over certain levels of adjusted gross 
income (AGI). The limit is phased out between $40,000 and 
$50,000 of AGI for married taxpayers, and between $25,000 and 
$35,000 of AGI for single taxpayers. An individual may make 
nondeductible IRA contributions to the extent the individual is 
not permitted to make deductible IRA contributions. 
Contributions cannot be made to an IRA after age 70\1/2\.
    The amounts held in an IRA, including earnings on 
contributions, generally are not subject to tax until 
withdrawn. Amounts withdrawn prior to attainment of age 59\1/2\ 
are subject to an additional 10-percent early withdrawal tax, 
unless the withdrawal is due to death, disability, or is made 
in the form of certain periodic payments. A similar early 
withdrawal tax applies to distributions from tax-qualified 
pension plans, with an additional exception for distributions 
used to pay medical expenses that exceed 7.5 percent of AGI. 
This exception for distributions to pay extraordinary medical 
expenses does not apply to withdrawals from IRAs.
    In general, distributions from an IRA are required to begin 
at age 70\1/2\. An excise tax is imposed if the minimum 
required distributions are not made. Distributions to the 
beneficiary of an IRA are generally required to begin within 5 
years of the death of the IRA owner, unless the beneficiary is 
the surviving spouse. Similar rules apply to distributions from 
tax-qualified pension plans.
    Present law imposes a 15-percent excise tax on excess 
distributions with respect to an individual during any calendar 
year from qualified retirement plans, tax-sheltered annuities, 
and IRAs. The purpose of the tax is to limit the total amount 
that can be accumulated on behalf of a particular individual on 
a tax-favored basis. In general, excess distributions are 
defined as the aggregate amount of retirement distributions 
(i.e., payments from applicable retirement plans) made with 
respect to an individual during any calendar year to the extent 
such amounts exceed $150,000 (for 1995). The dollar limit is 
indexed for inflation. Special rules apply in the case of lump-
sum distributions and post-death distributions.

                           Reasons for Change

    The Committee is concerned about the national savings rate, 
and believes that individuals should be encouraged to save. The 
Committee believes that the ability to make deductible 
contributions to an IRA is a significant savings incentive. 
However, this incentive is not available to all taxpayers under 
present law. Further, the present-law income thresholds for IRA 
deductions are not indexed for inflation so that fewer 
Americans will be eligible to make a deductible IRA 
contribution each year, and the amount of the maximum 
contribution is declining in real terms over time.
    The Committee believes it is appropriate to encourage 
individual saving and that some individuals would be more 
likely to save if funds set aside in a tax-favored account 
could be withdrawn without tax after a reasonable holding 
period. Some taxpayers may find such a vehicle more suitable 
for their savings needs.
    The Committee believes that providing an incentive to save 
for certain special purposes is appropriate. The Committee 
believes that many Americans may have difficulty saving enough 
to ensure that their children will be able to afford a college 
education or to purchase a home. The ability to obtain a 
college education is an important factor in ensuring that the 
United States remains competitive with other nations. Home 
ownership is a fundamental part of the American dream. Large 
medical expenses can often deplete personal savings, as can the 
need to care for chronically ill individuals. Thus, the 
Committee believes that withdrawals from the new savings 
vehicle for first-time home purchase, education expenses, 
medical expenses, and long-term care premiums should be 
penalty-free.
    Finally, the Committee believes that the present-law rules 
relating to deductible IRAs penalize American homemakers. The 
Committee believes that IRA contributions should be permitted 
for both spouses even though only one spouse works.
                        Explanation of Provision

Tax-free nondeductible IRAs

            In general
    The bill replaces present-law nondeductible IRAs with new 
American Dream Savings accounts (``ADS accounts'') to which 
individuals can make nondeductible contributions. Contributions 
to an ADS account are in addition to any contributions that can 
be made to a deductible IRA under the present-law rules. In 
general, an ADS account is an IRA which is designated at the 
time of establishment as an ADS account in the manner 
prescribed by the Secretary. Qualified distributions from an 
ADS account are not includible in income.
            Contributions
    The maximum annual contribution that could be made to an 
ADS account is the lesser of $2,000 or the individual's 
compensation for the year. In the case of a married couple, the 
aggregate compensation of the couple is taken into account in 
determining the maximum permitted contribution. Thus, for 
example, in 1996 each spouse in a married couple could make an 
ADS contribution of $2,000 (for a total contribution by the 
couple of $4,000), provided the couple has at least $4,000 in 
compensation. The $2,000 contribution limit is adjusted 
annually for inflation beginning after 1996. Inflation 
adjustments are rounded to the nearest $50.
    Contributions to an ADS account can be made even after the 
individual for whom the account is maintained has attained age 
70\1/2\.
            Taxation of distributions
    Qualified distributions from an ADS account are not 
includible in gross income, nor subject to the additional 10-
percent tax on early withdrawals. A qualified distribution is a 
distribution that is made after the 5-taxable year period \3\ 
beginning with the first taxable year in which the individual 
made a contribution to an ADS account, and (2) which is (a) 
made on or after the date on which the individual attains age 
59\1/2\, (b) made to a beneficiary (or to the individual's 
estate) on or after the death of the individual, (c) 
attributable to the individual's being disabled, or (d) a 
qualified special purpose distribution.
    \3\ In the case of rollover contributions that are not from another 
ADS account, the 5-year holding period begins on the date on which the 
rollover was made. As is the case with IRAs generally, contributions to 
an ADS account can be made for a year by the due date for the 
individual's tax return for the year (determined without regard to 
extensions). The 5-year holding period begins to run from the taxable 
year in which the individual is deemed to make the contribution.
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    Qualified special purpose distributions (whether or not 
qualified distributions) are not subject to the 10-percent tax 
on early withdrawals. Distributions from an ADS account other 
than qualified distributions or qualified special purpose 
distributions are includible in gross income to the extent 
attributable to earnings and subject to the 10-percent tax on 
early withdrawals.
    In general, qualified special purpose distributions are 
distributions for: the purchase or acquisition of a principal 
residence of a first-time homebuyer; qualified higher education 
expenses; for medical expenses of the taxpayer or the 
taxpayer's spouse and dependents; or long-term care insurance 
premiums treated as medical expenses under the long-term care 
provisions of the bill.
    First-time homebuyers are individuals who did not own an 
interest in a principal residence during the 3 years prior to 
the purchase of a home. In order to qualify as a first-time 
homebuyer distribution, the distribution must be used within 60 
days to pay the costs of acquiring, contracting, or 
reconstructing a residence. If there is a delay in acquisition, 
construction, or reconstruction, the distribution can be 
redeposited in an ADS account within 120 days without 
imposition of tax.
    Qualified higher education expenses are tuition, fees, 
books, supplies and equipment required for the enrollment or 
attendance of the taxpayer, the taxpayer's spouse, or a child 
or grandchild of the taxpayer at an eligible educational 
institution (defined as under sec. 135). The amount of 
qualified higher education expenses is reduced by any amount 
excludable from income under the present-law rules relating to 
education savings bonds (sec. 135).
    The pre-death minimum distribution rules that apply to IRAs 
do not apply to ADS accounts, and amounts in ADS accounts are 
not taken into account for purposes of the excise tax on excess 
distributions.
            Rollovers
    Distributions from ADS accounts can be rolled over tax free 
to another ADS account.
    In addition, amounts withdrawn from an IRA can be rolled 
over to an ADS account after December 31, 1995, and before 
January 1, 1998. The amount otherwise includible in gross 
income due to the IRA distribution is includible in gross 
income ratably over the 4-taxable year period beginning with 
the taxable year in which the distribution is made. The early 
withdrawal tax does not apply to such rollovers.

Deductible contributions to spousal IRAs

    The bill modifies the present-law rules relating to 
deductible IRAs by permitting deductible IRA contributions of 
up to $2,000 to be made for each spouse if the combined 
compensation of both spouses is at least equal to the 
contributed amount. The bill does not otherwise modify the 
rules relating to deductible IRAs. Thus, the present-law 
limitations on deductible contributions by an individual who is 
an active participant in an employer-sponsored retirement plan 
(or whose spouse is an active participant) continue to apply.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1995.
                   TITLE II. SENIOR CITIZENS' EQUITY

 A. Repeal of Increase in Income Tax on Social Security Benefits (sec. 
       201 of the bill and secs. 86(a) and 871(a)(3) of the Code)

                              Present Law

In general
    Under present law, taxpayers receiving Social Security and 
Railroad Retirement Tier 1 benefits are not required to include 
any such benefits in gross income if their ``provisional 
income'' does not exceed $25,000 in the case of unmarried 
taxpayers or $32,000 in the case of married taxpayer's filing 
joint returns. For purposes of these computations, a taxpayer's 
provisional income is defined as adjusted gross income plus 
tax-exempt interest plus certain foreign source income plus 
one-half of the taxpayer's Social Security or Railroad 
Retirement Tier 1 benefit.
    Certain taxpayers with provisional income in excess of 
those thresholds are required to include in gross income up to 
50 percent of their Social Security or Railroad Retirement Tier 
1 benefit. Under a provision added by the Revenue 
Reconciliation Act of 1993 (``1993 Act''), taxpayers with 
provisional income in excess of a second-tier threshold 
($34,000 in the case of unmarried taxpayers or $44,000 in the 
case of married taxpayers filing joint returns) are required to 
include in gross income up to 85 percent of their Social 
Security or Railroad Retirement Tier 1 benefit.
    If the taxpayer's provisional income exceeds the lower 
threshold but does not exceed the second-tier threshold, then 
the amount of the inclusion is the lesser of (1) 50 percent of 
the taxpayer's Social Security or Railroad Retirement Tier 1 
benefit, or (2) 50 percent of the excess of the taxpayer's 
provisional income over the lower threshold.
    If the amount of provisional income exceeds the second-tier 
threshold, then the amount of the inclusion is the lesser of:
    (1) 85 percent of the taxpayer's Social Security or 
Railroad Retirement Tier 1 benefit or
    (2) the sum of:
          (a) 85 percent of the excess of the taxpayer's 
        provisional income over the second-tier threshold,
        plus,
          (b) the smaller of (i) the amount of benefits that 
        would have been included if the 50-percent inclusion 
        rule (the rule in the previous paragraph) were applied, 
        or (ii) one-half of the difference between the 
        taxpayer's second-tier threshold and lower threshold.
Treatment of nonresident alien individuals

    If a nonresident alien individual is engaged in a trade or 
business within the United States during the taxable year, the 
individual is subject to U.S. tax at the normal graduated rates 
on net taxable income that is effectively connected with the 
conduct of the U.S. trade or business. U.S. source fixed or 
determinable annual or periodic income of a nonresident alien 
individual (for example, salary, wages, annuities, 
compensation, remuneration, and emoluments) that is not 
effectively connected with the conduct of a U.S. trade or 
business generally is subject to tax at a rate of 30 percent of 
the gross amount paid. This latter tax generally is collected 
by means of withholding (hence this tax is often called a 
``withholding tax''). Withholding taxes are often reduced or 
eliminated in the case of payments to residents of countries 
with which the United States has an income tax treaty.
    For purposes of taxing the income of nonresident alien 
individuals, the income thresholds for including Social 
Security and Railroad Retirement Tier 1 benefits do not apply. 
Instead, a fixed percentage of any such benefit is included in 
gross income. Until January 1, 1995, that percentage was 50 
percent. Thus, prior to 1995, a nonresident alien individual 
typically was subject to U.S. withholding tax at an effective 
rate of 15 percent on the gross amount of U.S. Social Security 
benefits. This tax was reduced or eliminated under some 
treaties. Although the Omnibus Budget Reconciliation Act of 
1993 increased the inclusion of benefits in some cases for 
taxpayers other than nonresident aliens (to up to 85 percent of 
the benefits), it did not amend the rule that a nonresident 
alien individual was required to include 50 percent (and only 
50 percent) of these benefits in gross income.
    The implementing legislation for the General Agreement on 
Tariffs and Trade (P. L. 103-465) increased from 50 percent to 
85 percent the amount of Social Security or Railroad Retirement 
Tier 1 benefits included in the gross income of a nonresident 
alien individual, effective for benefits paid after December 
31, 1994, in taxable years ending after such date. Thus, a 
nonresident alien individual may be subject to U.S. withholding 
tax at an effective rate of 25. 5 percent on the gross amount 
of U.S. Social Security or Railroad Retirement Tier 1 benefits.

Trust funds

    Revenues from the income taxation of Social Security and 
Railroad Retirement Tier 1 benefits attributable to the 1993 
Act increase in the portion of benefits included in gross 
income are credited quarterly to the Medicare Hospital 
Insurance (HI) Trust Fund. The remainder of the proceeds from 
the income taxation of Social Security and Railroad Retirement 
Tier 1 benefits are credited quarterly to the Old-Age and 
Survivors Insurance Trust Fund, the Disability Insurance Trust 
Fund, or the Social Security Equivalent Benefit Account (of the 
Railroad Retirement system), as appropriate.
    Congress designated the revenues attributable to the 1993 
Act increase in the portion of Social Security benefits 
included in gross income as HI trust fund revenues to clarify 
the differing nature of these tax revenues from Old-Age and 
Survivors and Disability Insurance (OASDI) taxes as 
contemplated at the time of enactment of the Budget Enforcement 
Act of 1990. For purposes of the fiscal year 1994 President's 
Budget and Budget Resolution, and the 1993 Budget 
Reconciliation Act, revenues from the increased taxation of 
Social Security benefits were not intended to be considered as 
OASDI taxes for Budget Act enforcement purposes, including 
Social Security firewall provisions. These revenues were 
considered on budget, and treated as an item on the PAYGO 
scorecard, as were the payment and receipt of the allocation of 
these revenues to the Medicare Hospital Insurance Trust Fund.
                           Reasons for Change

    The Committee believes that the provision in the 1993 Act 
that increased inclusion of social security benefits resulted 
in burdensome taxation of certain senior citizens. Furthermore, 
the Committee is concerned that for future retirees, the 
inclusion in gross income of up to 85 percent of social 
security benefits will result in tax treatment of those 
benefits that is less favorable than the tax treatment of 
private pension benefits. For these reasons, the Committee 
believes that repeal of the 1993 Act provision is necessary to 
restore equity.

                        Explanation of Provision

In general

    The bill phases in a repeal of the higher rate of income 
inclusion for taxpayers with provisional incomes in excess of 
the second-tier threshold.
    For taxable years beginning in calendar years 1996 through 
1999, if the amount of provisional income exceeds the second-
tier threshold, then the amount of the inclusion is calculated 
as under present law, except that the following rates are 
substituted for 85 percent:

        For taxable years beginning in calendar year-The percentage is--
1996..........................................................75 percent
1997..........................................................65 percent
1998..........................................................60 percent
1999.........................................................55 percent.

    For taxable years beginning after December 31, 1999, Social 
Security and Railroad Retirement Tier 1 benefits will be 
treated as under the law prior to 1994: if the amount of 
provisional income exceeds $25,000 in the case of unmarried 
taxpayers or $32,000 in the case of married taxpayers filing 
joint returns, then the amount of the inclusion is the lesser 
of (1) 50 percent of the taxpayers Social Security or Railroad 
Retirement Tier 1 benefit, or (2) 50 percent of the excess of 
the taxpayers provisional income over the threshold.

Treatment of nonresident alien individuals

    The bill phases in a reduction in the amount of Social 
Security or Railroad Retirement Tier 1 benefits included in the 
gross income of a nonresident alien individual. The inclusion 
percentage for any taxable year beginning in calendar years 
1996 through 1999 is as given in the table above. For taxable 
years beginning after December 31, 1999, the amount of Social 
Security or Railroad Retirement Tier 1 benefits included in the 
gross income of a nonresident alien individual will be 50 
percent.

Trust funds

    Revenues from the income taxation of Social Security and 
Railroad Retirement Tier 1 benefits attributable to the 
increased portion of benefits included in gross income under 
the 1993 Act (as phased out under the provision) will be 
credited to the Old-Age and Survivors and Disability Insurance 
Trust Funds.

                             Effective Date

    In general, the provision is effective for taxable years 
beginning after December 31, 1995. The provision crediting 
revenues to the Old-Age and Survivors and Disability Insurance 
Trust Funds applies to tax liabilities for taxable years 
beginning after December 31, 1995.
 B. Treatment of Long-Term Care Insurance and Services (secs. 211-214 
 and 231-232 of the bill and secs. 91, 106, 125, 137, 213, 807(d)(3), 
                  1035, 4980B, and 6050Q of the Code)

                              Present Law

In general

    Present law generally does not provide explicit rules 
relating to the tax treatment of long-term care insurance 
contracts or long-term care services. Thus, the treatment of 
long-term care contracts and services is unclear. Present law 
does provide rules relating to medical expenses and accident or 
health insurance.

Itemized deduction for medical expenses

    In determining taxable income for Federal income tax 
purposes, a taxpayer is allowed an itemized deduction for 
unreimbursed expenses that are paid by the taxpayer during the 
taxable year for medical care of the taxpayer, the taxpayer's 
spouse, or a dependent of the taxpayer, to the extent that such 
expenses exceed 7.5 percent of the adjusted gross income of the 
taxpayer for such year (sec. 213). For this purpose, expenses 
paid for medical care generally are defined as amounts paid: 
(1) for the diagnosis, cure, mitigation, treatment, or 
prevention of disease (including prescription medicines or 
drugs and insulin), or for the purpose of affecting any 
structure or function of the body (other than cosmetic surgery 
not related to disease, deformity, or accident); (2) for 
transportation primarily for, and essential to, medical care 
referred to in (1); or (3) for insurance (including Part B 
Medicare premiums) covering medical care referred to in (1) and 
(2).

Exclusion for amounts received under accident or health insurance

    Amounts received by a taxpayer under accident or health 
insurance for personal injuries or sickness generally are 
excluded from gross income to the extent that the amounts 
received are not attributable to medical expenses that were 
allowed as a deduction for a prior taxable year (sec. 104).

Treatment of accident or health plans maintained by employers

    Contributions of an employer to an accident or health plan 
that provides compensation (through insurance or otherwise) to 
an employee for personal injuries or sickness of the employee, 
the employee's spouse, or a dependent of the employee, are 
excluded from the gross income of the employee (sec. 106). In 
addition, amounts received by an employee under such a plan 
generally are excluded from gross income to the extent that the 
amounts received are paid, directly or indirectly, to reimburse 
the employee for expenses for the medical care of the employee, 
the employee's spouse, or a dependent of the employee (sec. 
105). For this purpose, expenses incurred for medical care are 
defined in the same manner as under the rules regarding the 
deduction for medical expenses.
    A cafeteria plan is an employer-sponsored arrangement under 
which employees can elect among cash and certain employer-
provided qualified benefits. No amount is included in the gross 
income of a participant in a cafeteria plan merely because the 
participant has the opportunity to make such an election (sec. 
125). Employer-provided accident or health coverage is one of 
the benefits that may be offered under a cafeteria plan.
    A flexible spending arrangement (FSA) is an arrangement 
under which an employee is reimbursed for medical expenses or 
other nontaxable employer-provided benefits, such as dependent 
care, and under which the maximum amount of reimbursement that 
is reasonably available to a participant for a period of 
coverage is not substantially in excess of the total premium 
(including both employee-paid and employer-paid portions of the 
premium) for such participant's coverage. Under proposed 
Treasury regulations, a maximum amount of reimbursement is not 
substantially in excess of the total premium if such maximum 
amount is less than 500 percent of the premium. An FSA may be 
part of a cafeteria plan or provided by an employer outside a 
cafeteria plan. FSAs are commonly used to reimburse employees 
for medical expenses not covered by insurance. If certain 
requirements are satisfied,\4\ amounts reimbursed for 
nontaxable benefits from an FSA are excludable from income.
    \4\  These requirements include a requirement that a health FSA can 
only provide reimbursement for medical expenses (as defined in sec. 
213) and cannot provide reimbursement for premium payments for other 
health coverage and that the maximum amount of reimbursement under a 
health FSA must be available at all times during the period of 
coverage.
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Health care continuation rules

    The health care continuation rules require that an employer 
must provide qualified beneficiaries the opportunity to 
continue to participate for a specified period in the 
employer's health plan after the occurrence of certain events 
(such as termination of employment) that would have terminated 
such participation (sec. 4980B). Individuals electing 
continuation coverage can be required to pay for such coverage.

Life insurance company reserve rules

    In general, life insurance companies are allowed a 
deduction for a net increase in reserves and must take into 
income any net decreases in reserves (sec. 807(a) and (b)). 
Present law prescribes a tax reserve method based on the nature 
of the contract. For noncancellable accident and health 
insurance contracts, the prescribed method is a two-year full 
preliminary term method (sec. 807(d)(3)(A)(iii)). Long-term 
care insurance reserves are treated like noncancellable 
accident and health insurance for this purpose and, therefore, 
are determined under the two-year full preliminary term method. 
In no event is the tax reserve for any contract as of any time 
permitted to exceed the amount which would be taken into 
account in determining statutory reserves as set forth on the 
annual statement (sec 807(d)(1)).
    The amount of any adjustment, whether an increase or a 
reduction in income, that is attributable to a change in the 
basis for determining reserves (or for determining any other 
item referred to in sec. 807(c)) is generally spread over a 10-
year period (sec. 807(f)).

                           Reasons for Change

    Providing an incentive for individuals to take financial 
responsibility for their long-term health care is an important 
element of the Contract With America. The bill therefore 
provides generally for the treatment of long-term care services 
and eligible long-term care premiums as medical expenses for 
purposes of the itemized deduction for medical expenses, and 
the exclusion (subject to dollar limits) from income of certain 
amounts paid under long-term care insurance contracts and long-
term care riders to life insurance contracts that meet the 
bill's requirements. In order further to encourage taxpayers to 
direct resources to financing their long-term health care, the 
bill also permits tax-free exchanges of life insurance, annuity 
and endowment contracts for long-term care insurance contracts, 
and permits withdrawals, free from the early withdrawal tax or 
other income tax, of elective deferral amounts under certain 
pension plans to the extent of premiums paid for any long-term 
care insurance contract during the year.
    Under the National Association of Insurance Commissioners 
(NAIC) Long-Term Care Insurance Model Act and Regulations, 
which have been adopted by some States, long-term care 
insurance reserves are calculated under a one-year full 
preliminary term method, while a two-year full preliminary term 
method is required for Federal income tax purposes. Because of 
this inconsistency, in some cases life insurance companies are 
required to establish reserves for long-term care insurance 
contracts earlier for State regulatory purposes than they do 
for Federal tax purposes. In addition, some life insurance 
companies have voluntarily complied with the NAIC model act and 
regulations. The bill therefore modifies the reserve method 
applicable to long-term care insurance contracts under the life 
insurance company tax rules so that this disparity is 
eliminated with respect to contracts issued after the effective 
date.

                        Explanation of Provision

Tax treatment and definition of long-term care insurance contracts and 
        qualified long-term care services

            In general
    Under the bill, a long-term care insurance contract is 
accorded the following tax treatment. A long-term care 
insurance contract generally is treated as an accident and 
health insurance contract.\5\ Amounts (other than policyholder 
dividends or premium refunds) received under a long-term care 
insurance contract generally are excludable as amounts received 
for personal injuries and sickness (subject to a cap of $200 
per day, or $73,000 annually). A plan of an employer providing 
coverage under a long-term care insurance contract generally is 
treated as an accident and health plan; however, coverage under 
a long-term care insurance contract is not excludable by an 
employee if provided through a cafeteria plan; similarly, 
expenses for long-term care services cannot be reimbursed under 
an FSA.\6\
    \5\ Prior to December 31, 1993, a self-employed individual was 
entitled to deduct up to 25 percent of the health insurance expenses 
for the individual and his or her spouse and dependents. The bill 
treats long-term care insurance as health insurance. Thus, if the 25-
percent deduction is extended, it would apply to long-term care 
insurance premiums under the bill. H.R. 831 as passed by the House on 
February 21, 1995, would retroactively and permanently extend the 25-
percent deduction.
    \6\ The bill does not otherwise modify the requirements relating to 
FSAs. An FSA is defined (as under proposed regulations) as a benefit 
program providing employees with coverage under which specified 
incurred expenses may be reimbursed (subject to maximums and other 
reasonable conditions), and the maximum amount of reimbursement that is 
reasonably available to a participant is less than 500 percent of the 
value of the coverage.
    Within certain limits, premiums for long-term care 
insurance are treated as medical expenses for purposes of the 
itemized deduction for medical expenses.\7\ In addition, 
expenses for qualified long-term care services are treated as 
medical expenses for purposes of the itemized deduction.
    \7\ Similarly, within certain limits, in the case of a rider to a 
life insurance contract, charges against the life insurance contract's 
cash surrender value that are includible in income are treated as 
medical expenses (provided the rider constitutes a long-term care 
insurance contract).
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            Definition of long-term care insurance contract
    A long-term care insurance contract is defined as any 
insurance contract that provides only coverage of qualified 
long-term care services and that meets other requirements. The 
other requirements are that (1) the contract is guaranteed 
renewable, (2) the contract does not provide for a cash 
surrender value or other money that can be paid, assigned, 
pledged or borrowed, (3) refunds (other than refunds on the 
death of the insured or complete surrender or cancellation of 
the contract) and dividends under the contract may be used only 
to reduce future premiums or increase future benefits, and (4) 
the contract generally does not pay or reimburse expenses 
reimbursable under Medicare (except where Medicare is a 
secondary payor, or the contract makes per diem or other 
periodic payments without regard to expenses).\8\
    \8\ The bill provides that no provision of law shall be construed 
or applied so as to prohibit the offering of a long-term care insurance 
contract on the basis that the contract coordinates its benefits with 
those provided under Medicare. Thus, long-term care insurance contracts 
are not subject to the rules requiring duplication of Medicare 
benefits.
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    A contract does not fail to be treated as a long-term care 
insurance contract solely because it provides for payments on a 
per diem or other periodic basis without regard to expenses 
during the period.
            Definition of qualified long-term care services
    Qualified long-term care services means necessary 
diagnostic, preventive, therapeutic, curing, treating, 
mitigating and rehabilitative services, and maintenance or 
personal care services that are required by a chronically ill 
individual and that are provided pursuant to a plan of care 
prescribed by a licensed health care practitioner.
    A chronically ill individual is one who has been certified 
within the previous 12 months by a licensed health care 
practitioner as being unable to perform (without substantial 
assistance) at least 2 activities of daily living for at least 
90 days \9\ due to a loss of functional capacity or cognitive 
impairment, or having a similar level of disability as 
determined by the Secretary of the Treasury in consultation 
with the Secretary of Health and Human Services. Activities of 
daily living are eating, toileting, transferring, bathing, 
dressing and continence.\10\
    \9\ The 90-day period is not a waiting period. Thus, an individual 
can be certified as chronically ill if the licensed health care 
practitioner certifies that the individual will be unable to perform at 
least 2 activities of daily living for at least 90 days.
    \10\ Nothing in the bill requires the contract to take into account 
all of the activities of daily living. For example, a contract could 
require that an individual be unable to perform (without substantial 
assistance) 2 out of any 5 such activities, or for another example, 3 
out of the 6 activities.
    A licensed health care practitioner is a physician (as 
defined in sec. 1861(r)(l) of the Social Security Act) and any 
registered professional nurse, licensed social worker, or other 
individual who meets such requirements as may be prescribed by 
the Secretary of the Treasury.
            Itemized deduction for medical expenses
    Unreimbursed expenses for qualified long-term care services 
provided to the taxpayer or the taxpayer's spouse or dependent 
are treated as medical expenses for purposes of the itemized 
deduction for medical expenses (subject to the present-law 
floor of 7.5 percent of adjusted gross income). For this 
purpose, amounts received under a long-term care insurance 
contract (regardless of whether the contract reimburses 
expenses or pays benefits on a per diem or other basis) are 
treated as reimbursement for expenses actually incurred for 
medical care.
    For purposes of the deduction for medical expenses, 
qualified long-term care services do not include services 
provided to an individual by a relative (directly, or through a 
partnership, corporation, or other entity), unless the relative 
is a licensed professional with respect to such services, or by 
a related corporation (within the meaning of Code section 
267(b) or 707(b)).\11\
    \11\ The rule limiting such services provided by a relative or a 
related corporation does not apply for purposes of the exclusion for 
amounts received under a long-term care insurance contract, whether the 
contract is employer-provided or purchased by an individual. The 
limitation is unnecessary in such cases because it is anticipated that 
the insurer will monitor reimbursements to limit opportunities for 
fraud in connection with the performance of services by the taxpayer's 
relative or a related corporation.
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    Long-term care insurance premiums that do not exceed 
specified dollar limits are treated as medical expenses for 
purposes of the itemized deduction for medical expenses. The 
limits are as follows:

        In the case of an individual with an           The limitation on
        attained age before the close of               premiums paid for
        the taxable year of:                      such taxable years is:
Not more than 40..................................................  $200
More than 40 but not more than 50.................................   375
More than 50 but not more than 60.................................   750
More than 60 but not more than 70................................. 2,000
More than 70...................................................... 2,500
    For taxable years beginning after 1996, these dollar limits 
are indexed for increases in the medical care component of the 
consumer price index. The Secretary of the Treasury, in 
consultation with the Secretary of Health and Human Services, 
is directed to develop a more appropriate index to be applied 
in lieu of the foregoing. Such an alternative might 
appropriately be based on increases in skilled nursing facility 
and home health care costs. It is intended that the Treasury 
Secretary annually publish the indexed amount of the limits as 
early in the year as they can be calculated.
            Long-term care riders on life insurance contracts
    In the case of long-term care insurance coverage provided 
by a rider on a life insurance contract, the requirements 
applicable to long-term care insurance contracts apply as if 
the portion of the contract providing such coverage were a 
separate contract. The term ``portion'' means only the terms 
and benefits that are in addition to the terms and benefits 
under the life insurance contract without regard to long-term 
care coverage. The guideline premium limitation applicable 
under section 7702(c)(2) is increased by the sum of charges 
(but not premium payments) against the life insurance 
contract's cash surrender value, the imposition of which 
reduces premiums paid for the contract (within the meaning of 
sec. 7702(f)(1)). In addition, it is anticipated that Treasury 
regulations will provide for appropriate reduction in premiums 
paid (within the meaning of sec. 7702(f)(1)) to reflect the 
payment of benefits under the rider that reduce the cash 
surrender value of the life insurance contract. A similar rule 
should apply in the case of a contract governed by section 
101(f) and in the case of the payments under a rider that are 
excludable under section 101(g) of the Code (as added by this 
bill).
            Life insurance company reserves
    In determining reserves for insurance company tax purposes, 
the bill provides that the Federal income tax reserve method 
applicable for a long-term care insurance contract issued after 
December 31, 1995, is the method prescribed by the National 
Association of Insurance Commissioners (or, if no reserve 
method has been so prescribed, a method consistent with the tax 
reserve method for life insurance, annuity or noncancellable 
accident and health insurance contracts, whichever is most 
appropriate). The method currently prescribed by the NAIC for 
long-term care insurance contracts is the one-year full 
preliminary term method. As under present law, however, in no 
event may the tax reserve for a contract as of any time exceed 
the amount which would be taken into account with respect to 
the contract as of such time in determining statutory reserves.
            Health care continuation rules
    The health care continuation rules do not apply to coverage 
under a long-term care insurance contract.

Exchanges of life insurance and other contracts for long-term care 
        insurance contracts

    The exchange of a life insurance contract or an endowment 
or annuity contract for a qualified long-term care insurance 
contract is not taxable under the bill.

Certain distributions from IRAs and retirement plans for long-term care 
        insurance excludable from income

    The bill excludes from gross income distributions from 
individual retirement arrangements (IRAs) and distributions 
attributable to elective deferrals to qualified cash or 
deferred arrangements (sec. 401(k) plans), tax-sheltered 
annuities (sec. 403(b) plans), nonqualified deferred 
compensation plans of governmental or tax-exempt employers 
(sec. 457 plans), and section 501(c)(18) plans used to pay 
premiums for long-term care insurance for the individual or the 
individual's spouse. Such distributions are also not subject to 
the 10-percent tax on early withdrawals. A plan will not fail 
to meet the Internal Revenue Code requirements applicable to 
such plan merely because it permits such distributions.

Inclusion of excess long-term care benefits

    In general, the bill provides that the maximum annual 
amount of long-term care benefits excludable from income with 
respect to an insured who is chronically ill (not including 
amounts received by reason of the individual being terminally 
ill) \12\ cannot exceed the equivalent of $200 per day for each 
day the individual is chronically ill. Thus, the maximum annual 
exclusion for long-term care benefits with respect to any 
chronically ill individual (not including amounts received by 
reason of the individual being terminally ill) is $73,000 (for 
1996). Long-term care benefits for this purpose include 
payments and other benefits received under a long-term care 
insurance contract (to the extent otherwise excludable under 
section 7702B(b) as added by the bill) and payments that are 
otherwise excludable under the provision of the bill related to 
accelerated death benefits and viatical settlements with 
respect to persons who are chronically ill (sec. 101(g) (as 
added by the bill). If the insured is not the same as the 
holder of the contract, the insured may assign some or all of 
this limit to the contract holder at the time and manner 
prescribed by the Secretary.
    \12\ Terminally ill is defined as under the provision of the bill 
relating to accelerated death benefits. In general, under that 
provision, an individual is considered to be terminally ill if he or 
she is certified as having an illness or physical condition that 
reasonably can be expected to result in death within 24 months of the 
date of the certification.
    This $200 per day limit is indexed for inflation after 1996 
for increases in the medical care component of the consumer 
price index. The Treasury Secretary, in consultation with the 
Secretary of Health and Human Services, is directed to develop 
a more appropriate index, to be applied in lieu of the 
foregoing. Such an alternative might appropriately be based on 
increases in skilled nursing facility and home health care 
costs. It is intended that the Treasury Secretary annually 
publish the indexed amount of the limit as early in the year as 
it can be calculated.
    A payor of long-term care benefits (as defined above) is 
required to report to the IRS the aggregate amount of such 
benefits paid to any individual during any calendar year, and 
the name, address and taxpayer identification number of such 
individual. A copy of the report must be provided to the payee 
by January 31 following the year of payment, showing the name 
of the payor and the aggregate amount of benefits paid to the 
individual during the calendar year. Failure to file the report 
or provide the copy to the payee is subject to the generally 
applicable penalties for failure to file similar information 
reports.

                             Effective Date

    The provisions defining long-term care insurance contracts 
and qualified long-term care services apply to contracts issued 
after December 31, 1995. Any contract issued before January 1, 
1996, that met the long-term care insurance requirements in the 
State in which the policy was sitused at the time it was issued 
is treated as a long-term care insurance contract, and services 
provided under or reimbursed by the contract are treated as 
qualified long-term care services.
    A contract providing for long-term care insurance may be 
exchanged for a long-term care insurance contract (or the 
former cancelled and the proceeds reinvested in the latter 
within 60 days) tax free between the date of enactment and 
January 1, 1996. Taxable gain would be recognized to the extent 
money or other property is received in the exchange.
    The issuance or conformance of a rider to a life insurance 
contract providing long-term care insurance coverage is not 
treated as a modification or a material change for purposes of 
applying sections 101(f), 7702 and 7702A of the Code.
    The provisions relating to (1) treatment as a medical 
expense of qualified long-term care insurance services and 
eligible long-term care premiums and (2) tax-free exchanges of 
life insurance, endowment and annuity contracts for long-term 
care insurance contracts, are effective for taxable years 
beginning after December 31, 1995.
    The change in treatment of reserves for long-term care 
insurance contracts is effective for contracts issued after 
December 31, 1995. If, after that date, a company changes its 
tax reserve method for long-term care insurance contracts 
issued after that date, the amount of any adjustment arising 
from the change with respect to those contracts is spread over 
a 10-year period as provided in section 807(f).
    The provision relating to certain distributions from IRAs 
and elective deferrals used to pay long-term care insurance 
premiums is effective for payments and distributions after 
December 31, 1995.
    The provisions relating to the maximum exclusion for long-
term care benefits and reporting are effective for taxable 
years beginning after December 31, 1995. Thus, the initial year 
in which reports will be filed with the IRS and copies provided 
to the payee will be 1997, with respect to long-term care 
benefits paid in 1996.
  C. Tax Treatment of Accelerated Death Benefits under Life Insurance 
Contracts (secs. 221-222 and 231-232 of the bill and secs. 91, 101(g), 
                818(g), 6050Q, and 6724(d) of the Code)

                              Present Law

Treatment of amounts received under a life insurance contract

    If a contract meets the definition of a life insurance 
contract, gross income does not include insurance proceeds that 
are paid pursuant to the contract by reason of the death of the 
insured (sec. 101(a)). In addition, the undistributed 
investment income (``inside buildup'') earned on premiums 
credited under the contract is not subject to current taxation 
to the owner of the contract. The exclusion under section 101 
applies regardless of whether the death benefits are paid as a 
lump sum or otherwise.
    Amounts received under a life insurance contract (other 
than a modified endowment contract) prior to the death of the 
insured are includible in the gross income of the recipient to 
the extent that the amount received constitutes cash value in 
excess of the taxpayer's investment in the contract (generally, 
the investment in the contract is the aggregate amount of 
premiums paid less amounts previously received that were 
excluded from gross income).
    If a contract fails to be treated as a life insurance 
contract under section 7702(a), inside buildup on the contract 
is generally subject to tax (sec. 7702(g)).

Requirements for a life insurance contract

    To qualify as a life insurance contract for Federal income 
tax purposes, a contract must be a life insurance contract 
under the applicable State or foreign law and must satisfy 
either of two alternative tests: (1) a cash value accumulation 
test or (2) a test consisting of a guideline premium 
requirement and a cash value corridor requirement (sec. 
7702(a)). A contract satisfies the cash value accumulation test 
if the cash surrender value of the contract may not at any time 
exceed the net single premium that would have to be paid at 
such time to fund future benefits under the contract. A 
contract satisfies the guideline premium and cash value 
corridor tests if the premiums paid under the contract do not 
at any time exceed the greater of the guideline single premium 
or the sum of the guideline level premiums, and if the death 
benefit under the contract is not less than a varying statutory 
percentage of the cash surrender value of the contract.

Proposed regulations on accelerated death benefits

    The Treasury Department has issued proposed regulations 
\13\ under which certain ``qualified accelerated death 
benefits'' paid by reason of the terminal illness of an insured 
would be treated as paid by reason of the death of the insured 
and therefore qualify for exclusion under section 101. In 
addition, the proposed regulations would permit an insurance 
contract that includes a qualified accelerated death benefit 
rider to qualify as a life insurance contract under section 
7702. Thus, the proposed regulations provide that including 
this benefit would not cause an insurance contract to fail to 
meet the definition of a life insurance contract.
    \13\  Prop. Treas. Reg. Secs. 1.101-8, 1.7702-0, 1.7702-2, and 
1.7702A-1 (December 15, 1992).
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    Under the proposed regulations, a benefit would qualify as 
a qualified accelerated death benefit only if it meets three 
requirements. First, the accelerated death benefit can be 
payable only if the insured becomes terminally ill. Second, the 
amount of the benefit must equal or exceed the present value of 
the reduction in the death benefit otherwise payable.\14\ 
Third, the cash surrender value and the death benefit payable 
under the policy must be reduced proportionately as a result of 
the accelerated death benefit.
    \14\  For purposes of determining the present value under the 
proposed regulations, the maximum permissible discount rate would be 
the greater of (1) the applicable Federal rate that applies under the 
discounting rules for property and casualty insurance loss reserves, 
and (2) the interest rate applicable to policy loans under the 
contract. Also, the present value would be determined assuming that the 
death benefit would have been paid twelve months after payment of the 
accelerated death benefit.
    For purposes of the proposed regulations, an insured would 
be treated as terminally ill if he or she has an illness that, 
despite appropriate medical care, the insurer reasonably 
expects to result in death within twelve months from the 
payment of the accelerated death benefit. The proposed 
regulations would not apply to viatical settlements.

                           Reasons for Change

    The Committee wishes to extend the present-law rule 
permitting an exclusion from income for amounts paid under a 
life insurance contract by reason of the death of the insured 
to accelerated death benefits paid with respect to certain 
terminally ill and chronically ill insured individuals. In 
addition, in the case of a terminally ill or chronically ill 
insured individual, the Committee believes that this exclusion 
from income should be extended to certain sales or assignments 
of all or a portion of a life insurance contract to a viatical 
settlement provider. The Committee believes that a single set 
of rules should apply to benefits received with respect to a 
chronically ill individual. To provide parity in treatment, the 
same definition of a chronically ill individual applies for 
purposes of the rules under this provision and the rules 
governing long-term care insurance contracts. Further, the $200 
per day ($73,000 annual) limit on excludability of benefits for 
chronically ill individuals applies in both situations as well.

                        Explanation of Provision

    The bill provides an exclusion from gross income as an 
amount paid by reason of the death of an insured for (1) 
amounts received under a life insurance contract and (2) 
amounts received for the sale or assignment of a life insurance 
contract to a qualified viatical settlement provider, provided 
that the insured under the life insurance contract is either 
terminally ill or chronically ill.\15\
    \15\ The exclusion for amounts received under a life insurance 
contract on the life of an insured who is chronically ill applies if 
the amount is received under a rider or other provision of the contract 
that is treated as a long-term care insurance contract under section 
7702B (as added by the bill).
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    The provision does not apply in the case of an amount paid 
to any taxpayer other than the insured, if such taxpayer has an 
insurable interest by reason of the insured being a director, 
officer or employee of the taxpayer, or by reason of the 
insured being financially interested in any trade or business 
carried on by the taxpayer.
    A terminally ill individual is defined as one who has been 
certified by a physician as having an illness or physical 
condition that reasonably can be expected to result in death 
within 24 months of the date of certification. A physician is 
defined for this purpose in the same manner as under the long-
term care insurance rules of the bill.\16\
    \16\ A physician is defined for these purposes as in section 
1861(r)(1) of the Social Security Act, which provides that a physician 
means a doctor of medicine or osteopathy legally authorized to practice 
medicine and surgery by the State in which he performs such function or 
action (including a physician within the meaning of section 1101(a)(7) 
of that Act). Section 1101(a)(7) of that Act provides that the term 
physician includes osteopathic practitioners within the scope of their 
practice as defined by State law.
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    A chronically ill individual is defined as under the long-
term care provisions of the bill.\17\ In the case of amounts 
received with respect to a chronically ill individual (but not 
amounts received by reason of the individual being terminally 
ill), the $200 per day ($73,000 annual) limitation on 
excludable benefits applies.\18\ A payor of such an accelerated 
death benefit or a qualified viatical settlement provider 
making such a payment with respect to an individual who is 
chronically ill is required to report to the IRS the aggregate 
amount of such benefits paid to any individual during any 
calendar year, and the name, address and taxpayer 
identification number of such individual. A copy of the report 
must be provided to the payee by January 31 following the year 
of payment, showing the name of the payor and the aggregate 
amount of such benefits paid to the individual during the 
calendar year. Failure to file the report or provide the copy 
to the payee is subject to the generally applicable penalties 
for failure to file similar information reports.
    \17\ Thus, a chronically ill individual is one who has been 
certified within the previous 12 months by a licensed health care 
practitioner as being unable to perform (without substantial 
assistance) at least 2 activities of daily living for at least 90 days 
due to a loss of functional capacity or cognitive impairment, or having 
a similar level of disability as determined by the Secretary of the 
Treasury in consultation with the Secretary of Health and Human 
Services. Activities of daily living are eating, toileting, 
transferring, bathing, dressing and continence. Nothing in the bill 
requires the contract to take into account all of the activities of 
daily living.
    \18\ In general, the bill provides that the maximum annual amount 
of benefits excludable from income under sections 7702B(a)(2) or 101(g) 
(as added by this bill) with respect to an insured who is chronically 
ill (but not amounts received by reason of the insured being terminally 
ill) cannot exceed the equivalent of $200 per day for each day the 
individual is chronically ill. Thus, the maximum annual exclusion for 
long-term care benefits with respect to any chronically ill individual 
(but not amounts received by reason of the insured being terminally 
ill) is $73,000 (for 1996). If the insured is not the same as the 
holder of the contract, the insured may assign some or all of this 
limit to the contract holder at the time and manner prescribed by the 
Secretary.
    A qualified viatical settlement provider is any person that 
regularly purchases or takes assignments of life insurance 
contracts on the lives of terminally ill or chronically ill 
individuals and either (1) is licensed for such purposes in the 
State in which the insured resides, or (2) if the person is not 
required to be licensed by that State, meets the requirements 
of sections 8 and 9 of the Viatical Settlements Model Act 
issued by the National Association of Insurance Commissioners 
(relating to disclosure requirements and general rules for a 
viatical settlement contract).
    For life insurance company tax purposes, the bill provides 
that a life insurance contract is treated as including a 
reference to a qualified accelerated death benefit rider to a 
life insurance contract (except in the case of any rider that 
is treated as a long-term care insurance contract under section 
7702B, as added by the bill). A qualified accelerated death 
benefit rider is any rider on a life insurance contract that 
provides only for payments of a type that are excludable under 
this provision.

                             Effective Date

    The provision applies to amounts received after December 
31, 1995. The provision treating a qualified accelerated death 
benefit rider as life insurance for life insurance company tax 
purposes takes effect on January 1, 1996. The issuance of a 
qualified accelerated death benefit rider to a life insurance 
contract, or the addition of any provision required to conform 
an accelerated death benefit rider to these provisions, is not 
treated as a modification or material change of the contract 
(and is not intended to affect the issue date of any contract 
under section 101(f)).
            TITLE III. JOB CREATION AND WAGE ENHANCEMENT ACT

                      A. Capital Gains Provisions

1. 50-percent capital gains deduction for individuals (sec. 301 of the 
        bill and new sec. 1202 of the Code)

                              Present Law

    In general, gain or loss reflected in the value of an asset 
is not recognized for income tax purposes until a taxpayer 
disposes of the asset. On the sale or exchange of capital 
assets, the net capital gain is taxed at the same rate as 
ordinary income, except that individuals are subject to a 
maximum marginal rate of 28 percent of the net capital gain. 
Net capital gain is the excess of the net long-term capital 
gain for the taxable year over the net short-term capital loss 
for the year. Gain or loss is treated as long-term if the asset 
is held for more than one year.
    A capital asset generally means any property except (1) 
inventory, stock in trade, or property held primarily for sale 
to customers in the ordinary course of the taxpayer's trade or 
business, (2) depreciable or real property used in the 
taxpayer's trade or business, (3) specified literary or 
artistic property, (4) business accounts or notes receivable, 
or (5) certain U.S. publications. In addition, the net gain 
from the disposition of certain property used in the taxpayer's 
trade or business is treated as long-term capital gain. Gain 
from the disposition of depreciable personal property is not 
treated as capital gain to the extent of all previous 
depreciation allowances. Gain from the disposition of 
depreciable real property is generally not treated as capital 
gain to the extent of the depreciation allowances in excess of 
the allowances that would have been available under the 
straight-line method.
    The Revenue Reconciliation Act of 1993 provided a 50-
percent exclusion for gain from the sale of certain small 
business stock acquired at original issue and held for at least 
five years. One-half of the excluded amount is a minimum tax 
preference.
    Prior to the enactment of the Tax Reform Act of 1986, 
individuals were allowed a deduction equal to 60 percent of net 
capital gain. The deduction resulted in a maximum effective tax 
rate of 20 percent on such gains.
    Capital losses are generally deductible in full against 
capital gains. In addition, individuals may deduct capital 
losses against up to $3,000 of ordinary income in each year. 
Capital losses in excess of the amount deductible are carried 
forward indefinitely in the case of individuals, and generally 
carried back three years and forward five years in the case of 
corporations. Prior to the Tax Reform Act of 1986, individuals 
were required to use two dollars of long-term capital loss to 
offset each dollar of ordinary income.
                           Reasons for Change

    The Committee believes it is important that tax policy be 
conducive to economic growth. Economic growth cannot occur 
without saving, investment, and the willingness of individuals 
to take risks and exploit new market opportunities. The greater 
the pool of savings, the greater the monies available for 
business investment in equipment and research. It is through 
such investment in equipment and new products and services that 
the United States economy can increase output and productivity. 
It is through increases in productivity that workers earn 
higher real wages. Hence, greater saving is necessary for all 
Americans to benefit through a higher standard of living.
    The net personal saving rate in the United States averaged 
4.8 percent of gross domestic product (GDP) in the 1980s, below 
the 5.5 percent rate of the 1970s, and far below the rates of 
Japan, Germany, Canada and other major trading partners. The 
net personal saving rate reported by the Department of Commerce 
for 1990 through 1992 averaged only 3.5 percent of GDP. The 
Committee believes such saving is inadequate to finance the 
investment that is needed to equip the country's businesses 
with the equipment and research dollars necessary to create the 
higher productivity that results in higher real wages for 
working Americans. A reduction in the taxation of capital gains 
increases the rate of return on household saving. Testimony by 
many economists before the Committee generally concluded that 
increasing the after-tax return to saving should increase the 
saving rate of American households.
    American technological leadership has been enhanced by the 
willingness of individuals to take the risk of pursuing new 
businesses exploiting new technologies. Risk taking is stifled 
if the taxation of any resulting gain is high and the ability 
to claim losses is limited. The Committee believes it is 
important to encourage risk taking and believes a reduction in 
the taxation of capital gains will have that effect.
    Reduction in the taxation of capital gains also should 
improve the efficiency of the capital markets. The taxation of 
capital gains upon realization encourages investors who have 
accrued past gains to keep their monies ``locked in'' to such 
investments even when better investment opportunities present 
themselves. All economists that testified before the Committee 
agreed that reducing the rate of taxation of capital gains 
would encourage investors to unlock many of these gains. This 
unlocking will permit more monies to flow to new, highly valued 
uses in the economy. When monies flow freely, the efficiency of 
the capital market is improved.
    The unlocking effect also has the short-term and long-term 
effect of increasing revenues to the Federal Government. The 
current revenue estimating methods employed by the Congress 
account for this long-term behavioral response. Nevertheless, 
current Congressional estimates project that revenue losses to 
the Federal Government will arise from the reduction in the tax 
rate on capital gains beginning in fiscal year 1997. The 
Committee observes, however, that the conservative approach 
embodied in such estimates does not attempt to account for the 
potential for increased growth in GDP that can result from 
increased saving and risk taking. Many macroeconomists have 
concluded that reductions in the taxation of capital gains will 
increase GDP and wage growth sufficiently that future tax 
revenues from the taxation of wages and business profits will 
offset the losses forecast from the sale of capital assets. 
Allen Sinai, chief global economist at Lehman Brothers, has 
estimated that a reduction in capital gains taxation will raise 
real and nominal gross domestic product by increasing capital 
spending and capital formation and, thereby, increase future 
government revenues. The Committee also notes that a recent 
study by the economic forecasting firm, Data Resources, Inc., 
of a reduction in the taxation of capital gains similar to that 
adopted by the Committee suggests ``that after 10 years real 
GDP could be 0.4% higher than in the baseline.'' \19\ The 
potential for future growth and its benefits both for all 
United States citizens and for future Federal revenues were 
important considerations for the Committee.
    \19\ Roger E. Brinner, David A. Wyss, and Cynthia M. Latta, 
``Growth and Budget Repercussions of the Republican Contract with 
America,'' Review of the U.S. Economy, DRI/McGraw-Hill, February 1995, 
p. 36.
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    The Committee rejects the narrow view that reductions in 
the taxation of capital gains benefit primarily higher-income 
Americans. Traditional attempts to measure the benefit of a tax 
reduction for capital gains are deficient. Typically, the 
classification of individuals in such studies measure the 
individuals' incomes including any capital gains realized. Many 
Americans realize only one or two capital gains during their 
lifetime, for example upon the sale of family business upon 
retirement. Including the gain on such a one-time sale in the 
income of the individual makes the individual appear, for that 
one year, to be a higher-income taxpayer when, in other years, 
the taxpayer would appear to be solidly middle class. Another 
deficiency is that such studies classify taxpayers only by 
their current economic condition. Studies show that there is 
substantial economic mobility in the United States. An 
individual who might be counted as lower income now may in a 
decade be higher income.
    Thus, taking a longer view, the Committee sees a reduction 
in the taxation of capital gains as providing potential 
benefits to all individuals. Most importantly, the Committee 
stresses that economic growth benefits all Americans. Increased 
investment leads to greater productivity and leads to higher 
wages. Traditional attempts to measure the benefit or burden of 
a tax change do not account for this critical outcome.
                        Explanation of Provision

    The bill allows individuals a deduction equal to 50 percent 
of net capital gain for the taxable year. The bill repeals the 
present-law maximum 28-percent rate. Thus, under the bill, the 
effective rate on the net capital gain of an individual in the 
highest (i.e., 39.6 percent) marginal rate bracket is 19.8 
percent.
    The bill repeals the provisions in the Revenue 
Reconciliation Act of 1993 providing a capital gain exclusion 
for sales of certain small business stock (sec. 1202 of the 
Code).
    The bill reinstates the rule in effect prior to the l986 
Tax Reform Act that required two dollars of the long-term 
capital loss of an individual to offset one dollar of ordinary 
income. The $3,000 limitation on the deduction of capital 
losses against ordinary income continues to apply.
    Collectibles are excluded from net capital gain. However, 
an individual could elect to apply a maximum rate of 28 percent 
to the net capital gain attributable to collectibles, if the 
individual forgoes the benefit of indexing the basis of the 
collectible.

                             Effective Date

    The provision generally applies to taxable years ending 
after December 31, 1994.
    For a taxpayer's fiscal year that includes January 1, 1995 
(or for the 1995 calendar year of a taxpayer holding interests 
in one or more pass-thru entities with a fiscal year that 
includes January 1, 1995), the 50-percent capital gains 
deduction applies to the lesser of (1) the net capital gain for 
the taxable year, or (2) the net capital gain determined by 
taking into account gain or loss properly taken into account 
for the portion of the taxable year after December 31, 1994. 
Any net capital gain not eligible for the 50-percent capital 
gains deduction is subject to the present-law maximum rate of 
28 percent. This generally has the effect of applying the 50-
percent deduction to capital assets sold or exchanged (or 
installment payments received) on or after January 1, 1995, and 
subjecting gains from capital assets sold before that date to a 
maximum rate of 28 percent.
    In the case of gain taken into account by a pass-through 
entity (i.e., a RIC, a REIT, a partnership, an estate or trust, 
or a common trust fund), the date taken into account by the 
entity is the appropriate date for applying the rule in the 
preceding paragraph. Thus, gain taken into account by a fiscal-
year pass-thru entity in 1994 which an owner takes into account 
on its calendar-year 1995 income tax return is not eligible for 
the new capital gains deduction.
    A taxpayer holding small business stock on the date of 
enactment is able to elect, within one year from the date of 
enactment, to have the provision of present law (rather than 
the provisions of the bill) apply to any gain from the sale of 
the stock.
    The capital loss rule does not apply to losses arising in 
taxable years beginning before January 1, 1996.

2. Indexing of basis of certain assets for purposes of determining gain 
        (sec. 302 of bill and new sec. 1022 of the Code)

                              Present Law

    Under present law, gain or loss from the disposition of any 
asset generally is the sales price of the asset is reduced by 
the taxpayer's adjusted basis in that asset. The taxpayer's 
adjusted basis generally is the taxpayer's cost in the asset 
adjusted for depreciation, depletion, and certain other 
amounts. No adjustment is allowed for inflation.
                           Reasons for Change

    Because a taxpayer's adjusted basis for tax purposes is 
determined by historical cost, a taxpayer can have gains for 
tax purposes even though the real value of the assets (i.e., 
adjusted for inflation) has not increased. Even at modest 
inflation rates of three percent per year for five years, an 
investor's adjusted basis will under-represent his real 
purchasing power by 16 percent over five years. The taxation of 
these inflationary gains discourages new saving and investors 
from selling old investments even when better investment 
opportunities present themselves. This retards economic growth 
and leads to an inefficient allocation of capital by the 
capital markets. For this reason, the Committee believes it is 
appropriate to provide for inflation adjustments to a 
taxpayer's adjusted basis in certain assets (held for more than 
three years) for purposes of determining gain on their 
disposition.

                        Explanation of Provision

In general

    The bill generally provides for an inflation adjustment to 
(i. e. , indexing of) the adjusted basis of certain assets 
(called ``indexed assets'') for purposes of determining gain 
(but not loss) upon a sale or other disposition of such assets 
by a taxpayer other than a C corporation. Assets held by 
trusts, estates, S corporations, regulated investment companies 
(``RICs''), real estate investment trusts (``REITs''), and 
partnerships are eligible for indexing, to the extent gain on 
such assets is taken into account by taxpayers other than C 
corporations.
    The bill applies to assets acquired on or after January 1, 
1995 (and to principal residences held on that date).

Indexed assets

    Assets eligible for the inflation adjustment generally 
include common (but not preferred) stock of C corporations and 
tangible property that are capital assets or property used in a 
trade or business. To be eligible for indexing, an asset must 
be held by the taxpayer for more than three years.
    The adjusted basis of debt is not indexed. The proposal 
also excludes from indexing intangible assets, such as options, 
futures, and other derivatives.
    No property using neutral cost recovery is an indexed 
asset.

Computation of inflation adjustment

    The inflation adjustment under the provision is computed by 
multiplying the taxpayer's adjusted basis in the indexed asset 
by an inflation adjustment percentage. The inflation adjustment 
percentage is the percentage by which the GDP deflator for the 
last calendar quarter ending before the disposition exceeds the 
GDP deflator for the last calendar quarter ending before the 
asset was acquired by the taxpayer. The inflation adjustment 
percentage is rounded to the nearest one-tenth of a percent. No 
adjustment is made if the inflation adjustment is one or less.
    Indexing with respect to any asset ends at the time the 
asset is treated as disposed of for tax purposes. Thus, with 
respect to installment sales, the inflation adjustment to the 
seller does not take into account any periods after the sale is 
made. The purchaser generally is entitled to inflation 
adjustments beginning with the date of purchase, even though 
the purchase price is not paid until a later date.
    In computing the inflation ratio, periods of time for which 
an asset is not an indexed asset are not taken into account. 
For example, if convertible debt is converted into common 
stock, the period prior to conversion is disregarded in 
determining the inflation ratio applicable to the disposition 
of the common stock.

Special entities

            RICs and REITs
    In the case of a RIC or a REIT, the indexing adjustments 
generally apply in computing the taxable income and the 
earnings and profits of the RIC or REIT. The indexing 
adjustments, however, are not applicable in determining whether 
a corporation qualifies as a RIC or REIT.
    In order to deny the benefit of indexing to corporate 
shareholders of the RIC or REIT, the bill provides that, under 
regulations, (1) the determination of whether a distribution to 
a corporate shareholder is a dividend is made without regard to 
this provision, (2) the amount treated as a capital gain 
dividend is increased to take into account that the amount 
distributed was reduced by reason of the indexing adjustment, 
and (3) such other adjustments as are necessary shall be made 
to ensure that the benefits of indexing are not allowed to 
corporate shareholders.
    In the case of shares held in a RIC or REIT, partial 
indexing generally is provided by the provision based on the 
ratio of the value of indexed assets held by the entity to the 
value of all its assets. The ratio of indexed assets to total 
assets is determined quarterly (for RICs, the quarterly ratio 
is based on a three-month average). If the ratio of indexed 
assets to total assets exceeds 80 percent in any quarter, full 
indexing of the shares is allowed for that quarter. If less 
than 20 percent of the assets are indexed assets in any 
quarter, no indexing is allowed for that quarter for the 
shares. Partnership interests held by a RIC or REIT are subject 
to a look-through test for purposes of determining whether, and 
to what degree, the shares in the RIC or REIT are indexed.
    A return of capital distribution by a RIC or REIT generally 
is treated by a shareholder as allocable to stock acquired by 
the shareholder in the order in which the stock was acquired.
            Partnership and S corporations, etc.
    Under the provision, stock in an S corporation or an 
interest in a partnership or common trust fund is not an 
indexed asset. \20\ This rule avoids the complexity that would 
result in determining the proper measure of the basis 
adjustment if indexing were to take into account the 
fluctuating basis of the S corporation stock or partnership 
interest attributable to earnings and distributions or to the 
frequently changing mix of assets (i.e., indexed assets and 
other assets) of the entity. Under the provision, the 
individual owner receives the benefit of the indexing 
adjustment when the S corporation, partnership, or common trust 
fund disposes of indexed assets. Under the provision, any 
inflation adjustments at the entity level flows through to the 
holders and result in a corresponding increase in the basis of 
the holder's interest in the entity. Where a partnership has a 
section 754 election in effect, a partner transferring his 
interest in the partnership is entitled to any indexing 
adjustment that has accrued at the partnership level with 
respect to the partner and the transferee partner is entitled 
to the benefits of indexing for inflation occurring after the 
transfer.
    \20\  An interest in a real estate mortgage investment conduit 
(``REMIC'') also is not an indexed asset, since a REMIC is not treated 
as a corporation for income tax purposes.
---------------------------------------------------------------------------
    The indexing adjustment is disregarded in determining any 
loss on the sale of an interest in a partnership, S corporation 
or common trust fund.
    Example 1.--A, B, and C form an equal partnership, and each 
contributes $50 cash. The partnership purchases common stock in 
corporation X for $150. At a time when the indexed basis to the 
partnership for the stock is $240, the partnership sells the 
stock for $300. Under the bill, the partnership recognizes $60 
gain. Each partner takes into account $20 gain and increases 
his basis in his partnership interest by the $20 gain (under 
present law sec. 705). In addition, under the bill each partner 
increases his basis for purposes of determining gain on his 
partnership interest by $30 (his share of the $90 indexing 
adjustment made by the partnership). Thus, if any partner sells 
his partnership interest for $100, no gain or loss is 
recognized to the partner.
    Example 2.--Same facts as in Example 1, except that the 
partnership does not sell the stock. Rather, partner A sells 
his partnership interest to D for $100. The partnership does 
not have an election under section 754 in effect. Partner A 
recognizes $50 of gain. Partner D's basis in the partnership is 
the $100 purchase price. Assume that after the sale by A, the 
partnership sells the stock for $300 (at a time when the 
indexed basis is $240). The partnership recognizes $60 of gain 
and each partner takes into account $20 gain and makes the same 
adjustments as in the above example. If partner D then sold his 
partnership interest for $100, he will recognize a loss of $20 
($100 amount realized less adjusted basis for purposes of 
determining loss of $120; the $30 inflation adjustment would be 
disregarded in computing D's adjusted basis in his partnership 
interest. )
    Example 3.--Same facts as in Example 2, except that the 
partnership has an election under section 754 in effect. When A 
sells his partnership interest to D, A recognizes $20 of gain, 
because under the bill, A's share of the partnership indexing 
adjustment is available to A at that time. Upon the sale of the 
stock by the partnership, D recognizes no gain or loss since 
the adjustment under section 743(b) had been made with respect 
to his share of the partnership properties. No adjustment is 
made by D to the basis in his partnership interest as a result 
of the sale by the partnership.
            Foreign corporations
    Common stock of a foreign corporation generally is an 
indexed asset if the stock is regularly traded on an 
established securities market. The Committee intends that the 
terms ``regularly traded'' and ``established securities 
market'' have the same meaning under the bill as they have in 
Treas. Reg. 1. 884-5(d). Indexed assets, however, do not 
include stock in a foreign investment company, a passive 
foreign investment company (including a qualified electing 
fund), a foreign personal holding company, or, in the hands of 
a shareholder who meets the requirements of section 1248(a)(2) 
(generally pertaining to 10-percent shareholders of controlled 
foreign corporations), any other foreign corporation. An 
American Depository Receipt (ADR) for common stock in a foreign 
corporation is treated as common stock in the foreign 
corporation and, therefore, the basis in an ADR for common 
stock generally is indexed.

Other rules

            Improvements and contributions to capital
    No indexing is provided for improvements or contributions 
to capital if the aggregate amount of the improvements or 
contributions to capital during the taxable year with respect 
to the property or stock is less than $1,000. If the aggregate 
amount of such improvements or contributions to capital is 
$1,000 or more, each addition is treated as a separate asset 
acquired at the close of the taxable year.
            Suspension of holding period
    No indexing adjustment is allowed during any period during 
which there is a substantial diminution of the taxpayer's risk 
of loss from holding the indexed asset by reason of any 
transaction entered into by the taxpayer, or a related party.
            Short sales
    In the case of a short sale of an indexed asset with a 
short sale period in excess of three years, the provision 
requires that the amount realized be indexed for inflation for 
the short sale period.
            Related parties
    The bill does not index the basis of property for sales or 
dispositions between related persons, except to the extent the 
adjusted basis of property in the hands of the transferee is a 
substituted basis (e.g., gifts).
            Collapsible corporations
    Under the bill, indexing does not reduce the amount of 
ordinary gain that would be recognized in cases where a 
corporation is treated as a collapsible corporation (under sec. 
341) with respect to a distribution or sale of stock.

                             Effective Date

    The provision applies to property the holding period of 
which begins after December 31, 1994. The provisions also apply 
to a principal residence (within the meaning of section 1034) 
held by the taxpayer on January 1, 1995. For purposes of 
computing the inflation adjustment (including the holding 
period for purposes of the three-year holding period 
requirement), the residence will be treated as acquired on 
January 1, 1995.
    A taxpayer holding any indexed asset (other than a 
principal residence) on January 1, 1995, may elect to treat the 
indexed asset as having been sold on such date for an amount 
equal to its fair market value, and as having been reacquired 
for an amount equal to such value. If the election is made, the 
asset would be eligible for indexing under the provision. Any 
gain resulting from the election would be treated as received 
on the date of the deemed sale, and would not be treated as 
gain from the sale or exchange of property between related 
persons under Code section 1239. Any loss would not be allowed 
(and the disallowed loss would not be added to the basis of the 
indexed asset). For readily traded securities, fair market 
value is the closing market price on the business day following 
January 1, 1995. For this purpose, ``readily traded'' means 
readily tradable on an established securities market or 
otherwise.
    A taxpayer may make the above election with respect to some 
indexed assets and not with respect to others.

3. 25-percent corporate alternative tax for capital gains (sec. 311 of 
        the bill and sec. 1201 of the Code)

                              Present Law

    Under present law, the net capital gain of a corporation is 
taxed at the same rate as ordinary income, and subject to tax 
at graduated rates up to 35 percent. Prior to the Tax Reform 
Act of 1986, the net capital gain of a corporation was subject 
to a maximum effective tax rate of 28 percent (and the highest 
rate was 46 percent for ordinary income).

                           Reasons for Change

    The Committee believes it is important that tax policy be 
conducive to economic growth. Economic growth cannot occur 
without saving, investment, and the willingness of businesses 
to take risks and exploit new market opportunities. The greater 
the pool of savings, the greater the monies available for 
business investment in equipment and research. It is through 
such investment in equipment and new products and services that 
the United States economy can increase output and productivity. 
It is through increases in productivity that workers earn 
higher real wages. Hence, greater saving is necessary for all 
Americans to benefit through a higher standard of living.
    The Committee observes that net business saving has not 
increased significantly from its levels of a decade ago. The 
Committee believes that a lower rate of tax on capital gains 
will promote economic growth, create new jobs and encourage 
investment, saving, and risk-taking.

                        Explanation of Provision

    The provision provides an alternative tax of 25 percent on 
the net capital gain of a corporation if that rate is less than 
the corporation's regular tax rate.

                             Effective Date

    The provision generally applies to taxable years ending 
after December 31, 1994. For taxable years ending after 
December 31, 1994, and beginning before January 1, 1996, the 
25-percent rate applies to the lesser of (1) the net capital 
gain for the taxable year or (2) the net capital gain taking 
into account only gain or loss properly taken into account for 
the portion of the taxable year after December 31, 1994. This 
generally has the effect of applying the 25-percent alternative 
rate to gains from capital assets sold or exchanged on or after 
January 1, 1995, and subjecting gains from capital assets 
before that date to the regular 35-percent rate.
    In the case of gain taken into account by a corporation 
from a pass-through entity (i.e., a RIC, a REIT, an S 
corporation, a partnership, an estate or trust, or a common 
trust fund), the date taken into account by the entity is the 
appropriate date for applying the rule in the preceding 
paragraph. Thus, gain taken into account by a fiscal-year pass-
thru entity in 1994 which a corporate owner takes into account 
on its calendar-year 1995 income tax return is not eligible for 
the alternative tax on capital gains.

4. Capital loss deduction allowed with respect to the sale or exchange 
        of a principal residence (sec. 316 of the bill and sec. 165 of 
        the Code)

                              Present Law

    Taxpayers generally may claim as a deduction any loss 
sustained during the taxable year and not compensated by 
insurance or otherwise. In the case of an individual, however, 
the deduction is limited to (1) losses incurred in a trade or 
business, (2) losses incurred in any transaction entered into 
for profit though not connected with a trade or business, and 
(3) catastrophic losses of property that arise from fire, 
storm, shipwreck, or other casualty or from theft. Deductions 
for losses from the sale or exchange of capital assets are 
subject to the limitations described above. In addition, 
taxpayers other than corporations may deduct capital losses 
against up to $3,000 of ordinary income each year.
    A loss on the sale or exchange of a principal residence is 
treated as a nondeductible personal loss. Gain on the sale or 
exchange of a principal residence generally is includible in 
gross income and is subject to a maximum rate of 28 percent. If 
an individual purchases a new principal residence within two 
years of selling the old residence, gain from the sale of the 
old residence (if any) is recognized only to the extent that 
the taxpayer's adjusted sales price exceeds the taxpayer's cost 
of purchasing the new residence (sec. 1034). A taxpayer also 
may elect to exclude from gross income up to $125,000 of gain 
from the sale of a principal residence if the taxpayer (1) has 
attained age 55 before the sale and (2) has used the residence 
as a principal residence for three or more years of the five 
years preceding the sale of the residence (sec. 121). This 
election may be made only once.

                           Reasons for Change

    Generally, under present law if a taxpayer sells the 
taxpayer's principal residence for less than the taxpayer's 
adjusted basis in that asset the taxpayer is treated as having 
a nondeductible personal loss. In contrast, when a taxpayer 
sells an investment asset for less than the taxpayer's adjusted 
basis in that investment asset, the taxpayer may be eligible 
for capital loss treatment on the sale. That capital loss is 
available to offset the taxpayer's capital gains and $3000 of 
ordinary income annually. The Committee believes that it is 
inappropriate to allow the capital loss on the sale of the 
investment asset but not on the sale of the principal 
residence. Further, the Committee believes that the proper 
measurement of economic income under the Code requires a 
recognition of the large out-of-pocket loss that a taxpayer 
incurs when a taxpayer's principal residence is sold at a loss.

                        Explanation of Provision

    The bill provides that a loss from the sale or exchange of 
a principal residence is treated as a deductible capital loss 
rather than a nondeductible personal loss.

                             Effective Date

    The provision is effective for sales and exchanges after 
December 31, 1994, in taxable years ending after such date.

                      B. Cost Recovery Provisions

1. Neutral cost recovery (sec. 321 of the bill and secs. 56 and 168 of 
        the Code)

                              Present Law

    Under present law, a taxpayer is allowed depreciation 
deductions for the cost of property used in a trade or 
business. In general, depreciation for tangible property placed 
in service after 1986 is determined under the modified 
Accelerated Cost Recovery System (``MACRS'') enacted as part of 
the Tax Reform Act of 1986. MACRS includes a general 
depreciation system and an alternative depreciation system.
    Under the general MACRS rules, property is divided into 
nine classes based on recovery periods (3-year property, 5-year 
property, 7-year property, 10-year property, 15-year property, 
20-year property, 27. 5-year residential rental property, 39-
year nonresidential real property and 50-year railroad grading 
or tunnel bores) and is depreciated over such periods. The 200-
percent declining balance method of depreciation is used for 3-
year, 5-year, 7-year, and 10-year property; the 150-percent 
declining balance method is used for 15-year and 20-year 
property and property used in a farming business; and the 
straight-line method is used for other property (including real 
property).
    The alternative depreciation system applies to foreign use 
property, tax-exempt use property, tax-exempt bond financed 
property, certain imported property, and property to which the 
taxpayer so elects, and is used to compute corporate earnings 
and profits. In general, the value of MACRS deductions are 
reduced under the alternative depreciation system by 
calculating depreciation using the straight-line method over 
the property's class life.\21\ A property's class life 
generally corresponds to its Asset Depreciation Range (``ADR'') 
midpoint life and often is longer than the recovery period 
available under the general MACRS. (The class lives and 
recovery periods of some assets are set by statute, regardless 
of the asset's ADR midpoint life.) The class lives of the 
alternative depreciation system are used for purposes of the 
corporate and individual alternative minimum taxes. The 
alternative minimum tax generally applies the 150-percent 
declining balance method to tangible personal property placed 
in service after 1993.
    \21\ Annual depreciation deductions for passenger automobiles also 
are limited under section 280F.
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                           Reasons for Change

    The ability of a business to recover its capital costs when 
determining its income subject to tax is critical in the 
decision to invest. In looking at the future investment needs 
of the United States, the Committee finds the present-law MACRS 
inadequate in two respects. First, the real value of the 
capital cost recovery available to business under MACRS depends 
upon the rate of inflation. Uncertainty about the real value of 
capital cost recovery discourages investment. The Committee 
believes that capital cost recovery provisions should be 
inflation proof. Second, the present value of the costs 
permitted to be recovered under present law is less than the 
cost of the investment. The Committee believes that, in order 
to provide the investment incentives necessary for growth in 
GDP and wages, the Internal Revenue Code should provide for the 
recovery of the real present value of capital outlays. The 
Committee believes that increasing the deductions currently 
allowable under MACRS by the rate of inflation and, for 
shorter-lived property, an assumed real interest rate factor of 
3. 5 percent helps rectify both inadequacies of present law.
                        Explanation of Provision

    For MACRS property placed in service after December 31, 
1994, the bill allows a taxpayer to elect, on a property-by-
property basis, to determine depreciation deductions under 
present law or under a new neutral cost recovery system 
(``NCRS''). The following describes the treatment of property 
under NCRS.
    First, NCRS generally follows MACRS but would replace the 
200-percent declining balance method of MACRS applicable to 
shorter-lived property with the 150-percent declining balance 
method.\22\
    \22\ Thus, except as specifically provided, the elections that are 
generally available under MACRS are available under NCRS. For example, 
it is expected that a taxpayer will be allowed to elect to maintain 
general asset accounts with respect to NCRS property (sec. 168(i)(4)). 
However, some MACRS elections are not compatible with NCRS. For 
example, a taxpayer may not apply the 3.5-percent factor described 
below to shorter-lived property for which the taxpayer elects to apply 
the straight-line methods of depreciation under section 168(e)(5).
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    Second, depreciation for any taxable year after the year in 
which the property is placed in service would be determined by 
multiplying the deduction allowable for the property for the 
taxable year (determined without regard to this provision) by 
the ``applicable neutral cost recovery ratio'' for the year.
    In the case of property that would otherwise qualify for 
the 200-percent declining balance method (but for the election 
to use NCRS), the applicable neutral cost recovery ratio for 
the taxable year is first determined by dividing (1) the gross 
domestic product deflator for the taxable year by (2) the gross 
domestic product deflator for the year the property was placed 
in service by the taxpayer. This ratio is then multiplied by 
the number equal to 1.035 raised to the nth power, where ``n'' 
is the number of full years since the property was placed in 
service by the taxpayer. In the case of other MACRS property 
(e.g., longer-lived property and property to which the 
alternative depreciation system applies), the applicable 
neutral cost recovery ratio for the taxable year is determined 
by dividing (1) the gross domestic product deflator for the 
taxable year by (2) the gross domestic product deflator for the 
year the property was placed in service by the taxpayer.
    The gross domestic product deflator for any taxable year is 
the appropriate price deflator released by the Department of 
Commerce for the gross domestic product for the calendar 
quarter that includes the mid-point of the taxpayer's taxable 
year. The mid-point of a full taxable year generally is the 
183rd day of such year.\23\ Thus, for example, the gross 
domestic product deflator for a taxpayer with a fiscal year 
ending November 30 is the appropriate price deflator published 
for the calendar quarter ending June 30. The appropriate price 
deflator for any calendar quarter is the last deflator for such 
quarter released by the Department of Commerce before the end 
of the next calendar quarter.
    \23\ It is expected that the Secretary of the Treasury will provide 
such rules as are necessary to determine the appropriate price deflator 
for any taxable year that is a short year.
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    For any property, the applicable neutral cost recovery 
ratio may not be less than one and is rounded to the nearest 
one-thousandth.
    The depreciation allowances provided under NCRS for regular 
tax purposes also are applied for alternative minimum tax 
purposes. In addition, the component of the adjusted current 
earnings adjustment relating to earnings and profits (sec. 
56(g)(4)(C)) does not apply to the additional deductions 
allowed under NCRS for purposes of the corporate alternative 
minimum tax.
    The application of the applicable neutral cost recovery 
ratio generally is not taken into account for purposes of (1) 
determining the adjusted basis of depreciable property,\24\ any 
interest in a pass-thru entity (as defined in sec. 1202(e)(2) 
as added by the bill to mean a regulated investment company, a 
real estate investment trust, an S corporation, a partnership, 
an estate or trust, or a common trust fund), or the stock of a 
consolidated subsidiary; (2) determining earnings and profits; 
or (3) the recapture provisions of sections 1245 and 1250. The 
additional deductions determined under NCRS are subject to the 
built-in loss rules of section 382 generally in the same manner 
as depreciation deductions are subject to such rules under 
present law. Finally, the additional deductions determined 
under NCRS are not subject to the at-risk rules to the extent 
the taxpayer's underlying MACRS depreciation deductions are not 
deemed to be subject to the at-risk rules.
    \24\ The additional deductions allowed by the provision will 
increase the ``unrecovered basis'' of a passenger automobile to the 
extent such deductions are not allowed by reason of section 280F.
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    NCRS does not apply to any property for which the taxpayer 
so elects \25\ or to property placed in service pursuant to 
certain churning transactions.
    \25\ Any election, once made, is irrevocable.
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                             Effective Date

    The provision is effective for qualifying property placed 
in service after December 31, 1994.
2. Treatment of leasehold improvements (sec. 322 of the bill and sec. 
        168 of the Code)

                              Present Law

Depreciation of leasehold improvements

    Improvements made on leased property are depreciated under 
the modified Accelerated Cost Recovery System (``MACRS''), even 
if the MACRS recovery period assigned to the property is longer 
than the term of the lease (sec. 168(i)(8)).\26\ This rule 
applies regardless of whether the lessor or lessee places the 
leasehold improvements in service.\27\ If a leasehold 
improvement constitutes an addition or improvement to 
nonresidential real property already placed in service, the 
improvement is depreciated using the straight-line method over 
a 39-year recovery period, beginning in the month the addition 
or improvement was placed in service (secs. 168(b)(3), (c)(1), 
(d)(2), and (i)(6)).\28\
    \26\ Prior to the adoption of the Accelerated Cost Recovery System 
(``ACRS'') by the Economic Recovery Tax Act of 1981, taxpayers were 
allowed to depreciate the various components of a building as separate 
assets with separate useful lives. The use of component depreciation 
was repealed upon the adoption of ACRS. The denial of component 
depreciation also applies under MACRS, as provided by the Tax Reform 
Act of 1986.
    \27\ Former Code sections 168(f)(6) and 178 provided that in 
certain circumstances, a lessee could recover the cost of leasehold 
improvements made over the remaining term of the lease. These 
provisions were repealed by the Tax Reform Act of 1986.
    \28\ If the improvement is characterized as tangible personal 
property, MACRS depreciation is calculated using the shorter recovery 
periods and accelerated methods applicable to such property. The 
determination of whether certain improvements are characterized as 
tangible personal property or as nonresidential real property often 
depends on whether or not the improvements constitute a ``structural 
component'' of a building (as defined by Treas. Reg. sec. 1.48-
1(e)(1)). See, for example, Metro National Corp., 52 TCM 1440 (1987); 
King Radio Corp., 486 F.2d 1091 (10th Cir., 1973); Mallinckrodt, Inc., 
778 F.2d 402 (8th Cir., 1985) (with respect to various leasehold 
improvements).
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Treatment of dispositions of leasehold improvements

    A taxpayer generally recovers the adjusted basis of 
property for purposes of determining gain or loss upon the 
disposition of the property. Upon the termination of a lease, 
the adjusted basis of leasehold improvements that were made, 
but are not retained, by a lessee are taken into account to 
compute gain or loss by the lessee.\29\ The proper treatment of 
the adjusted basis of improvements made by a lessor upon 
termination of a lease is less clear. Proposed Treasury 
regulation section 1.168-2(e)(1) provides that the unadjusted 
basis of a building's structural components must be recovered 
as whole. In addition, proposed Treasury regulation sections 
1.168-2(l)(1) and 1.168-6(b) provide that ``disposition'' does 
not include the retirement of a structural component of real 
property if there is no disposition of the underlying 
building.\30\ Thus, it appears that it is the position of the 
Internal Revenue Service that leasehold improvements made by a 
lessor that constitute structural components of a building must 
continue to be depreciated in the same manner as the underlying 
real property, even if such improvements are retired at the end 
of the lease term.\31\ Some lessors, on the other hand, may be 
taking the position that a leasehold improvement is a property 
separate and distinct from the underlying building and that an 
abandonment loss under section 165 is allowable at the end of 
the lease term for the adjusted basis of the abandoned 
property. In addition, lessors may argue that even if a 
leasehold improvement constitutes a structural component of a 
building, proposed Treasury regulation section 1.168-2(l)(1) 
(that seemingly denies the deduction at the end of the lease 
term) applies only to retirements, but not abandonments or 
demolitions, of such property.\32\ Thus, it appears that some 
lessors take the position that, at least in certain 
circumstances, the adjusted bases of leasehold improvements may 
be recovered at the end of the term of the lease to which the 
improvements relate even if there is no disposition of the 
underlying building.
    \29\ See, Report of the House Committee on Ways and Means on H.R. 
3838 (H. Rept. 99-426), p. 158, and Senate Committee on Finance Report 
on H.R. 3838 (S. Rept. 99-313), p. 105 (Tax Reform Act of 1986, 99th 
Cong.).
    \30\ For example, if a taxpayer places a new roof on building 
subject to ACRS, the taxpayer must continue to depreciate the allocable 
cost of the old roof as part of the cost of the underlying building. 
(Prop. Treas. reg. sec. 1.168-6(b)(1)) See, also, Joint Committee on 
Taxation, General Explanation of the Economic Recovery Tax Act of 1981 
(97th Cong.), p. 86.
    \31\ See, IRS General Information Letter, dated Sept. 17, 1992.
    \32\ Compare the second and fourth sentences of proposed Treasury 
regulation section 1.168-2(l)(1).
                           Reasons for Change

    The Committee believes that costs that relate to the 
leasing of property should not be recovered beyond the term of 
the lease to the extent the costs do not provide a future 
benefit beyond such term. The Committee also believes that the 
proper present-law treatment of leasehold improvements disposed 
of at the end of the term of a lease is unclear. Thus, the 
Committee would provide that the unrecovered costs of leasehold 
improvements that were placed in service by a lessor with 
respect to a lease and that are irrevocably disposed of at the 
end of the lease term should be taken into account at that 
time.

                        Explanation of Provision

    Under the bill, a lessor of leased property that disposes 
of a leasehold improvement which was made by the lessor for the 
lessee of the property may take the adjusted basis of the 
improvement into account for purposes of determining gain or 
loss if the improvement is irrevocably disposed of or abandoned 
by the lessor at the termination of the lease. The bill thus 
conforms the treatment of lessors and lessees with respect to 
leasehold improvements disposed of at the end of a term of 
lease.
    For purposes of applying the provision, it is expected that 
a lessor must be able to separately account for the adjusted 
basis of the leasehold improvement that is irrevocably disposed 
of or abandoned.

                             Effective Date

    The provision is effective for leasehold improvements 
disposed of after March 13, 1995. No inference is intended as 
to the proper treatment of such dispositions before March 14, 
1995, or to the dispositions of other property.

 C. Alternative Minimum Tax (sec. 331 of the bill and secs. 55 through 
                            59 of the Code)

                              Present Law

In general

    Present law imposes a minimum tax (known as the alternative 
minimum tax (``AMT'')) on an individual or a corporation to the 
extent the taxpayer's minimum tax liability exceeds its regular 
tax liability. The individual minimum tax is imposed at rates 
of 26 and 28 percent on alternative minimum taxable income in 
excess of a phased-out exemption amount; the corporate minimum 
tax is imposed at a rate of 20 percent on alternative minimum 
taxable income in excess of a phased-out $40,000 exemption 
amount.\33\ Alternative minimum taxable income (``AMTI'') is 
the taxpayer's taxable income increased by certain preference 
items and adjusted by determining the tax treatment of certain 
items in a manner that negates the deferral of income resulting 
from the regular tax treatment of those items. In the case of a 
corporation, in addition to the regular set of adjustments and 
preferences, there is a second set of adjustments known as the 
``adjusted current earnings'' adjustment.
    \33\ In addition, in the case of a corporation, section 59A imposes 
an environmental tax at a rate of 0.12 percent on modified AMTI in 
excess of a $2,000,000 exemption amount. Environmental tax collections 
are dedicated to the Hazardous Substance Superfund. This tax is 
scheduled to expire for taxable years beginning after December 31, 
1995.
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Preference items in computing AMTI

    The minimum tax preference items are:
    (1) The excess of the deduction for percentage depletion 
over the adjusted basis of the property at the end of the 
taxable year. For taxable years beginning after 1992, this 
preference does not apply to percentage depletion allowed with 
respect to oil and gas properties.
    (2) The amount by which excess intangible drilling costs 
arising in the taxable year exceed 65 percent of the net income 
from oil, gas, and geothermal properties. For taxable years 
beginning after 1992, this preference does not apply to 
independent producers to the extent the producer's AMTI is 
reduced by 40 percent or less by ignoring the preference.
    (3) The amount that a financial institution's bad debt 
deduction determined under section 593 exceeds the amount that 
would have determined based on the institution's actual 
experience.
    (4) Tax-exempt interest income on private activity bonds 
(other than qualified 501(c)(3) bonds) issued after August 7, 
1986.
    (5) Accelerated depreciation or amortization on certain 
property placed in service before January 1, 1987.
    (6) One-half of the amount excluded from income under 
section 1202 (relating to gains on the sale of certain small 
business stock).
    In addition, losses from any tax shelter farm or passive 
activities are denied.\34\
    \34\ Given the full applicability of section 469 (relating to the 
deductibility of losses from passive activities) following a phase-in 
period after the passage of the Tax Reform Act of 1986, these 
provisions are largely deadwood.
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Adjustments in computing AMTI

    The adjustments that all taxpayers must make are:
    (1) Depreciation on property placed in service after 1986 
must be computed by using the generally longer class lives 
prescribed by the alternative depreciation system of section 
168(g) and either (a) the straight-line method in the case of 
property subject to the straight-line method under the regular 
tax or (b) the 150-percent declining balance method in the case 
of other property.
    (2) Mining exploration and development costs must be 
capitalized and amortized over a 10-year period.
    (3) Taxable income from a long-term contract (other than a 
home construction contract) must be computed using the 
percentage of completion method of accounting.
    (4) The amortization deduction allowed for pollution 
control facilities (generally determined using 60-month 
amortization for a portion of the cost of the facility under 
the regular tax) must be calculated under the alternative 
depreciation system.
    (5) Dealers in property (other than certain dealers of 
timeshares and residential lots) may not use the installment 
method of accounting.
    The adjustments applicable to individuals are:
          (1) Miscellaneous itemized deductions (generally 
        those that are allowable against the regular tax if 
        they are in excess of two percent of the taxpayer's 
        adjusted gross income);
          (2) State, local, and foreign real property taxes; 
        state and local personal property taxes; and state, 
        local, and foreign income, war profits, and excess 
        profits taxes;
          (3) Medical expenses except to the extent in excess 
        of ten percent of the taxpayer's adjusted gross income;
          (4) Standard deductions and personal exemptions;
          (5) The amount allowable as a deduction for 
        circulation expenditures must be capitalized and 
        amortized over a three-year period;
          (6) The amount allowable as a deduction for research 
        and experimental expenditures must be capitalized and 
        amortized over a 10-year period; \35\ and
    \35\  No adjustment is required if the taxpayer materially 
participates in the activity that relates to the research and 
experimental expenditures.
          (7) The special rules relating to incentive stock 
        options.
    The adjustments applicable to corporations are:
          (1) The special rules applicable to Merchant Marine 
        capital construction funds;
          (2) The special deduction allowable under section 
        833(b) (relating to Blue Cross and Blue Shield 
        organizations); and
          (3) The adjusted current earnings adjustment, 
        described below.

Adjusted current earnings (ACE) adjustment

    The adjusted current earnings adjustment is the amount 
equal to 75 percent of the amount by which the adjusted current 
earnings (``ACE'') of a corporation exceeds its AMTI 
(determined without the ACE adjustment and the alternative tax 
net operating loss deduction).\36\ In determining ACE, the 
following rules apply:
    \36\ If ACE is less than AMTI, the ACE adjustment may reduce AMTI 
to the extent of prior-year ACE inclusions.
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    (1) For property placed in service before 1994, 
depreciation generally is determined using the straight-line 
method and the class life determined under the alternative 
depreciation system.\37\
    \37\ Pursuant to a provision in the Omnibus Budget Reconciliation 
Act of 1993, ACE depreciation adjustments are not required for property 
placed in service after 1993.
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    (2) Any amount that is excluded from gross income under the 
regular tax but is included for purposes of determining 
earnings and profits is included in determining ACE.\38\
    \38\ Exceptions and special rules are provided for related expenses 
that are not deductible for regular tax purposes but reduce earnings 
and profits, the dividends received deduction relating to certain 
dividends, taxes on dividends from 936 companies, and certain dividends 
received by certain cooperatives.
---------------------------------------------------------------------------
    (3) The inside build-up of a life insurance contract is 
includible in ACE (and the related premiums are deductible).
    (4) Intangible drilling costs (other than those incurred by 
an independent producer after 1992) must be capitalized and 
amortized over a 60-month period.
    (5) The regular tax rules of sections 173 (allowing 
circulation expenditures to be expensed) and 248 (allowing 
organizational expenditures to be amortized) do not apply.
    (6) Inventory must be calculated using the FIFO, rather 
than LIFO, method.
    (7) The installment sales method generally may not be used.
    (8) No loss may be recognized on the exchange of any pool 
of debt obligations for another pool of debt obligations having 
substantially the same effective interest rates and maturities.
    (9) Depletion (other than depletion claimed by an 
independent producer after 1992) must be calculated using the 
cost, rather than the percentage, method; and
    (10) In certain cases, the assets of a corporation that has 
undergone an ownership change must be stepped-down to their 
fair market values.
Other rules

    The combination of the taxpayer's net operating loss 
carryover and foreign tax credits cannot reduce the taxpayer's 
AMT by more than 90 percent of the amount determined without 
these items.
    The various credits allowed under the regular tax generally 
are not allowed against the AMT.
    If a taxpayer is subject to AMT in any year, such amount of 
tax is allowed as a credit in any subsequent taxable year to 
the extent the taxpayer's regular tax liability exceeds its 
tentative minimum tax in such subsequent year. If the taxpayer 
is an individual, this credit is allowed to the extent the 
taxpayer's AMT liability is a result of adjustments that are 
timing in nature.

                           Reasons for Change

    The Committee believes that the AMT inhibits capital 
formation and business enterprise. Therefore, the bill repeals 
the business-related adjustments and preferences contained in 
the present-law AMT with respect to new investment and 
prospective transactions. In addition, the Committee believes 
that the AMT is administratively complex. Therefore, the bill 
completely repeals the corporate AMT after an initial phase-in 
period so that corporate taxpayers would not be required to 
maintain AMT records for the few remaining adjustments relating 
to pre-effective date investments.

                        Explanation of Provision

Repeal of the corporate alternative minimum tax

    The bill repeals the corporate AMT for taxable years 
beginning after December 31, 2000. In addition, as described 
below, the bill makes certain changes to the individual AMT, 
and to the corporate AMT for taxable years beginning before 
January 1, 2001.\39\ The individual AMT, as amended by the 
bill, will remain in existence.
    \39\ These changes made to the corporate AMT will also apply for 
purposes of section 59A.
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Preference items in computing AMTI

    The bill makes the following changes to the minimum tax 
preference items:
    (1) The preference relating to depletion is repealed for 
depletion claimed in taxable years beginning after December 31, 
1995.
    (2) The preference relating to excess intangible drilling 
costs is repealed for costs incurred in taxable years beginning 
after December 31, 1995.
    (3) The preference relating to bad debt losses of financial 
institutions is repealed for taxable years beginning after 
December 31, 1995.
    (4) In the case of a corporation (other than an S 
corporation, regulated investment company, real estate 
investment trust, or REMIC), the preference relating to tax-
exempt interest on private activity bonds is repealed for 
interest accruing after December 31, 1995.
    In addition, Code section 58 (relating to tax shelter farm 
activity and passive losses) is repealed for taxable years 
beginning after December 31, 1995. An individual that has a 
loss from a tax shelter farm activity arising in a taxable year 
beginning after December 31, 1995, (or arising in prior year 
and being carried forward), may use such loss in computing the 
individual's AMTI for a taxable year beginning after December 
31, 1995 (to the extent such loss is otherwise allowable after 
taking into account such limitations as the passive activity 
and at-risk rules). The bill moves the passive activity rules 
of present-law section 58 to section 59(h).
Adjustments in computing AMTI

    The bill makes the following changes to the adjustments 
used in computing AMTI:
    (1) The adjustment relating to depreciation is repealed for 
property placed in service after March 13, 1995. Under another 
provision of the bill, property to which the proposed neutral 
cost recovery system applies is not subject to the AMT 
depreciation adjustment. The neutral cost recovery system 
generally applies to qualified property placed in service after 
December 31, 1994, unless the taxpayer irrevocably elects, on a 
property-by-property basis, to not have the system apply.
    (2) The adjustment relating to mining exploration and 
development costs is repealed for costs paid or incurred after 
December 31, 1995.
    (3) The adjustment relating to long-term contracts is 
repealed for contracts entered into after December 31, 1995.
    (4) The adjustment relating to pollution control facilities 
is repealed for property placed in service after December 31, 
1995.
    (5) The adjustment relating to installment sales is 
repealed for dispositions after December 31, 1995.
    (6) The adjustments relating to circulation and research 
and experimental expenditures of individuals is repealed for 
costs paid or incurred after December 31, 1995.
    (7) The adjustment relating to Merchant Marine capital 
construction funds of corporations is repealed for deposits 
made to a fund after December 31, 1995, and to earnings 
received or accrued after December 31, 1995, on amounts in such 
funds. Withdrawals of deposits and earnings from a fund after 
December 31, 1995, will be treated as allocable: (a) first to 
deposits (and earnings received or accrued) before January 1, 
1987; (b) then, to deposits (and earnings received or accrued) 
after December 31, 1986, and before January 1, 1996; and (c) 
then, to deposits (and earnings received or accrued) after 
December 31, 1995.
    (8) The denial of the special deduction allowed under 
section 833(b) is repealed for taxable years beginning after 
December 31, 1995.

Adjusted current earnings (ACE) adjustment

    The bill makes the following changes to the ACE adjustment 
of the corporate AMT:
    (1) The ACE rules relating to the inclusion (or deduction) 
of items included (or excluded) from the calculation of 
earnings and profits are repealed for taxable years beginning 
after December 31, 1995.
    (2) The ACE adjustment relating to intangible drilling 
costs is repealed for amounts paid or incurred after December 
31, 1995.
    (3) The ACE adjustments relating to section 173 and section 
248 costs are repealed for amounts paid or incurred after 
December 31, 1995.
    (4) The ACE adjustment relating to LIFO inventory is 
repealed for LIFO adjustments arising in taxable years 
beginning after December 31, 1995.
    (5) The ACE adjustment relating to installment sales is 
repealed for sales after December 31, 1995.
    (6) The ACE adjustment relating to the exchange of debt 
pools is repealed for exchanges after December 31, 1995.
    (7) The ACE adjustment relating to built-in losses with 
respect to certain changes of ownership is repealed for 
ownership changes after December 31, 1995.
    (8) The ACE adjustment relating to depletion is repealed 
for depletion allowed in taxable years beginning after December 
31, 1995.

Use of credits

    The special rules relating to the use of net operating 
losses and foreign tax credits are repealed for net operating 
losses and foreign tax credits used in taxable years beginning 
after December 31, 1995. Carrybacks of losses and credits to 
taxable years beginning before January 1, 1996, continue to be 
subject to the 90-percent limitations.
    The bill does not change the rules regarding the 
availability of other credits against the AMT.
    For taxable years beginning after December 31, 1995, a 
taxpayer with alternative minimum tax credit carryovers is 
allowed to use these credits to offset 90 percent of its 
regular tax liability (determined after the application of 
other credits as under present law). As under present law, in 
no event may alternative minimum tax credit carryovers be used 
to reduce the taxpayer's tax liability below its tentative 
minimum tax, if any.

                             Effective Date

    Except as provided above, the provision is effective for 
taxable years beginning after December 31, 1995.

D. Public Debt Reduction Checkoff and Trust Fund (secs. 341 and 342 of 
           the bill and new secs. 6097 and 9512 of the Code)

                              Present Law

    The Presidential Election Campaign Fund (``Campaign Fund'') 
provides for public financing of a portion of qualified 
Presidential election campaign expenditures and certain 
convention costs (sec. 9001 et seq.) The Campaign Fund is 
financed through the voluntary designation by individual 
taxpayers on their Federal income tax returns of $3 of tax 
liability, which is commonly known as the Presidential election 
campaign checkoff (sec. 6096). This checkoff can be made only 
by individuals (not corporations) and does not affect the 
individual's tax liability.\40\ The Treasury Department 
accumulates revenues in the Campaign Fund over a four-year 
period and then disburses funds to eligible candidates for 
President, Vice President, and conventions during the 
Presidential election year.\41\
    \40\ Prior to enactment of the Revenue Reconciliation Act of 1993, 
individuals could designate $1 of their Federal income tax liability to 
the Campaign Fund. For calendar year 1992, 20.5 million returns, or 18 
percent of the total number of individual income tax returns, 
designated a total of $29.6 million in contributions to the Campaign 
Fund. See Statement of Maurice B. Foley, Deputy Tax Legislative Counsel 
(Tax Legislation), Department of the Treasury, before the Ways and 
Means Subcommittee on Select Revenue Measures, U. S. House of 
Representatives, November 16, 1993.
    \41\ A number of States provide checkoffs on their income tax forms 
to permit taxpayers to fund State electoral campaigns, private 
charitable organizations, and State governmental programs. Some of the 
State programs require taxpayers to pay additional amounts to exercise 
the checkoff option, generally by accepting a smaller refund.
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    Individuals who itemize deductions (as well as 
corporations) are allowed a deduction, subject to certain 
limitations, for contributions made to qualified charitable 
organizations or to Federal, State, and local governments. 
Instructions to IRS income tax forms inform taxpayers that they 
may make a gift to the Federal Government to reduce the public 
debt by enclosing with their return a separate check made 
payable to the ``Bureau of Public Debt.'' In addition, various 
public laws provide that contributions to specific Federal 
entities or programs are regarded as gifts to the United 
States. Such contributions to the Bureau of Public Debt and to 
specific Federal entities or programs are deductible if the 
donor itemizes deductions for the year in which the 
contribution is made.

                           Reasons for Change

    The Committee believes that eliminating the Federal budget 
deficit and reducing the outstanding public debt is crucial to 
the nation's long-term economic growth. It is, therefore, 
appropriate to give taxpayers a more direct voice in the 
Federal budget process and to impose additional discipline on 
spending by the Federal government. The provision will allow 
taxpayers to earmark funds to reduce the current Federal 
deficit, which will reduce government borrowing and increase 
funds available for private investment, thereby contributing to 
long-term economic growth. If taxpayers elect to designate 
sufficient amounts under the provision to reduce the 
outstanding national debt, the interest expense of the Federal 
government would be reduced, permitting government funds 
otherwise needed to pay interest charges to be used for other 
public purposes. Reducing the outstanding national debt also 
will lessen the tax burden on future generations.
                        Explanation of Provision

    Individual taxpayers will be allowed to designate an amount 
up to 10 percent of their Federal income tax liability for a 
taxable year to be earmarked to reduce the Federal public debt. 
Such a designation may be made only at the time the taxpayer 
files his or her income tax return for a particular taxable 
year. An individual's decision whether or not to make a 
designation under the provision will not affect his or her tax 
liability. If an individual has no Federal income tax liability 
for a taxable year--i.e, the individual owes no Federal income 
tax after claiming allowable credits (other than the EITC) and 
any designation to the Presidential Election Campaign Fund--
then such individual will not be allowed to make a designation 
to reduce the Federal debt on his or her return for that year.
    Under the bill, amounts earmarked by taxpayers to reduce 
the public debt will be transferred into a Public Debt 
Reduction Trust Fund, which will be used only to retire or 
purchase Federal securities (other than obligations held by the 
Social Security Trust Fund, the Civil Service Retirement and 
Disability Fund, and the Department of Defense Military 
Retirement Fund). Related provisions (outside the jurisdiction 
of the Committee and, thus, not included in the bill) will 
require either specific spending cuts or an across-the-board 
sequestration in Federal spending (with certain exceptions) to 
match the amounts designated by taxpayers for debt reduction.

                             Effective Date

    The provision is effective for taxable years ending after 
the date of enactment, and will remain in effect until the 
entire outstanding Federal public debt is retired.
                      E. Small Business Incentives

1. Increase in unified estate and gift tax credit; indexing of certain 
        provisions (sec. 351 of the bill and secs. 2001(c), 2010, 
        2032A, 2102(c), 2503, 2505(a), 2631, 6018(a), and 6601(j) of 
        the Code)

                              Present Law

Application of the estate and gift tax

    A gift tax is imposed on lifetime transfers and an estate 
tax is imposed on transfers at death. Since 1976, the gift tax 
and the estate tax have been unified so that a single graduated 
rate schedule applies to cumulative taxable transfers made by a 
taxpayer during his or her lifetime and at death.\42\ Under 
this rate schedule, the unified estate and gift tax rates begin 
at 18 percent on the first $10,000 in cumulative taxable 
transfers and reach 55 percent on cumulative taxable transfers 
over $3 million (sec. 2001(c)).
    \42\  Prior to 1976, separate tax rate schedules applied to the 
gift tax and the estate tax.
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    The amount of gift tax payable for any calendar year 
generally is determined by multiplying the applicable tax rate 
(from the unified rate schedule) by the cumulative lifetime 
taxable transfers made by the taxpayer and then subtracting any 
gift taxes payable for prior taxable periods. This amount is 
reduced by any available unified credit (and other applicable 
credits) to determine the gift tax liability for the taxable 
period.
    The amount of estate tax payable generally is determined by 
multiplying the applicable tax rate (from the unified rate 
schedule) by the cumulative post-1976 taxable transfers made by 
the taxpayer during his lifetime or at death and then 
subtracting any gift taxes payable for prior calendar years 
(after 1976). This amount is reduced by any available unified 
credit (and other applicable credits) to determine the estate 
tax liability.

Unified credit

    A unified credit is available with respect to taxable 
transfers by gift and at death. Since 1987, the unified credit 
amount has been fixed at $192,800 (sec. 2010), which 
effectively exempts a total of $600,000 in cumulative taxable 
transfers from the estate and gift tax. The benefits of the 
unified credit (and the graduated estate and gift tax rates) 
are phased-out by a 5-percent surtax imposed upon cumulative 
taxable transfers over $10 million and not exceeding 
$21,040,000 (sec. 2001(c)(2)).\43\
    \43\  Thus, if a taxpayer has made cumulative taxable transfers 
exceeding $21,040,000, his or her average transfer tax rate will be 55 
percent under present law.
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    The unified credit originally was enacted in the Tax Reform 
Act of 1976. As enacted, the credit was phased in over five 
years to a level that effectively exempted $175,625 of taxable 
transfers from the estate and gift tax in 1981 (i.e., a unified 
credit of $47,000). The Economic Recovery Tax Act of 1981 
increased the amount of the unified credit each year between 
1982 and 1987, from an effective exemption of $225,000 in 1982 
to an effective exemption of $600,000 in 1987. The unified 
credit has not been increased since 1987.

Annual exclusion for gifts

    A taxpayer may exclude $10,000 of gifts made to any one 
donee during a calendar year (sec. 2503). This annual exclusion 
does not apply to gifts of future interests (e.g., reversions 
or remainders). Prior to 1982, the annual exclusion was $3,000.

Special use valuation

    Generally, for Federal transfer tax purposes, the value of 
property is its fair market value, i.e., the price at which the 
property would change hands between a willing buyer and a 
willing seller, neither being under any compulsion to buy or 
sell and both having reasonable knowledge of relevant facts. 
Under Code section 2032A, an executor may elect for estate tax 
purposes to value certain ``qualified real property'' used in 
farming or another qualifying closely-held trade or business at 
its current use value, rather than its highest and best use 
value. Currently, the maximum reduction in the value of such 
real property resulting from an election under Code section 
2032A is $750,000.

Generation-skipping transfer tax

    A generation-skipping transfer tax (``GST tax'') generally 
is imposed on transfers, either directly or through a trust or 
similar arrangement, to a ``skip person'' (i.e., a beneficiary 
in a generation more than one generation below that of the 
transferor). Transfers subject to the GST tax include direct 
skips, taxable terminations and taxable distributions.\44\
    \44\  For this purpose, a direct skip is any transfer subject to 
estate or gift tax of an interest in property to a skip person (e.g., a 
gift from grandparent to grandchild). A taxable termination is a 
termination (by death, lapse of time, release of power, or otherwise) 
of an interest in property held in trust unless, immediately after such 
termination, a non-skip person has an interest in the property, or 
unless at no time after the termination may a distribution (including a 
distribution upon termination) be made from the trust to a skip person. 
A taxable distribution is a distribution from a trust to a skip person 
(other than a taxable termination or a direct skip).
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    A person is allowed an exemption from the GST tax of up to 
$1,000,000 for generation-skipping transfers made during life 
or at death (sec. 2631).

Installment payment of estate tax

    Under Code section 6166, an executor generally may elect to 
pay the Federal estate tax attributable to an interest in a 
closely held business in installments over, at most, a 14-year 
period. To qualify for the election, the business must be an 
active trade or business and the value of the decedent's 
interest in the closely held business must exceed 35 percent of 
the decedent's adjusted gross estate.
    If an election is made, the estate pays only interest for 
the first four years, followed by up to ten annual installments 
of principal and interest. Interest is generally imposed at the 
rate applicable to underpayments of tax under Code section 6621 
(i.e., the Federal short term rate plus three percentage 
points). Under Code section 6601(j), however, a special 4-
percent interest rate applies to the amount of deferred estate 
tax attributable to the first $1,000,000 in value of the 
closely-held business. The maximum amount that may be subject 
to the 4-percent rate is the lower of (1) $345,800 (i.e., the 
amount of estate tax on the first $1,000,000), less the amount 
of allowable unified credit, or (2) the amount of estate tax 
attributable to the closely-held business that is being paid in 
installments pursuant to Code section 6166.
                           Reasons for Change

    The Committee believes that increasing the amount of the 
estate and gift tax unified credit will encourage saving, 
promote capital formation and entrepreneurial activity, and 
help to preserve existing family-owned farms and businesses. 
The Committee further believes that indexing the unified credit 
exemption equivalent amount (as well as other similar amounts) 
for inflation is appropriate to reduce the transfer tax 
consequences that result from increases in asset value 
attributable solely to inflation.

                       Explanation of Provisions

Increase in unified credit

    The bill increases the present-law unified credit of 
$192,800 to $248,300 over a three-year period beginning in 
1996. For decedents dying and gifts made in 1996, the unified 
credit is $229,800 (i.e., the amount that would effectively 
exempt $700,000 in taxable transfers from the estate and gift 
tax). For decedents dying and gifts made in 1997, the unified 
credit is $239,050 (i.e., the amount that would effectively 
exempt $725,000 in taxable transfers from the estate and gift 
tax). For decedents dying and gifts made after 1997, the 
unified credit is $248,300 (i.e., the amount that would 
effectively exempt $750,000 in taxable transfers from the 
estate and gift tax). After 1998, the unified credit is indexed 
for inflation each year by multiplying the applicable exclusion 
amount of $750,000 by a cost of living adjustment. The indexed 
exclusion amount is rounded to the nearest $10,000.
    To reflect the increase in the unified credit, the bill 
also makes conforming amendments to (1) the 5-percent surtax in 
order to permit the proper phase out of the increased unified 
credit, (2) the general filing requirements for estate and gift 
tax returns under Code section 6018(a), and (3) the amount of 
the unified credit allowed under Code section 2102(c)(3) with 
respect to nonresident aliens with U. S. situs property who are 
residents of certain treaty countries.

Indexing of certain other provisions

    In addition to increasing and indexing the unified credit, 
the bill indexes the following amounts for inflation beginning 
after 1998: (1) the $10,000 annual exclusion for gifts; (2) the 
$750,000 ceiling amount on special use valuation under Code 
section 2032A; (3) the $1,000,000 generation-skipping transfer 
tax exemption; and (4) the value of a closely-held business 
(i.e., $1,000,000) eligible for the special four-percent 
interest rate under Code section 6601(j). Indexing of the 
annual exclusion is rounded to the nearest $1,000 and indexing 
of the other amounts is rounded to the nearest $10,000.
                             Effective Date

    The provisions apply to the estates of decedents dying, and 
gifts made, after December 31, 1995.

2. Increase in expensing for small businesses (sec. 352 of the bill and 
        sec. 179 of the Code)

                              Present Law

    In lieu of depreciation, a taxpayer with a sufficiently 
small amount of annual investment may elect to deduct up to 
$17,500 of the cost of qualifying property placed in service 
for the taxable year (sec. 179).\45\ In general, qualifying 
property is defined as depreciable tangible personal property 
that is purchased for use in the active conduct of a trade or 
business. The $17,500 amount is reduced (but not below zero) by 
the amount by which the cost of qualifying property placed in 
service during the taxable year exceeds $200,000. In addition, 
the amount eligible to be expensed for a taxable year may not 
exceed the taxable income of the taxpayer for the year that is 
derived from the active conduct of a trade or business 
(determined without regard to this provision). Any amount that 
is not allowed as a deduction because of the taxable income 
limitation may be carried forward to succeeding taxable years 
(subject to similar limitations).
    \45\ The amount permitted to be expensed under Code section 179 is 
increased by up to an additional $20,000 for certain property placed in 
service by a business located in an empowerment zone (sec. 1397A).
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                           Reasons for Change

    The Committee believes that section 179 expensing provides 
two important benefits for small businesses. First, it lowers 
the cost of capital for tangible property used in a trade or 
business. Second, it eliminates depreciation recordkeeping 
requirements with respect to expensed property. In order to 
increase the value of these benefits, the Committee would, 
after a phase-in period, double the amount allowed to be 
expensed under section 179.

                        Explanation of Provision

    The bill increases the $17,500 amount allowed to be 
expensed under Code section 179 to $35,000. The increase is 
phased in as follows:
        Taxable year beginning in--                    Maximum expensing
1996....................................................         $22,500
1997....................................................          27,500
1998....................................................          32,500
1999 and thereafter.....................................          35,000
                             Effective Date

    The provision is effective for property placed in service 
in taxable years beginning after December 31, 1995, subject to 
the phase-in schedule set forth above.
3. Clarification of definition of principal place of business; 
        Treatment of storage of product samples (secs. 353 and 354 of 
        the bill and sec. 280A of the Code)

                              Present Law

    A taxpayer's business use of his or her home may give rise 
to a deduction for the business portion of expenses related to 
operating the home (e.g., a portion of rent or depreciation and 
repairs). Code section 280A(c)(1) provides, however, that 
business deductions generally are allowed only with respect to 
a portion of a home that is used exclusively and regularly in 
one of the following ways: (1) as the principal place of 
business for a trade or business; (2) as a place of business 
used to meet with patients, clients, or customers in the normal 
course of the taxpayer's trade or business; or (3) in 
connection with the taxpayer's trade or business, if the 
portion so used constitutes a separate structure not attached 
to the dwelling unit. In the case of an employee, the Code 
further requires that the business use of the home must be for 
the convenience of the employer (sec. 280A(c)(1)).\46\ These 
rules apply to houses, apartments, condominiums, mobile homes, 
boats, and other similar property used as the taxpayer's home 
(sec. 280A(f)(1)). Under Internal Revenue Service (IRS) 
rulings, the deductibility of expenses incurred for local 
transportation between a taxpayer's home and a work location 
sometimes depends on whether the taxpayer's home office 
qualifies under section 280A(c)(1) as a principal place of 
business (see Rev. Rul. 94-47, 1994-29 I.R.B. 6).
    \46\ If an employer provides access to suitable space on the 
employer's premises for the conduct by an employee of particular 
duties, then, if the employee opts to conduct such duties at home as a 
matter of personal preference, the employee's use of the home office is 
not ``for the convenience of the employer.'' See, e.g., W. Michael 
Mathes, (1990) T.C. Memo 1990-483.
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    Prior to 1976, expenses attributable to the business use of 
a residence were deductible whenever they were ``appropriate 
and helpful'' to the taxpayer's business. In 1976, Congress 
adopted section 280A, in order to provide a narrower scope for 
the home office deduction, but did not define the term 
``principal place of business.'' In Commissioner v. Soliman, 
113 S. Ct. 701 (1993), the Supreme Court reversed lower court 
rulings and upheld an IRS interpretation of section 280A that 
disallowed a home office deduction for a self-employed 
anesthesiologist who practiced at several hospitals but was not 
provided office space at the hospitals. Although the 
anesthesiologist used a room in his home exclusively to perform 
administrative and management activities for his profession 
(i.e., he spent two or three hours a day in his home office on 
bookkeeping, correspondence, reading medical journals, and 
communicating with surgeons, patients, and insurance 
companies), the Supreme Court upheld the IRS position that the 
``principal place of business'' for the taxpayer was not the 
home office, because the taxpayer performed the ``essence of 
the professional service'' at the hospitals.\47\ Because the 
taxpayer did not meet with patients at his home office and the 
room was not a separate structure, a deduction was not 
available under the second or third exception under section 
280A(c)(1) (described above).
    \47\ In response to the Supreme Court's decision in Soliman, the 
IRS revised its ``Publication 587, Business Use of Your Home,'' to more 
closely follow the comparative analysis used in Soliman by focusing on 
the following two primary factors in determining whether a home office 
is a taxpayer's principal place of business: (1) the relative 
importance of the activities performed at each business location; and 
(2) the amount of time spent at each location.
    Section 280A(c)(2) contains a special rule that allows a 
home office deduction for business expenses related to a space 
within a home that is used on a regular (even if not exclusive) 
basis as a storage unit for the inventory of the taxpayer's 
trade or business of selling products at retail or wholesale, 
but only if the home is the sole fixed location of such trade 
or business.
    Home office deductions may not be claimed if they create 
(or increase) a net loss from a business activity, although 
such deductions may be carried over to subsequent taxable years 
(sec. 280A(c)(5)).

                           Reasons for Change

    The Committee believes that the Supreme Court's decision in 
Soliman unfairly denies a home office deduction to a growing 
number of taxpayers who manage their business activities from 
their homes. Thus, the statutory modification adopted by the 
Committee will reduce the present-law bias in favor of 
taxpayers who manage their business activities from outside 
their home, thereby enabling more taxpayers to work efficiently 
at home, save commuting time and expenses, and spend additional 
time with their families. Moreover, the statutory modification 
is an appropriate response to the computer and information 
revolution, which has made it more practical for taxpayers to 
manage trade or business activities from a home office.
    The Committee also believes that present-law section 
280A(c)(2) should be clarified so that taxpayers who sell 
products at retail or wholesale, and regularly store such 
products at home, need not attempt to distinguish between 
inventory and product samples. This clarification will simplify 
the administration of present-law section 280A(c)(2).

                       Explanation of Provisions

Definition of principal place of business

    The bill amends present-law section 280A to specifically 
provide that a home office qualifies as the ``principal place 
of business'' if (1) the office is used by the taxpayer to 
conduct administrative or management activities of a trade or 
business and (2) there is no other fixed location of the trade 
or business where the taxpayer conducts substantial 
administrative or management activities of the trade or 
business. As under present law, deductions will be allowed for 
a home office meeting the above two-part test only if the 
office is exclusively used on a regular basis as a place of 
business by the taxpayer, and in the case of an employee, only 
if such exclusive use is for the convenience of the employer.
    Thus, under the bill, a home office deduction will be 
allowed (subject to the present-law ``convenience of the 
employer'' rule governing employees) if a portion of a 
taxpayer's home is exclusively and regularly used to conduct 
administrative or management activities for a trade or business 
of the taxpayer, who does not conduct substantial 
administrative or management activities at any other fixed 
location of the trade or business, regardless of whether 
administrative or management activities connected with his 
trade or business (e.g., billing activities) are performed by 
others at other locations. The fact that a taxpayer also 
carries out administrative or management activities at sites 
that are not fixed locations of the business, such as a car or 
hotel room, will not affect the taxpayer's ability to claim a 
home office deduction under the provision. Moreover, if a 
taxpayer conducts some administrative or management activities 
at a fixed location of the business outside the home, the 
taxpayer still will be eligible to claim a deduction so long as 
the administrative or management activities conducted at any 
fixed location of the business outside the home are not 
substantial (e.g., the taxpayer occasionally does minimal 
paperwork at another fixed location of the business). In 
addition, a taxpayer's eligibility to claim a home office 
deduction under the provision will not be affected by the fact 
that the taxpayer conducts substantial non-administrative or 
non-management business activities at a fixed location of the 
business outside the home (e.g., meeting with, or providing 
services to, customers, clients, or patients at a fixed 
location of the business away from home).
    If a taxpayer in fact does not perform substantial 
administrative or management activities at any fixed location 
of the business away from home, then the second prong of the 
provision is satisfied, regardless of whether or not the 
taxpayer opted not to use an office away from home that was 
available for the conduct of such activities. However, in the 
case of an employee, the question whether an employee opted not 
to use suitable space made available by the employer for 
administrative activities is relevant to determining whether 
the present-law ``convenience of the employer'' test is 
satisfied (see footnote 46 supra). In cases where a taxpayer's 
use of a home office does not satisfy the provision's two-part 
test, the taxpayer nonetheless may be able to claim a home 
office deduction under the present-law ``principal place of 
business'' exception or any other provision of section 280A.

Treatment of storage of product samples

    In addition, the bill clarifies that the special rule 
contained in present-law section 280A(c)(2) permits deductions 
for expenses related to a storage unit in a taxpayer's home 
regularly used for inventory or product samples (or both) of 
the taxpayer's trade or business of selling products at retail 
or wholesale, provided that the home is the sole fixed location 
of such trade or business.

                             Effective Date

    The provisions apply to taxable years beginning after 
December 31, 1995.
                     TITLE IV. FAMILY REINFORCEMENT

A. Tax Credit for Adoption Expenses (sec. 401 of the bill and new sec. 
                            25 of the Code)

                              Present Law

    Present law does not provide a tax credit for adoption 
expenses. The Federal Adoption Assistance program (a Federal 
outlay program) provides financial assistance for the adoption 
of certain special needs children. In general, a special needs 
child is defined as a child who (1) according to a State 
determination, could not or should not be returned to the home 
of the natural parents and (2) on account of a specific factor 
or condition (such as ethnic background, age, membership in a 
minority or sibling group, medical condition, or physical, 
mental or emotional handicap), could not reasonably be expected 
to be adopted unless adoption assistance is provided. 
Specifically, the program provides assistance for adoption 
expenses for those special needs children receiving Federally 
assisted adoption assistance payments as well as special needs 
children in private and State-funded programs. The maximum 
Federal reimbursement is $1,000 per special needs child. 
Reimbursable expenses include those nonrecurring costs directly 
associated with the adoption process such as legal costs, 
social service review, and transportation costs. \48\
    \48\  H.R. 1157 (``Welfare Transformation Act of 1995''), as 
reported by the House Committee on Ways and Means, would replace the 
Federal Adoption Assistance Program with a block grant to the States 
(H. Rept. 104-81, March 15, 1995).
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                           Reasons for Change

    The Committee believes that the financial costs of the 
adoption process should not be a barrier to adoptions. The 
Committee wishes to encourage further the adoption of special 
needs children therefore a tax credit is allowed in addition to 
any grant money received for the adoption expenses associated 
with the adoption of special needs children.

                        Explanation of Provision

    The bill provides taxpayers with a maximum credit against 
income tax liability of $5,000 per child for qualified adoption 
expenses paid or incurred by the taxpayer. Qualified adoption 
expenses are reasonable and necessary adoption fees, court 
costs, attorneys' fees and other expenses that are directly 
related to, and the principal purpose of which, are the legal 
adoption of an eligible child. An eligible child is an 
individual (1) who has not attained age 18 as of the time of 
the adoption, or (2) who is physically or mentally incapable of 
caring for himself or herself. No credit is allowed for 
expenses incurred (1) in violation of State or Federal law, (2) 
in carrying out any surrogate parenting arrangement, or (3) in 
connection with the adoption of a child of the taxpayer's 
spouse. The credit is phased out ratably for taxpayers with 
adjusted gross income (AGI) above $60,000 and is fully phased 
out at $100,000 of AGI. For purposes of this AGI test, the 
taxpayer's AGI is increased by the amount otherwise excluded 
from gross income under Code sections 911, 931, or 933 
(relating to the exclusion of income of U. S. citizens or 
residents living abroad; residents of Guam, American Samoa, and 
the Northern Mariana Islands, and residents of Puerto Rico, 
respectively).
    The $5,000 limit is a per child not an annual limitation. 
For example, if a taxpayer incurs $3,000 of qualified adoption 
expenses in year one and $3,000 of qualified adoption expenses 
in year two, then the taxpayer will receive a $3,000 credit in 
year one and a $2,000 credit in year two. Further, the credit 
is not limited to successful adoptions so the taxpayer in the 
above example will receive the credit regardless of whether the 
adoption is completed.
    To avoid a double benefit, the bill denies the credit to 
taxpayers to the extent the taxpayer may use otherwise 
qualified adoption expenses as the basis of another credit or 
deduction. Also, except in the case of special needs children, 
the credit is not allowed for any expenses for which a grant is 
received under any Federal, State, or local program. A special 
needs child is a child who the State has determined: (1) cannot 
or should not be returned to the home of the parents, and (2) 
has a specific factor or condition because of which the child 
cannot be placed with adoptive parents without adoption 
assistance. Examples of factors or conditions are the child's 
ethnic background, age, membership in a minority or sibling 
group, medical conditions, or physical, mental, or emotional 
handicaps.
    The bill provides that individuals who are married at the 
end of the taxable year must file a joint return to receive the 
credit unless they lived apart from their spouse for the last 
six months of the taxable year and the individual claiming the 
credit (1) maintained as his or her home a household for the 
child for more than one-half of the taxable year and (2) 
furnished over one-half of the cost of maintaining that 
household in that taxable year. Finally, the bill provides that 
an individual legally separated from his spouse under a decree 
of divorce or separate maintenance is not considered married 
for purposes of this provision.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1995.

 B. Tax Credit for Custodial Care of Certain Elderly Family Members in 
  Taxpayer's Home (sec. 402 of the bill and new sec. 25B of the Code)

                              Present Law

    Generally, present law does not provide for tax credits 
based solely on custodial care of parents or grandparents. 
However, taxpayers with dependent parents generally are able to 
claim a personal exemption for these dependents. The total 
amount of personal exemptions is subtracted (along with certain 
other items) from adjusted gross income (AGI) in arriving at 
taxable income. The amount of each personal exemption is $2,500 
for 1995, and is adjusted annually for inflation. The amount of 
the personal exemption is phased out for taxpayers with AGI in 
excess of $114,700 for single taxpayers, $143,350 for heads of 
household, and $172,050 for married couples filing joint 
returns.

                           Reasons for Change

    The Committee believes that it is appropriate to provide 
some relief to families providing for elderly and incapacitated 
family members. Further, the Committee believes that the 
provision will encourage homecare rather than 
institutionalization of these family members.

                        Explanation of Provision

    The bill provides taxpayers who maintain a household 
including one or more ``qualified persons'' with a maximum 
credit against income tax liability of $500 for each qualified 
person.
    To be a ``qualified person,'' an individual has to satisfy: 
(1) a relationship test, (2) a residency test, (3) a disability 
test, and (4) an identification test. The individual satisfies 
the relationship test if the individual is the father or mother 
of: (a) the taxpayer, (b) the taxpayer's spouse, or (c) a 
former spouse of the taxpayer. A stepfather, stepmother, and 
ancestors of the father or mother are treated as a father or 
mother for these purposes.
    An individual satisfies the residency test if the 
individual has the same principal place of abode as the 
taxpayer for more than one-half of the taxpayer's taxable year.
    An individual satisfies the disability test if the 
individual is physically or mentally incapable of caring for 
himself or herself. This disability test should operate in the 
same manner as the disability test in section 21 of the Code 
(the credit based on expenses for household and dependent care 
services necessary for gainful employment).
    An individual satisfies the identification test if the 
individual's name and taxpayer identification number (TIN) are 
included on the taxpayer's return for the taxable year.
    The bill provides that an individual is treated as 
maintaining a household for any period only if over one-half of 
the cost of maintaining a household for such period is 
furnished by such individual or, if such individual is married, 
by such individual and his or her spouse. The bill also 
provides that individuals who are married at the end of the 
taxable year must file a joint return to receive the credit 
unless they lived apart from their spouse for the last six 
months of the taxable year and the individual claiming the 
credit (1) maintained as his or her home a household for the 
qualified person for more than one-half of the taxable year and 
(2) furnished over one-half of the cost of maintaining that 
household in that taxable year. Finally, the bill provides that 
an individual legally separated from his or her spouse under a 
decree of divorce or of separate maintenance is not considered 
married for purposes of this provision.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1995.
 TITLE V. INCREASE IN THE SOCIAL SECURITY EARNINGS LIMIT (sec. 501 of 
                               the bill)

                              Present Law

    Under present law, senior citizens age 70 and older receive 
full Social Security benefits regardless of the amount of 
earnings they have from wages or self employment. Senior 
citizens between age 65 and 69 are eligible for full benefits 
only if their earnings are lower than the earnings limit amount 
determined by law. In 1995, the annual earnings limit for those 
age 65 to 69 is $11,280. The earnings limit amount is indexed 
and increases annually in proportion to the rate of average 
wage growth in the economy.
                                                          Earnings limit
        Calendar year                                        Present law
1996....................................................         $11,640
1997....................................................          11,880
1998....................................................          12,240
1999....................................................          12,720
2000....................................................          13,200
    Senior citizens age 65 to 69 who earn more than the 
earnings limit lose $1 in Social Security benefits for every $3 
in wages or self employment income they earn over the limit.
    The substantial gainful activity (SGA) amount applicable to 
individuals who are eligible for Social Security disability 
benefits on the basis of blindness is currently linked to the 
monthly earnings limit exempt amount for those age 65 to 69. 
The 1995 monthly amount is $940, wage-indexed in the future. 
For individuals eligible for Social Security disability based 
on severe disabilities other than blindness, the SGA amount is 
$500 per month and is not wage-indexed.

                           Reasons for Change

    The current earnings limit has been shown to act as a 
disincentive to skilled older workers, who would otherwise 
choose to remain productively employed. In particular, the 
earnings limit imposes a hardship on middle and lower-income 
retirees, who often rely on earnings from work to supplement 
their Social Security benefits. These middle and lower income 
retirees often have little or no other income, such as pensions 
or investments, to supplemental their Social Security benefits.
    Given the combined effects of Federal, State and local 
income taxes, Social Security payroll tax, tax on benefits, and 
the earnings limit, senior citizens who earn even moderate 
amounts over the earnings limit can be subjected to extremely 
high marginal tax rates, rates far greater than those paid by 
younger workers with incomes at the same level.
    Raising the earnings limit would also ease the 
administrative burdens of the Social Security Administration 
(SSA), which spends over $200 million a year to monitor and 
update the earnings limit. SSA estimates that 60 percent of all 
overpayments, and 45 percent of all underpayments, result from 
the earnings limit.

                        Explanation of Provision

    The bill will gradually raise the earnings limit for those 
age 65 to 69 to $30,000 by the year 2000. The increase will be 
phased in over 5 years as follows:
                                                          Earnings limit
        Calendar Year                                     Under the bill
1996....................................................          15,000
1997....................................................          19,000
1998....................................................          23,000
1999....................................................          27,000
2000....................................................          30,000
    After 2000, the exempt amount will be increased 
automatically based on increases in average wages.
    Senior citizens age 65 to 69 who earn over the given 
earnings limit for the year will continue to lose $1 in 
benefits for every $3 earned over the limit.
    The substantial gainful activity (SGA) amount applicable to 
individuals who are eligible for Social Security disability 
benefits on the basis of blindness will no longer be linked to 
the earnings limit exempt amount for those age 65 to 69. As 
under present law, the SGA amount for blind individuals will 
continue to be wage-indexed in the future.

                             Effective Date

    The provision applies to taxable years beginning after 
1995.
                  TITLE VI. TAX TECHNICAL CORRECTIONS

    The technical corrections title contains clerical, 
conforming and clarifying amendments to the provisions enacted 
by the Revenue Reconciliation Act of 1990, the Revenue 
Reconciliation Act of 1993, and other recently enacted 
legislation. All amendments made by this title are meant to 
carry out the intent of Congress in enacting the original 
legislation. Therefore, no separate ``Reasons for Change'' is 
set forth for each individual amendment. Except as otherwise 
described, the amendments made by the technical corrections 
title take effect as if included in the original legislation to 
which each amendment relates.

   A. Technical Corrections to the Revenue Reconciliation Act of 1990

1. Excise tax provisions
            a. Application of the 2.5-cents-per-gallon tax on fuel used 
                    in rail transportation to States and local 
                    governments (sec. 602(b)(2) of the bill, sec. 
                    11211(b)(4) of the 1990 Act, and sec. 4093 of the 
                    Code)

                              Present Law

    The 1990 Act increased the highway and motorboat fuels 
taxes by 5 cents per gallon, effective on December 1, 1990. The 
1990 Act continued the exemption from these taxes for fuels 
used by States and local governments.
    The 1990 Act further imposed a 2.5-cents-per-gallon tax on 
fuel used in rail transportation, also effective on December 1, 
1990. Because of a drafting error, the 2.5-cents-per-gallon tax 
on fuel used in rail transportation incorrectly applies to fuel 
used by States and local governments.

                        Explanation of Provision

    The bill clarifies that the 2.5-cents-per-gallon tax on 
fuel used in rail transportation does not apply to such uses by 
States and local governments.
            b. Small winery production credit and bonding requirements 
                    (secs. 602(b)(5), (6), and (7) of the bill, sec. 
                    11201 of the 1990 Act, and sec. 5041 of the Code)

                              Present Law

    A 90-cents-per-gallon credit is allowed to wine producers 
who produce no more than 250,000 gallons of wine in a year. The 
credit may be claimed against the producers' excise or income 
taxes.
    Wine producers must post a bond in amounts determined by 
reference to expected excise tax liability as a condition of 
legally operating.

                        Explanation of Provision

    The bill clarifies that wine produced by eligible small 
wineries may be transferred without payment of tax to bonded 
warehouses that become liable for payment of the wine excise 
tax without losing credit eligibility. In such cases, the 
bonded warehouse will be eligible for the credit to the same 
extent as the producer otherwise would have been.
    The bill further clarifies that the Treasury Department has 
broad regulatory authority to prevent the benefit of the credit 
from accruing (directly or indirectly) to wineries producing in 
excess of 250,000 gallons in a calendar year.
    It is intended that the Treasury regulatory authority will 
extend to all circumstances in which wine production is 
increased with a purpose of securing indirect credit 
eligibility for wine produced by such large producers.
    The bill also clarifies that the Treasury Department may 
take the amount of credit expected to be claimed against a 
producer's wine excise tax liability into account in 
determining the amount of required bond.
2. Other revenue-increase provisions of the 1990 Act
            a. Deposits of Railroad Retirement Tax Act taxes (sec. 
                    602(c)(3) of the bill, sec. 11334 of the 1990 Act, 
                    and sec. 6302(g) of the Code)

                              Present Law

    Employers must deposit income taxes withheld from 
employees' wages and FICA taxes that are equal to or greater 
than $100,000 by the close of the next banking day. Under the 
Railroad Retirement Solvency Act of 1983, the deposit rules for 
withheld income taxes and FICA taxes automatically apply to 
Railroad Retirement Tax Act taxes (sec. 226 of P. L. 98-76).

                        Explanation of Provision

    The bill conforms the Internal Revenue Code to the Railroad 
Retirement Solvency Act of 1983 by stating in the Code that 
these deposit rules for withheld income taxes and FICA taxes 
apply to Railroad Retirement Tax Act taxes.
            b. Treatment of salvage and subrogation of property and 
                    casualty insurance companies (sec. 602(c)(4) of the 
                    bill and sec. 11305 of the 1990 Act)

                              Present Law

    For taxable years beginning after December 31, 1989, 
property and casualty insurance companies are required to 
reduce the deduction allowed for losses incurred (both paid and 
unpaid) by estimated recoveries of salvage and subrogation 
attributable to such losses. In the case of any property and 
casualty insurance company that took into account estimated 
salvage and subrogation recoverable in determining losses 
incurred for its last taxable year beginning before January 1, 
1990, 87 percent of the discounted amount of the estimated 
salvage and subrogation recoverable as of the close of the last 
taxable year beginning before January 1, 1990, is allowed as a 
deduction ratably over the first 4 taxable years beginning 
after December 31, 1989. This special deduction was enacted in 
order to provide such property and casualty insurance companies 
with substantially the same Federal income tax treatment as 
that provided to those property and casualty insurance 
companies that prior to the Revenue Reconciliation Act of 1990 
did not take into account estimated salvage and subrogation 
recoverable in determining losses incurred.

                        Explanation of Provision

    The bill provides that the earnings and profits of any 
property and casualty insurance company that took into account 
estimated salvage and subrogation recoverable in determining 
losses incurred for its last taxable year beginning before 
January 1, 1990, is to be determined without regard to the 
special deduction that is allowed over the first 4 taxable 
years beginning after December 31, 1989. The special deduction 
is to be taken into account, however, in determining earnings 
and profits for purposes of applying sections 56, 902, and 
subpart F of part III of subchapter N of chapter 1 of the 
Internal Revenue Code of 1986. This provision is considered 
necessary in order to provide those property and casualty 
insurance companies that took into account estimated salvage 
and subrogation recoverable in determining losses incurred with 
substantially the same Federal income tax treatment as that 
provided to those property and casualty insurance companies 
that prior to the 1990 Act did not take into account estimated 
salvage and subrogation recoverable in determining losses 
incurred.
            c. Information with respect to certain foreign-owned or 
                    foreign corporations: Suspension of the statute of 
                    limitations during certain judicial proceedings 
                    (sec. 602(c)(5) of the bill, secs. 11314 and 11315 
                    of the 1990 Act, and secs. 6038A and 6038C of the 
                    Code)

                              Present Law

    Any domestic corporation that is 25-percent owned by one 
foreign person is subject to certain information reporting and 
recordkeeping requirements with respect to transactions carried 
out directly or indirectly with certain foreign persons treated 
as related to the domestic corporation (``reportable 
transactions'') (sec. 6038A(a)). In addition, the Code provides 
procedures whereby an IRS examination request or summons with 
respect to reportable transactions can be served on foreign 
related persons through the domestic corporation (sec. 
6038A(e)). Similar provisions apply to any foreign corporation 
engaged in a trade or business within the United States, with 
respect to information, records, examination requests, and 
summonses pertaining to the computation of its liability for 
tax in the United States (sec. 6038C). Certain noncompliance 
rules may be applied by the Internal Revenue Service in the 
case of the failure by a domestic corporation to comply with a 
summons pertaining to a reportable transaction (a ``6038A 
summons'') (sec. 6038A(e)), or the failure by a foreign 
corporation engaged in a U.S. trade or business to comply with 
a summons issued for purposes of determining the foreign 
corporation's liability for tax in the United States (a ``6038C 
summons'') (sec. 6038C(d)).
    Any corporation that is subject to the provisions of 
section 6038A or 6038C has the right to petition a Federal 
district court to quash a 6038A or 6038C summons, or to review 
a determination by the IRS that the corporation did not 
substantially comply in a timely manner with the 6038A or 6038C 
summons (sec. 6038A(e)(4)(A) and (B); sec. 6038C(d)(4)). During 
the period that either such judicial proceeding is pending 
(including appeals), and for up to 90 days thereafter, the 
statute of limitations is suspended with respect to any 
transaction (or item, in the case of a foreign corporation) to 
which the summons relates (secs. 6038A(e)(4)(D), 6038C(d)(4)).
    The legislative history of the 1989 Act amendments to 
section 6038A states that the suspension of the statute of 
limitations applies to ``the taxable year(s) at issue.'' \49\ 
The legislative history of the 1990 Act, which added section 
6038C to the Code, uses the same language.\50\
    \49\ H. Rept. No. 247, 101st Cong., 1st Sess. 1301 (1989); 
``Explanation of Provisions Approved by the Committee on October 3, 
1989,'' Senate Finance Committee Print, 101st Cong., 1st Sess. 118 
(October 12, 1989).
    \50\ ``Legislative History of Ways and Means Democratic 
Alternative,'' House Ways and Means Committee Print (WMCP: 101-37), 
101st Cong., 2nd Sess. 58 (October 15, 1990); Report language submitted 
by the Senate Finance Committee to the Senate Budget Committee on S. 
3299, 136 Cong. Rec. S 15629, S 15700 (1990).
                        Explanation of Provision

    The bill modifies the provisions in sections 6038A and 
6038C that suspend the statute of limitations to clarify that 
the suspension applies to any taxable year the determination of 
the amount of tax imposed for which is affected by the 
transaction or item to which the summons relates.
    It is intended that, under the provision, a transaction or 
item would affect the determination of the amount of tax 
imposed for the taxable year directly at issue, as well as for 
any taxable year indirectly affected through, for example, net 
operating loss carrybacks or carryforwards. It is not intended 
that, under the provision, a transaction or item would affect 
the determination of the amount of tax imposed for any taxable 
year other than the taxable year directly at issue solely by 
reason of any similarity of issues involved. Similarly, it is 
not intended that, under the provision, a transaction or item 
would affect the determination of the amount of tax imposed on 
any taxpayer unrelated to the taxpayer to whom the summons is 
directed.
            d. Rate of interest for large corporate underpayments 
                    (secs. 602(c)(6) and (7) of the bill, sec. 11341 of 
                    the 1990 Act, and sec. 6621(c) of the Code)

                              Present Law

    The rate of interest otherwise applicable to underpayments 
of tax is increased by two percent in the case of large 
corporate underpayments (generally defined to exceed $100,000), 
applicable to periods after the 30th day following the earlier 
of a notice of proposed deficiency, the furnishing of a 
statutory notice of deficiency, or an assessment notice issued 
in connection with a nondeficiency procedure.

                        Explanation of Provision

    The bill provides that an IRS notice that is later 
withdrawn because it was issued in error does not trigger the 
higher rate of interest. The bill also corrects an incorrect 
reference to ``this subtitle''.

3. Research credit provision: Effective date for repeal of special 
        proration rule (sec. 602(d)(1) of the bill and sec. 11402 of 
        the 1990 Act)

                              Present Law

    The Omnibus Budget Reconciliation Act of 1989 (``1989 
Act'') effectively extended the research credit for nine months 
by prorating certain qualified research expenses incurred 
before January 1, 1991. The special rule to prorate qualified 
research expenses applied in the case of any taxable year which 
began before October 1, 1990, and ended after September 30, 
1990. Under this special proration rule, the amount of 
qualified research expenses incurred by a taxpayer prior to 
January 1, 1991, was multiplied by the ratio that the number of 
days in that taxable year before October 1, 1990, bears to the 
total number of days in such taxable year before January 1, 
1991. The amendments made by the 1989 Act to the research 
credit (including the new method for calculating a taxpayer's 
base amount) generally were effective for taxable years 
beginning after December 31, 1989. However, this effective date 
did not apply to the special proration rule (which applied to 
any taxable year which began prior to October 1, 1990--
including some years which began before December 31, 1989--if 
such taxable year ended after September 30, 1990).
    Section 11402 of the Revenue Reconciliation Act of 1990 
(``1990 Act'') extended the research credit through December 
31, 1991, and repealed the special proration rule provided for 
by the 1989 Act. Section 11402 of the 1990 Act was effective 
for taxable years beginning after December 31, 1989. Thus, in 
the case of taxable years beginning before December 31, 1989, 
and ending after September 30, 1990 (e.g., a taxable year of 
November 1, 1989 through October 31, 1990), the special 
proration rule provided by the 1989 Act would continue to 
apply.
                        Explanation of Provision

    The bill repeals for all taxable years ending after 
December 31, 1989, the special proration rule provided for by 
the 1989 Act.

4. Energy tax provision: Alternative minimum tax adjustment based on 
        energy preferences (secs. 602(e)(1) and (4) of the bill, sec. 
        11531(a) of the 1990 Act, and former sec. 56(h) of the Code)

                              Present Law

    In computing alternative minimum taxable income (and the 
adjusted current earnings (ACE) adjustment of the alternative 
minimum tax), certain adjustments are made to the taxpayer's 
regular tax treatment for intangible drilling costs (IDCs) and 
depletion. For certain taxable years, a special energy 
deduction is also allowed. The special energy deduction is 
initially determined by determining the taxpayer's (1) 
intangible drilling cost preference and (2) the marginal 
production depletion preference. The intangible drilling cost 
preference is the amount by which the taxpayer's alternative 
minimum taxable income would be reduced if it were computed 
without regard to the adjustments for IDCs. The marginal 
production depletion preference is the amount by which the 
taxpayer's alternative minimum taxable income would be reduced 
if it were computed without regard to depletion adjustments 
attributable to marginal production. The intangible drilling 
cost preference is then apportioned between (1) the portion of 
the preference related to qualified exploratory costs and (2) 
the remaining portion of the preference. The portion of the 
preference related to qualified exploratory costs is multiplied 
by 75 percent and the remaining portion is multiplied by 15 
percent. The marginal production depletion preference is 
multiplied by 50 percent. The three products described above 
are added together to arrive at the taxpayer's special energy 
deduction (subject to certain limitations).
    The special energy deduction is not allowed to the extent 
that it exceeds 40 percent of alternative minimum taxable 
income determined without regard to either this special energy 
deduction or the alternative tax net operating loss deduction. 
Any special energy deduction amount limited by the 40-percent 
threshold may not be carried to another taxable year. In 
addition, the combination of the special energy deduction, the 
alternative minimum tax net operating loss and the alternative 
minimum tax foreign tax credit cannot generally offset, in the 
aggregate, more than 90 percent of a taxpayer's alternative 
minimum tax determined without such attributes.
    The special energy deduction was repealed for taxable years 
beginning after December 31, 1992.

                        Explanation of Provision

Interaction of special energy deduction with net operating loss and 
        investment tax credit

    The bill clarifies that the amount of alternative tax net 
operating loss that is utilized in any taxable year is to be 
appropriately adjusted to take into account the amount of 
special energy deduction claimed for that year. This operates 
to preserve a portion of the alternative tax net operating loss 
carryover by reducing the amount of net operating loss utilized 
to the extent of the special energy deduction claimed, which if 
unused, could not be carried forward.
    In addition, the bill contains a similar provision which 
clarifies that the limitation on the utilization of the 
investment tax credit for purposes of the alternative minimum 
tax is to be determined without regard to the special energy 
deduction.

Interaction of special energy deduction with adjustment based on 
        adjusted current earnings

    The bill provides that the ACE adjustment for taxable years 
beginning in 1991 and 1992 is to be computed without regard to 
the special energy deduction. Thus, the bill specifies that the 
ACE adjustment is equal to 75 percent of the excess of a 
corporation's adjusted current earnings over its alternative 
minimum taxable income computed without regard to either the 
ACE adjustment, the alternative tax net operating loss 
deduction, or the special energy deduction.

5. Estate tax freezes (sec. 602(f) of the bill, sec. 11602 of the 1990 
        Act, and secs. 2701-2704 of the Code)

                              Present Law

Generally

    The value of property transferred by gift or includible in 
the decedent's gross estate is its fair market value. Fair 
market value is generally the price at which the property would 
change hands between a willing buyer and willing seller, 
neither being under any compulsion to buy or sell and both 
having reasonable knowledge of relevant facts (Treas. Reg. sec. 
20.2031). Chapter 14 contains rules that supersede the willing 
buyer, willing seller standard (Code secs. 2701-2704).

Preferred interests in corporations and partnerships

            Valuation of retained interests
    Scope.--Section 2701 provides special rules for valuing 
certain rights retained in conjunction with the transfer to a 
family member of an interest in a corporation or partnership. 
These rules apply to any applicable retained interest held by 
the transferor or an applicable family member immediately after 
the transfer of an interest in such entity. An ``applicable 
family member'' is, with respect to any transferor, the 
transferor's spouse, ancestors of the transferor and the 
spouse, and spouses of such ancestors.
    An applicable retained interest is an interest with respect 
to which there is one of two types of rights (``affected 
rights''). The first type of affected right is a liquidation, 
put, call, or conversion right, generally defined as any 
liquidation, put, call, or conversion right, or similar right, 
the exercise or nonexercise of which affects the value of the 
transferred interest. The second type of affected right is a 
distribution right \51\ in an entity in which the transferor 
and applicable family members hold control immediately before 
the transfer. In determining control, an individual is treated 
as holding any interest held by the individual's brothers, 
sisters and lineal descendants. A distribution right does not 
include any right with respect to a junior equity interest.
    \51\ Distribution right generally is a right to a distribution from 
a corporation with respect to its stock, or from a partnership with 
respect to a partner's interest in the partnership.
---------------------------------------------------------------------------
    Valuation.--Section 2701 contains two rules for valuing 
applicable retained interests. Under the first rule, an 
affected right other than a right to qualified payments is 
valued at zero. Under the second rule any retained interest 
that confers (1) a liquidation, put, call or conversion right 
and (2) a distribution right that consists of the right to 
receive a qualified payment is valued on the assumption that 
each right is exercised in a manner resulting in the lowest 
value for all such rights (the ``lowest value rule''). There is 
no statutory rule governing the treatment of an applicable 
retained interest that confers a right to receive a qualified 
payment, but with respect to which there is no liquidation, 
put, call or conversion right.
    A qualified payment is a dividend payable on a periodic 
basis and at a fixed rate under cumulative preferred stock (or 
a comparable payment under a partnership agreement). A 
transferor or applicable family member may elect not to treat 
such a dividend (or comparable payment) as a qualified payment. 
A transferor or applicable family member also may elect to 
treat any other distribution right as a qualified payment to be 
paid in the amounts and at the times specified in the election.
    Inclusion in transfer tax base.--Failure to make a 
qualified payment valued under the lowest value rule within 
four years of its due date generally results in an inclusion in 
the transfer tax base equal to the difference between the 
compounded value of the scheduled payments over the compounded 
value of the payments actually made. The Treasury Department 
has regulatory authority to make subsequent transfer tax 
adjustments in the transfer of an applicable retained interest 
to reflect the increase in a prior taxable gift by reason of 
section 2701.
    Generally, this inclusion occurs if the holder transfers by 
sale or gift the applicable retained interest during life or at 
death. In addition, the taxpayer may, by election, treat the 
payment of the qualified payment as giving rise to an inclusion 
with respect to prior periods.
    The inclusion continues to apply if the applicable retained 
interest is transferred to an applicable family member. There 
is no inclusion on a transfer of an applicable retained 
interest to a spouse for consideration or in a transaction 
qualifying for the marital deduction but subsequent transfers 
by the spouse are subject to the inclusion. Other transfers to 
applicable family members result in an immediate inclusion as 
well as subjecting the transferee to subsequent inclusions.
            Minimum value of residual interest
    Section 2701 also establishes a minimum value for a junior 
equity interest in a corporation or partnership. For 
partnerships, a junior equity interest is an interest under 
which the rights to income and capital are junior to the rights 
of all other classes of equity interests.

Trusts and term interests in property

    The value of a transfer in trust is the value of the entire 
property less the value of rights in the property retained by 
the grantor. Section 2702 provides that in determining the 
extent to which a transfer of an interest in trust to a member 
of the transferor's family is a gift, the value of an interest 
retained by the transferor or an applicable family member is 
zero unless such interest takes certain prescribed forms.
    For a transfer with respect to a specified portion of 
property, section 2702 applies only to such portion. The 
section does not apply to the extent that the transfer is 
incomplete.
Options and buy-sell agreements

    A restriction upon the sale or transfer of property may 
reduce its fair market value. Treasury regulations provide that 
a restriction is to be disregarded unless the agreement 
represents a bona fide business arrangement and not a device to 
pass the decedent's shares to the natural objects of his bounty 
for less than full and adequate consideration (Treas. Reg. sec. 
20.2031-2(h)).
    Section 2703 provides that for transfer tax purposes the 
value of property is determined without regard to any option, 
agreement or other right to acquire or use the property at less 
than fair market value or any restriction on the right to sell 
or use such property. Certain options are excepted from this 
rule. To fall within the exception, the option, agreement, 
right or restriction must (1) be a bona fide business 
arrangement, (2) not be a device to transfer such property to 
members of the decedent's family for less than full and 
adequate consideration in money or money's worth, and (3) have 
terms comparable to similar arrangements entered into by 
persons in an arm's length transaction.

                        Explanation of Provision

Preferred interests in corporations and partnerships

            Valuation
    The bill provides that an applicable retained interest 
conferring a distribution right to qualified payments with 
respect to which there is no liquidation, put, call, or 
conversion right is valued without regard to section 2701. The 
bill also provides that the retention of such right gives rise 
to potential inclusion in the transfer tax base. In making 
these changes, it is understood that Treasury regulations could 
provide, in appropriate circumstances, that a right to receive 
amounts on liquidation of the corporation or partnership 
constitutes a liquidation right within the meaning of section 
2701 if the transferor, alone or with others, holds the right 
to cause liquidation.
    The bill modifies the definition of junior equity interest 
by granting regulatory authority to treat a partnership 
interest with rights that are junior with respect to either 
income or capital as a junior equity interest. The bill also 
modifies the definition of distribution right by replacing the 
junior equity interest exception with an exception for a right 
under an interest that is junior to the rights of the 
transferred interest. As a result, section 2701 does not affect 
the valuation of a transferred interest that is senior to the 
retained interest, even if the retained interest is not a 
junior equity interest.
    The bill modifies the rules for electing into or out of 
qualified payment treatment. A dividend payable on a periodic 
basis and at a fixed rate under a cumulative preferred stock 
held by the transferor is treated as a qualified payment unless 
the transferor elects otherwise. If held by an applicable 
family member, such stock is not treated as a qualified payment 
unless the holder so elects.\52\ In addition, a transferor or 
applicable family member holding any other distribution right 
may treat such right as a qualified payment to be paid in the 
amounts and at the times specified in the election.
    \52\ With respect to gifts made in 1990, the provision provides 
that this election may be made by the due date (including extensions) 
of the transferor's gift tax return due for the first calendar year 
after the date of enactment.
            Inclusion in transfer tax base
    The bill grants the Treasury Department regulatory 
authority to make subsequent transfer tax adjustments to 
reflect the inclusion of unpaid amounts with respect to a 
qualified payment. This authority, for example, would permit 
the Treasury Department to eliminate the double taxation that 
might occur if, with respect to a transfer, both the inclusion 
and the value of qualified payment arrearages were included in 
the transfer tax base. It would also permit elimination of the 
double taxation that might result from a transfer to a spouse, 
who, under the statute, is both an applicable family member and 
a member of the transferor's family.
    The bill treats a transfer to a spouse falling under the 
annual exclusion the same as a transfer qualifying for the 
marital deduction. Thus, no inclusion would occur upon the 
transfer of an applicable retained interest to a spouse, but 
subsequent transfers by the spouse would be subject to 
inclusion. The bill also clarifies that the inclusion continues 
to apply if an applicable family member transfers a right to 
qualified payments to the transferor.
    The provision clarifies the consequences of electing to 
treat a distribution as giving rise to an inclusion. Under the 
bill, the election gives rise to an inclusion only with respect 
to the payment for which the election is made. The inclusion 
with respect to other payments is unaffected.

Trust and term interests in property

    The bill conforms section 2702 to existing regulatory 
terminology by substituting the term ``incomplete gift'' for 
``incomplete transfer.'' In addition, the bill limits the 
exception for incomplete gifts to instances in which the entire 
gift is incomplete. The Treasury Department is granted 
regulatory authority, however, to create additional exceptions 
not inconsistent with the purposes of the section. This 
authority, for example, could be used to except a charitable 
trust that meets the requirements of section 664 and that does 
not otherwise create an opportunity for transferring property 
to a family member free of transfer tax.

6. Miscellaneous provisions

            a. Conforming amendments to the repeal of the General 
                    Utilities doctrine (secs. 602(g)(1) and (2) of the 
                    bill, sec. 11702(e)(2) of the 1990 Act, and secs. 
                    897(f) and 1248 of the Code)

                              Present Law

    As a result of changes made by recent tax legislation, gain 
is generally recognized on the distribution of appreciated 
property by a corporation to its shareholders. The Technical 
Corrections subtitle of the 1990 Act and technical correction 
provisions in prior acts made various conforming amendments 
arising out of these changes. For example, the 1990 Act made a 
conforming change to section 355(c) to state the treatment of 
distributions in section 355 transactions in the affirmative 
rather than by reference to the provisions of section 311. In 
addition, the Technical and Miscellaneous Revenue Act of 1988 
(``1988 Act'') made a conforming change to section 1248(f) to 
update the references to the nonrecognition provisions 
contained in that subsection. One of the changes was to change 
the reference to ``section 311(a)'' from ``section 311''.
                        Explanation of Provision

    The bill makes three conforming changes to the Code with 
respect to the repeal of the General Utilities doctrine.
    First, section 1248(f) is amended to add a reference to 
section 355(c)(1), which provides generally for the 
nonrecognition of gain or loss on the distribution of stock or 
securities in certain subsidiary corporations. This retains the 
substance of the law as it existed before the conforming change 
to section 355(c) made by the 1990 Act. This provision is not 
intended to affect the authority of the Secretary of the 
Treasury to issue regulations under section 1248(f) providing 
exceptions to the rule recognizing gain in certain 
distributions (cf. Notice 87-64, 1987-2 C.B. 375).
    Second, section 1248 is amended to clarify that, 
notwithstanding the conforming changes made by the 1988 Act, 
with respect to any transaction in which a U.S. person is 
treated as realizing gain from the sale or exchange of stock of 
a controlled foreign corporation, the U.S. person shall be 
treated as having sold or exchanged the stock for purposes of 
applying section 1248. Thus, if a U.S. person distributes 
appreciated stock of a controlled foreign corporation to its 
shareholders in a transaction in which gain is recognized under 
section 311(b), section 1248 shall be applied as if the stock 
had been sold or exchanged at its fair market value. Under 
section 1248(a), part or all of the gain may be treated as a 
dividend. Under the bill, the rule treating the distribution 
for purposes of section 1248 as a sale or exchange also applies 
where the U.S. person is deemed to distribute the stock under 
the provisions of section 1248(i). Under section 1248(i), gain 
will be recognized only to the extent of the amount treated as 
a dividend under section 1248.
    Third, section 897(f), relating to the basis in a United 
States real property interest distributed to a foreign person, 
is repealed as deadwood. The basis of the distributed property 
is its fair market value in accordance with section 301(d).
            b. Prohibited transaction rules (sec. 602(g)(3) of the 
                    bill, sec. 11701(m) of the 1990 Act, and sec. 4975 
                    of the Code)

                              Present Law

    The Code and title I of the Employee Retirement Income 
Security Act of 1974 (ERISA) prohibit certain transactions 
between an employee benefit plan and certain persons related to 
such plan. An exemption to the prohibited transaction rules of 
title I of ERISA is provided in the case of sales of employer 
securities the plan is required to dispose of under the Pension 
Protection Act of 1987 (ERISA sec. 408(b)(12)). The 1990 Act 
amended the Code to provide that certain transactions that are 
exempt from the prohibited transaction rules of ERISA are 
automatically exempt from the prohibited transaction rules of 
the Code. The 1990 Act change was intended to be limited to 
transactions exempt under section 408(b)(12) of ERISA.

                        Explanation of Provision

    The bill conforms the statutory language to legislative 
intent by providing that transactions that are exempt from the 
prohibited transaction rules of ERISA by reason of ERISA 
section 408(b)(12) are also exempt from the prohibited 
transaction rules of the Code.
            c. Effective date of LIFO adjustment for purposes of 
                    computing adjusted current earnings (sec. 602(g)(4) 
                    of the bill, sec. 11701 of the 1990 Act, sec. 
                    7611(b) of the 1989 Act, and sec. 56(g) of the 
                    Code)

                              Present Law

    For purposes of computing the adjusted current earnings 
(ACE) component of the corporate alternative minimum tax, 
taxpayers are required to make the LIFO inventory adjustments 
provided in section 312(n)(4) of the Code. Section 312(n)(4) 
generally is applicable for purposes of computing earnings and 
profits in taxable years beginning after September 30, 1984. 
The ACE adjustment generally is applicable to taxable years 
beginning after December 31, 1989.

                        Explanation of Provision

    The bill clarifies that the LIFO inventory adjustment 
required for ACE purposes shall be computed by applying the 
rules of section 312(n)(4) only with respect to taxable years 
beginning after December 31, 1989. The effective date 
applicable to the determination of earnings and profits 
(September 30, 1984) is inapplicable for purposes of the ACE 
LIFO inventory adjustment. Thus, the ACE LIFO adjustment shall 
be computed with reference to increases (and decreases, to the 
extent provided in Treasury regulations) in the ACE LIFO 
reserve in taxable years beginning after December 31, 1989.
            d. Low-income housing credit (sec. 602(g)(5) of the bill, 
                    sec. 11701(a)(11) of the 1990 Act, and sec. 42 of 
                    the Code)

                              Present Law

    The amendments to the low-income housing tax credit 
contained in the Omnibus Budget Reconciliation Act of 1989 
(``1989 Act'') generally were effective for buildings placed in 
service after December 31, 1989, to the extent the buildings 
were financed by tax-exempt bonds (``bond-financed 
buildings''). This rule applied regardless of when the bonds 
were issued.
    A technical correction enacted in the Revenue 
Reconciliation Act of 1990 (``1990 Act'') limited this 
effective date to buildings financed with bonds issued after 
December 31, 1989. Thus, the technical correction applied pre-
1989 Act law to bond-financed buildings placed in service after 
December 31, 1989, if the bonds were issued before January 1, 
1990.

                        Explanation of Provision

    The bill repeals the 1990 technical correction. The bill 
provides, however, that pre-1989 Act law will apply to a bond-
financed building if the owner of the building establishes to 
the satisfaction of the Secretary of the Treasury reasonable 
reliance upon the 1990 technical correction. In the case of 
buildings placed in service before the date of the bill's 
enactment, reasonable reliance may be established by a showing 
of compliance with the law as in effect for those buildings 
before enactment of the amendments made by the bill.

7. Expired or obsolete provisions (``deadwood provisions'') (secs. 
        602(h)(1)-(18) of the bill and secs. 11801-11816 of the 1990 
        Act)

                              Present Law

    The 1990 Act repealed and amended numerous sections of the 
Code by deleting obsolete provisions (``deadwood''). These 
amendments were not intended to make substantive changes to the 
tax law.

                        Explanation of Provision

    The bill makes several amendments to restore the substance 
of prior law which was inadvertently changed by the deadwood 
provisions of the 1990 Act. These amendments include (1) a 
provision restoring the prior-law depreciation treatment of 
certain energy property (sec. 168(e)(3)(B)(vi)); (2) a 
provision restoring the prior-law definition of property 
eligible for expensing (sec. 179(d)); and (3) a provision 
restoring the prior-law rule providing that if any member of an 
affiliated group of corporations elects the credit under 
section 901 for foreign taxes paid or accrued, then all members 
of the group paying or accruing such taxes must elect the 
credit in order for any dividend paid by a member of the group 
to qualify for the 100-percent dividends received deduction 
(sec. 243(b)).
    The bill also makes several nonsubstantive clerical 
amendments to conform the Code to the amendments made by the 
deadwood provisions. None of these amendments is intended to 
change the substance of pre-1990 law.
   B. Technical Corrections to the Revenue Reconciliation Act of 1993

1. Treatment of full-time students under the low-income housing credit 
        (sec. 603(b) of the bill, sec. 13142 of the 1993 Act and sec. 
        42 of the Code).

                              Present Law

    The Revenue Reconciliation Act of 1993 (``1993 Act'') 
codified prior law rules relating to the treatment of married 
students filing joint returns. Further, it provided that a 
housing unit occupied entirely by full-time students may 
qualify for the credit if the full-time students are a single 
parent and his or her minor children and none of the tenants is 
a dependent of a third party.

                        Explanation of Provision

    The bill provides that the full-time student provision is 
effective on the date of enactment of the 1993 Act.

2. Indexation of threshold applicable to excise tax on luxury 
        automobiles (sec. 603(c) of the bill, sec. 13161 of the 1993 
        Act, and sec. 4001(e)(1) of the Code)

                              Present Law

    The 1993 Act indexed the threshold above which the excise 
tax on luxury automobiles is to apply.

                        Explanation of Provision

    The bill corrects the application of the indexing 
adjustment so that the adjustment calculated for a given 
calendar year applies for that calendar year rather than in the 
subsequent calendar year. This conforms the indexation to that 
described in the conference report to the 1993 Act.\53\ The 
intent of Congress, as reflected in the conference report, was 
that current year indexation be effective on the date of 
enactment of the 1993 Act. Under the bill, the provision would, 
however, be effective on the date of enactment, to alleviate 
the difficulties that both taxpayers and the Treasury would 
experience in administering a retroactive refund effective to 
August 10, 1993.
    \53\ See, H. Rept. 103-213, August 4, 1993, p. 558.
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3. Indexation of the limitation based on modified adjusted gross income 
        for income from United States Savings bonds used to pay higher 
        education tuition and fees (sec. 603(d) of the bill, sec. 13201 
        of the 1993 Act, and sec. 135(b)(2)(B) of the Code)

                              Present Law

    A taxpayer may exclude from gross income the proceeds from 
the redemption of qualified United States savings bonds if the 
proceeds are used to pay qualified higher education expenses 
and the taxpayer's modified adjusted gross income is equal to 
or less than $60,000 ($40,000 in the case of a single return). 
The exclusion is phased out for incomes above these thresholds. 
The $60,000 ($40,000) threshold is indexed for inflation 
occurring after 1992.

                        Explanation of Provision

    The bill corrects the indexing of the $60,000 ($40,000) 
threshold to provide that the thresholds be indexed for 
inflation after 1989, as was provided prior to the 1993 Act.

4. Reporting and notification requirements for lobbying and political 
        expenditures of tax-exempt organizations (sec. 603(g) of the 
        bill, sec. 13222 of the 1993 Act and sec. 6033(e) of the Code)

                              Present Law

    Tax-exempt organizations which incur political expenditures 
are subject to tax under Code section 527(f). The tax is 
calculated by applying the highest corporate rate to the lesser 
of (a) the net investment income of the organization, or (b) 
the amount of political expenditures incurred by the 
organization during the taxable year. Expenditures covered by 
Code section 527(f) are those expended for ``influencing or 
attempting to influence the selection, nomination, election, or 
appointment of any individual to any Federal, State, or local 
public office or office in a political organization, or the 
election of Presidential or Vice-Presidential electors, whether 
of not such individual or electors are selected, nominated, 
elected, or appointed.''
    Code section 162(e), as amended by the 1993 Act, provides a 
separate set of rules regarding the tax treatment of lobbying 
and political expenditures. Political expenditures include 
amounts paid or incurred in connection with ``participation in, 
or intervention in, any political campaign on behalf of (or in 
opposition to) any candidate for public office.'' Taxpayers may 
not deduct the portion of dues or similar amounts paid to a 
tax-exempt organization which the organization notifies the 
taxpayer are allocable to lobbying or political expenditures.
    Code section 6033(e) sets forth reporting and notification 
requirements applicable to tax-exempt organizations (other than 
charities) that incur lobbying or political expenditures within 
the meaning of Code section 162(e). First, the organization 
must report on its annual tax return both the total amount of 
its lobbying and political expenditures, and the total amount 
of dues (or similar payments) allocable to such expenditures. 
Second, the organization must either provide notice to its 
members of the portion of dues allocable to lobbying and 
political expenditures (so that such amounts are not deductible 
by members), or may elect to pay a proxy tax (at the highest 
corporate rate) on its lobbying and political expenditures, up 
to the amount of dues receipts.
                        Explanation of Provision

    The bill amends Code section 6033(e) to clarify that any 
political expenditures on which tax is paid pursuant to Code 
section 527(f) are not subject to the reporting and 
notification requirements of Code section 6033(e). In addition, 
the bill clarifies that the reporting and notification 
requirements of Code section 6033(e) apply to organizations 
exempt from tax under Code section 501(a), other than charities 
described in section 501(c)(3).

5. Estimated tax rules for certain tax-exempt organizations (sec. 
        603(h) of the bill, sec. 13225 of the 1993 Act and sec. 
        6655(g)(3) of the Code)

                              Present Law

    A tax-exempt organization is generally subject to an 
addition to tax for any underpayment of estimated tax on its 
unrelated business taxable income or its net investment income 
(as the case may be). Under the 1993 Act, for years beginning 
after December 31, 1993, a corporation or tax-exempt 
organization does not have an underpayment of estimated tax if 
it makes four timely estimated tax payments that total at least 
100 percent of the tax liability shown on its return for the 
current taxable year. A corporation or tax-exempt organization 
may estimate its current year tax liability prior to year-end 
by annualizing its income. The 1993 Act also changed the method 
by which a corporation annualizes its current year tax 
liability.

                        Explanation of Provision

    The bill clarifies that the 1993 Act did not change the 
method by which a tax-exempt organization annualizes its 
current year tax liability.

6. Current taxation of certain earnings of controlled foreign 
        corporations--application of foreign tax credit limitation 
        (sec. 603(i)(1) of the bill, sec. 13231(b) of the 1993 Act, and 
        sec. 904(d) of the Code)

                              Present Law

    Present law requires U.S. shareholders of a controlled 
foreign corporation to include in income the corporation's 
subpart F income, certain earnings invested in U.S. property, 
and, as modified by the 1993 Act, certain earnings invested in 
excess passive assets. A U.S. shareholder's tax liability 
attributable to the inclusion may be offset by foreign tax 
credits for certain foreign taxes paid or deemed paid by the 
shareholder.
    The foreign tax credit limitation applies separately to 
several categories of income. The separate limitations apply to 
a dividend from a controlled foreign corporation to a U.S. 
shareholder of that controlled foreign corporation by reference 
to the character of the earnings and profits of the 
distributing corporation.
    An inclusion of a controlled foreign corporation's earnings 
invested in U.S. property is treated like a dividend for 
purposes of the foreign tax credit limitation. Although the 
1993 Act provided that inclusions of earnings invested in 
excess passive assets generally are determined in the same 
manner as inclusions of earnings invested in U.S. property, the 
1993 Act did not specify how the separate limitations of the 
foreign tax credit should apply to inclusions of earnings 
invested in excess passive assets.
    Some have argued that the separate limitations of the 
foreign tax credit do not apply to an inclusion of a controlled 
foreign corporation's earnings invested in excess passive 
assets; rather, that such an inclusion is allocated entirely to 
the general foreign tax credit limitation, without regard to 
the character of the underlying earnings and profits of the 
controlled foreign corporation.

                        Explanation of Provision

    The bill clarifies that a U.S. shareholder's inclusion of a 
controlled foreign corporation's earnings invested in excess 
passive assets is treated like a dividend for purposes of the 
foreign tax credit limitation. Thus, the inclusion is 
characterized by reference to the underlying earnings and 
profits of the controlled foreign corporation. This treatment 
is consistent with present law's application of the separate 
limitations of the foreign tax credit to other amounts included 
in income with respect to a controlled foreign corporation.

7. Current taxation of certain earnings of controlled foreign 
        corporations--measurement of accumulated earnings (sec. 
        603(i)(2) of the bill, sec. 13231(b) of the 1993 Act, and sec. 
        956A(b) of the Code)

                              Present Law

    Present law, as modified by the 1993 Act, limits the 
availability of deferral of U.S. tax on certain earnings of 
controlled foreign corporations by requiring U.S. shareholders 
of a controlled foreign corporation to include in income the 
corporation's accumulated \54\ or current earnings invested in 
excess passive assets. Some have argued that the Code's 
definition of earnings subject to this treatment permits an 
accumulated deficit in earnings to eliminate positive current 
earnings, resulting in no income inclusion in a case where an 
actual distribution would be treated as a dividend out of 
current earnings. In addition, some have argued that the Code's 
definition of earnings subject to this treatment takes current-
year earnings into account more than once.
    \54\ Accumulated earnings and profits are taken into account only 
to the extent that they were accumulated in taxable years beginning 
after September 30, 1993.
                        Explanation of Provision

    The bill clarifies that the accumulated earnings and 
profits of a controlled foreign corporation taken into account 
for purposes of determining the foreign corporation's earnings 
invested in excess passive assets do not include any deficit in 
accumulated earnings and profits,\55\ and do not include 
current earnings (which are taken into account separately).
    \55\ Incurred in taxable years beginning after September 30, 1993.
---------------------------------------------------------------------------

8. Current taxation of certain earnings of controlled foreign 
        corporations--aggregation and look-through rules (sec. 
        603(i)(3) of the bill, sec. 13231(b) of the 1993 Act, and sec. 
        956A(f) of the Code)

                              Present Law

    Present law, as modified by the 1993 Act, provides certain 
aggregation and look-through rules in connection with requiring 
U.S. shareholders of a controlled foreign corporation to 
include in income certain of the corporation's earnings 
invested in excess passive assets. Under the aggregation rule, 
certain groups of controlled foreign corporations that are 
linked by stock ownership of more than 50 percent (CFC groups) 
are treated as a single corporation for purposes of determining 
their earnings invested in excess passive assets. Look-through 
treatment applies to certain corporations whose stock is owned 
at least 25 percent by a controlled foreign corporation. Some 
have argued that these rules permit the assets of one foreign 
corporation to be taken into account more than once through a 
combination of CFC group treatment and look-through treatment. 
In addition, some have argued that these rules permit the 
assets of one foreign corporation to be taken into account more 
than once through membership of the foreign corporation in more 
than one CFC group.

                        Explanation of Provision

    The bill clarifies that, within the regulatory authority 
provided to the Secretary of the Treasury under the 1993 Act, 
regulations are specifically authorized to coordinate the CFC 
group treatment and look-through treatment applicable for 
purposes of determining a foreign corporation's earnings 
invested in excess passive assets. Pending the promulgation of 
guidance by the Secretary, it is intended that taxpayers be 
permitted to coordinate such treatment using any reasonable 
method for taking assets into account only once, so long as the 
method is consistently applied to all controlled foreign 
corporations (whether or not members of any CFC group) in all 
taxable years.

9. Treatment of certain leased assets for PFIC purposes (sec. 603(i)(5) 
        of the bill, sec. 13231(d)(4) of the 1993 Act, and sec. 1297(d) 
        of the Code)

                              Present Law

    Under present law, as modified by the 1993 Act, certain 
property leased by a foreign corporation may be treated as an 
asset actually owned by the foreign corporation in measuring 
the assets of the foreign corporation for purposes of the 
passive foreign investment company (``PFIC'') asset test of 
section 1296(a)(2). The 1993 Act provided a special measurement 
rule, under which the adjusted basis of the leased asset for 
this purpose is determined by reference to the unamortized 
portion of the present value of the payments under the lease 
for the use of the property. Some have argued, however, that 
the special measurement rule does not apply to PFICs that are 
permitted to measure their assets by fair market value, rather 
than by adjusted basis. Under this argument, the entire fair 
market value of the leased asset might be treated as owned by 
the foreign corporation.

                        Explanation of Provision

    The bill clarifies that, in the case of any item of 
property leased by a foreign corporation and treated as an 
asset actually owned by the foreign corporation in measuring 
the assets of the foreign corporation for purposes of the PFIC 
asset test, the amount taken into account with respect to the 
leased property is the amount determined under the 1993 Act's 
special measurement rule, which is based on the unamortized 
portion of the present value of the payments under the lease 
for the use of the property. That is, the provision clarifies 
that the special measurement rule of the 1993 Act applies to 
all PFICs, regardless of whether they are generally permitted 
to measure their assets by fair market value rather than 
adjusted basis.

10. Amortization of goodwill and certain other intangibles (sec. 603(k) 
        of the bill, sec. 13261(g) of the 1993 Act and sec. 197 of the 
        Code)

                              Present Law

    The 1993 Act allows amortization deductions to certain 
intangible assets acquired after the 1993 Act's effective date 
that were not amortizable under prior law. The 1993 Act 
contains ``antichurning'' rules that deny amortization to 
intangible assets that were not amortizable under prior law if 
such assets are acquired by the taxpayer after the effective 
date from certain related parties.
    The 1993 Act also contains an election under which a 
taxpayer and certain related parties may elect to treat all 
acquisitions after July 25, 1991 as subject to the provisions 
of the 1993 Act.

                        Explanation of Provision

    The bill clarifies that when a taxpayer and its related 
parties have made an election to apply the 1993 Act to all 
acquisitions after July 25, 1991, the antichurning rules will 
not apply when property acquired from an unrelated party after 
July 25, 1991 (and not subject to the antichurning rules in the 
hands of the acquirer) is transferred to a taxpayer related to 
the acquirer after the date of enactment of the 1993 Act.
11. Empowerment zones and eligibility of small farms for tax incentives 
        (sec. 603(l) of the bill, sec. 13301 of the 1993 Act and sec. 
        1397B(d)(5)(B) of the Code)

                              Present Law

    Pursuant to the 1993 Act, on December 21, 1994, six 
empowerment zones and 65 enterprise communities were designated 
in eligible urban areas, and three empowerment zones and 30 
enterprise communities were designated in rural areas. Special 
tax incentives (i.e., a wage credit, additional section 179 
expensing, and expanded tax-exempt financing) are available for 
certain business activities conducted in urban and rural 
empowerment zones. Expanded tax-exempt financing benefits are 
available for certain facilities located in urban and rural 
enterprise communities.
    The empowerment zone wage credit is not available with 
respect to any individual employed by a trade or business the 
principal activity of which is farming (within the meaning of 
subparagraphs (A) and (B) of section 2032A(e)(5)) if, as of the 
close of the current taxable year, the sum of the aggregate 
unadjusted bases (or, if greater, the fair market value) of 
assets of the farm exceed $500,000 (sec. 1396(d)(2)(E)). In 
contrast, the additional section 179 expensing (available in 
empowerment zones) and expanded tax-exempt financing benefits 
(available in both empowerment zones and enterprise 
communities) are not allowed for any trade or business the 
principal activity of which is farming if, as of the close of 
the preceding taxable year, the sum of the aggregate bases (or, 
if greater, the fair market value) of the assets of the farm 
exceed $500,000 (sec. 1397B(d)(5)).

                        Explanation of Provision

    The bill provides that the $500,000 asset test for 
determining whether a farm is eligible for additional section 
179 expensing (in an empowerment zone) and expanded tax-exempt 
financing benefits (in an empowerment zone or enterprise 
community) is applied based on the assets of the farm at the 
end of the current taxable year. Thus, the $500,000 asset test 
for determining farm eligibility is based on the same taxable 
period (i.e., the current taxable year) for purposes of all tax 
incentives available in empowerment zones and enterprise 
communities.

                   C. Other Tax Technical Corrections

1. Hedge bonds (sec. 604(b) of the bill, sec. 11701 of the 1989 Act, 
        and sec. 149(g) of the Code)

                              Present Law

    The 1989 Act provided generally that interest on hedge 
bonds is not tax-exempt unless prescribed minimum percentages 
of the proceeds are reasonably expected to be spent at set 
intervals during the five-year period after issuance of the 
bonds (sec. 149(g)). A hedge bond is defined generally as a 
bond (1) at least 85 percent of the proceeds of which is not 
reasonably expected to be spent within three years following 
issuance and (2) more than 50 percent of the proceeds of which 
is invested at substantially guaranteed yields for four years 
or more.
    This restriction does not apply, however, if at least 95 
percent of the bond proceeds is invested in other tax-exempt 
bonds (not subject to the alternative minimum tax). The 95-
percent investment requirement is not violated if investment 
earnings exceeding five percent of the proceeds are temporarily 
invested for up to 30 days pending reinvestment in taxable 
(including alternative minimum taxable) investments.
    This provision is effective as if included in the Omnibus 
Budget Reconciliation Act of 1989.

                        Explanation of Provision

    The bill clarifies that the 30-day exception for temporary 
investments of investment earnings applies to amounts (i.e., 
principal and earnings thereon) temporarily invested during the 
30-day period immediately preceding redemption of the bonds as 
well as such periods preceding reinvestment of the proceeds.

2. Withholding on distributions from U.S. real property holding 
        companies (sec. 604(c) of the bill, sec. 129 of the Deficit 
        Reduction Act of 1984, and sec. 1445 of the Code)

                              Present Law

In general

    Under the Foreign Investment in Real Property Tax Act of 
1980 (``FIRPTA''), a foreign investor that disposes of a U.S. 
real property interest generally is required to pay tax on any 
gain on the disposition. For this purpose a U.S. real property 
interest generally includes stock in a domestic corporation 
that is a U.S. real property holding corporation (``USRPHC''), 
or was a USRPHC at any time during the previous five years.
    A sale or exchange of stock in a USRPHC is an example of a 
disposition of a U.S. real property interest. In addition, 
provisions of subchapter C of the Code treat amounts received 
in certain corporate distributions as amounts received in sales 
or exchanges, giving rise to tax liability under the FIRPTA 
rules when a foreign person receives such a distribution from a 
present or former USRPHC. Thus, amounts received by a foreign 
shareholder in a USRPHC in a distribution in complete 
liquidation of the USRPHC are treated as in full payment in 
exchange for the USRPHC stock, and are therefore subject to tax 
under FIRPTA (sec. 331; Treas. Reg. sec. 1.897-5T(b)(2)(iii)). 
Similarly, amounts received by a foreign shareholder in a 
USRPHC upon redemption of the USRPHC stock are treated as a 
distribution in part or full payment in exchange for the stock, 
and are therefore subject to tax under FIRPTA (sec. 302(a); 
Treas. Reg. sec. 1.897-5T(b)(2)(ii)). Third, amounts received 
by a foreign shareholder in a USRPHC, in a section 301 
distribution from the USRPHC that exceeds the available 
earnings and profits of the USRPHC, are treated as gain from 
the sale or exchange of the shareholder's USRPHC stock to the 
extent that they exceed the shareholder's adjusted basis in the 
stock; such amounts are therefore also subject to tax under 
FIRPTA (sec. 301(c)(3); Treas. Reg. sec. 1.897-5T(b)(2)(i)).

FIRPTA withholding

    The Deficit Reduction Act of 1984 established a withholding 
system to enforce the FIRPTA tax. Unless an exception applies, 
a transferee of a U.S. real property interest from a foreign 
person generally is required to withhold the lesser of 10 
percent of the amount realized (purchase price), or the maximum 
tax liability on disposition (as determined by the IRS) (sec. 
1445). Such withholding may be reduced or eliminated pursuant 
to a withholding certificate issued by the Internal Revenue 
Service (Treas. Reg. sec. 1. 1445-3).
    Although the FIRPTA withholding requirement by its terms 
generally applies to all dispositions of U.S. real property 
interests, and subchapter C treats amounts received in certain 
distributions as amounts received in sales or exchanges, the 
FIRPTA withholding provisions also provide express rules for 
withholding on certain distributions treated as sales or 
exchanges. Generally, distributions in a transaction to which 
section 302 (redemptions) or part II of subchapter C 
(liquidations) applies are subject to 10-percent 
withholding.\56\ Although a section 301 distribution in excess 
of earnings and profits is also treated as a disposition for 
purposes of computing the FIRPTA liability of a foreign 
recipient of the distribution, there is no corresponding 
withholding provision expressly addressed to the payor of such 
a distribution.
    \56\ Under other rules, dividend distributions (i.e., distributions 
to which sec. 301(c)(1) applies) to foreign persons by U.S. 
corporations, including USRPHCs, are subject to 30-percent withholding 
under the Code. Under treaties, the withholding on a dividend may be 
reduced to as little as 5 or 15 percent.
---------------------------------------------------------------------------

                        Explanation of Provision

    The bill clarifies that FIRPTA withholding requirements 
apply to any section 301 distribution to a foreign person by a 
domestic corporation that is or was a USRPHC, which 
distribution is not made out of the corporation's earnings and 
profits and is therefore treated as an amount received in a 
sale or exchange of a U.S. real property interest. (The bill 
does not alter the withholding treatment of section 301 
distributions by such a corporation that are out of earnings 
and profits.) Under the bill, the FIRPTA withholding 
requirements that apply to a section 301 distribution not out 
of earnings and profits are similar to the requirements 
applicable to redemption or liquidation distributions to a 
foreign person by such a corporation. It is anticipated that 
withholding certificates will be available to taxpayers that 
expect to receive section 301 distributions not out of earnings 
and profits.
    The provision is effective for distributions made after the 
date of enactment of the bill. No inference is intended to be 
drawn from the provision as to the FIRPTA withholding 
requirements applicable to such a distribution under present 
law.

3. Treatment of credits attributable to working interests in oil and 
        gas properties (sec. 604(d) of the bill, sec. 501 of the Tax 
        Reform Act of 1986, and sec. 469 of the Code)

                              Present Law

    Under present law, a working interest in an oil and gas 
property which does not limit the liability of the taxpayer is 
not a ``passive activity'' for purposes of the passive loss 
rules (sec. 469). However, if any loss from an activity is 
treated as not being a passive loss by reason of being from a 
working interest, any net income from the activity in 
subsequent years is not treated as income from a passive 
activity, notwithstanding that the activity may otherwise have 
become passive with respect to the taxpayer.
                        Explanation of Provision

    The bill clarifies that any credit attributable to a 
working interest in an oil and gas property, in a taxable year 
in which the activity is no longer treated as not being a 
passive activity, will not be treated as attributable to a 
passive activity to the extent of any tax allocable to the net 
income from the activity for the taxable year. Any credits from 
the activity in excess of this amount of tax will continue to 
be treated as arising from a passive activity and will be 
treated under the rules generally applicable to the passive 
activity credit. The provision applies to taxable years 
beginning after December 31, 1986.

4. Clarification of passive loss disposition rule (sec. 604(e) of the 
        bill, sec. 501 of the Tax Reform Act of 1986, sec. 
        1005(a)(2)(A) of the Technical and Miscellaneous Revenue Act of 
        1988, and sec. 469(g)(1)(A) of the Code)

                              Present Law

    The Tax Reform Act of 1986 (``1986 Act'') provided that if 
a passive activity is disposed of in a transaction in which all 
gain or loss is recognized, any overall loss from the activity 
in the year of disposition is recognized and allowed against 
income (whether active or passive income).\57\ The language of 
the 1986 Act provided that any loss was allowable, first, 
against income or gain from the passive activity, second, 
against income or gain from all passive activities, and 
finally, against any other income or gain. This rule was 
rewritten by the technical corrections portion of the Technical 
and Miscellaneous Revenue Act of 1988 (``1988 Act''). The 
statutory language (as amended by the 1988 Act) providing for 
the computation of the overall loss for the taxable year of 
disposition is not entirely clear where the activity is 
disposed of at a gain.
    \57\ See S. Rept. 99-313, p. 725.
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                        Explanation of Provision

    The bill clarifies the rule relating to the computation of 
the overall loss allowed upon the disposition of a passive 
activity. The bill provides that, in a transaction in which all 
gain or loss is recognized on the disposition of a passive 
activity, any loss from the activity for the taxable year 
(taking into account all income, gain, and loss, including gain 
or loss recognized on the disposition) in excess of any net 
income or gain from other passive activities for the taxable 
year is treated as a loss which is not from a passive activity. 
The provision applies to taxable years beginning after December 
31, 1986.

5. Estate tax unified credit allowed nonresident aliens under treaty 
        (sec. 604(f)(1) of the bill, sec. 5032(b)(2) of the Technical 
        and Miscellaneous Revenue Act of 1988, and sec. 2102(c)(3)(A) 
        of the Code)

                              Present Law

Amount subject to tax

    For U.S. citizens and residents, the amount subject to 
Federal estate and gift tax is determined by reference to all 
property, wherever situated. For nonresident aliens, the Code 
provides that the amount subject to Federal estate and gift tax 
is determined only by reference to property situated in the 
United States.
    The United States has entered into bilateral treaties 
designed to avoid double transfer taxation. Early treaties 
typically did this by providing rules for determining situs and 
requiring that the State of domicile allow a credit for taxes 
paid to the situs country.\58\ In contrast, treaties signed in 
the 1980s, and the U.S. and OECD model treaties, exempt most 
property, wherever situated, from taxation outside the State of 
domicile.\59\
    \58\ See Staff of the Joint Committee on Taxation, 98th Cong., 2d 
Sess., ``Explanation of Proposed Estate and Gift Tax Treaty Between the 
United States and Sweden 8'' (1984).
    \59\ See, e.g., U.S. Treasury Model Estate and Gift Tax Treaty 
(1980), Article 7, paragraph 1: ``Transfers and deemed transfers by an 
individual domiciled in a Contracting State of property other than 
property referred to in Article 5 (Real Property) and 6 (Business 
Property of a Permanent Establishment and Assets Pertaining to a Fixed 
Base Used for the Performance of Independent Personal Services) shall 
be taxable only in that State.''
Specific exemption and unified credit

    Prior to the Tax Reform Act of 1976 (``1976 Act''), the 
Code allowed a ``specific exemption'' against the estate tax. 
The estate of a U.S. citizen or resident was allowed an 
exemption of $60,000, while the estate of a nonresident alien 
was allowed a lesser amount. A number of U.S. estate tax 
treaties ratified in the 1950s allowed a nonresident alien a 
``specific exemption'' equal to the exemption allowed a U.S. 
citizen or resident multiplied by the percentage of the gross 
estate subject to U.S. estate tax (the ``pro rata exemption''). 
\60\
    \60\  See Rev. Rul. 81-303, 1981-2 C. B. 255.
---------------------------------------------------------------------------
    The 1976 Act replaced the specific exemption with a unified 
credit of $47,000 for the estate of U.S. citizen or resident 
and $3,600 for the estate of a nonresident alien. After 1976, 
two courts interpreted the pro rata exemption allowed in the 
1950s treaties as applying to the unified credit, i.e. , as 
allowing a unified credit no less than the unified credit 
allowed a U.S. citizen or resident multiplied by the percentage 
of the gross estate situated in the United States (and 
therefore subject to U.S. estate tax under those treaties). 
\61\
    \61\  See Mudry v. United States, 11 Cl. Ct. 207 (1986) (Swiss 
treaty); Burghardt v. Commissioner, 80 T. C. 705 (1983), aff'd, 734 F. 
2d 3 (3d Cir. 1984) (Italian treaty).
---------------------------------------------------------------------------
    The Technical and Miscellaneous Revenue Act of 1988 (``1988 
Act'') increased the unified credit allowed an estate of a 
nonresident alien to $13,000. In so doing, the 1988 Act 
provided that, ``to the extent required by any treaty,'' the 
estate of a nonresident alien is allowed a unified credit equal 
to the unified credit allowed a U.S. citizen or resident 
multiplied by the percentage of the gross estate situated in 
the United States (Code sec. 2102(c)(3)(A)). Thus, the 1988 Act 
did not override the ``specific exemption'' language of the 
1950s treaties, as interpreted by the two courts, and could be 
interpreted as encouraging the negotiation of pro rata unified 
credits in future treaties.

                        Explanation of Provision

    The bill clarifies that in determining the pro rata unified 
credit required by treaty, property exempted by the treaty from 
U.S. estate tax is not treated as situated in the United 
States. Under this rule, a treaty granting a pro rata unified 
credit would allow a nonresident alien the unified credit 
allowed a U.S. citizen or resident multiplied by the percentage 
of the gross estate subject to U.S. estate tax, as modified by 
treaty.
    The bill is not intended to affect existing treaties 
containing pro rata exemptions, because in those treaties 
taxation follows situs. For future treaties, it is intended 
that any pro rata unified credit negotiated not exceed the 
proportion of the gross worldwide estate subject to U.S. estate 
and gift tax, as modified by treaty. The provision is effective 
upon the date of its enactment.

6. Limitation on deduction for certain interest paid by corporation to 
        related persons (sec. 604(f)(2) of the bill, sec. 7210(a) of 
        the 1989 Act, and sec. 163(j) of the Code)

                              Present Law

    Subject to certain limitations, a taxpayer may deduct 
interest paid or accrued on indebtedness within a taxable year 
(sec. 163(a)). The 1989 Act added a so-called ``earnings 
stripping'' limitation on interest deductibility with respect 
to certain interest paid by corporations to related persons 
(sec. 163(j)). If the provision applies to a corporation for a 
taxable year, it disallows deductions for certain amounts of 
``disqualified interest'' paid or accrued by the corporation 
during that year. If in a taxable year a deduction is 
disallowed, under the provision, for an amount of interest paid 
or accrued in that year, the disallowed amount is treated under 
the earnings stripping provision as disqualified interest paid 
or accrued in the succeeding taxable year. \62\
    \62\  Disqualified interest is interest paid by a corporation to 
related persons that are not subject to U.S. tax on the interest 
received. (If, in accordance with a U.S. income tax treaty, interest 
income of a related person is subject to a reduced rate of U.S. tax, a 
portion of the interest paid to the related person is deemed to be 
interest on which no tax is imposed. )
    In order for the earnings stripping provision to apply to a 
corporation for a taxable year, two thresholds must be 
exceeded. To exceed the first threshold, the corporation must 
have ``excess interest expense'' as that term is defined in the 
Code for this purpose. To exceed the second threshold, the 
corporation must have a ratio of debt to equity as of the close 
of the taxable year in question (or on any other day prescribed 
by the Secretary in regulations) that exceeds 1.5 to 1. Excess 
interest expense is the excess (if any) of the corporation's 
net interest expense over the sum of 50 percent of the adjusted 
taxable income of the corporation plus any excess limitation 
carryforward from a prior year. Excess limitation is the excess 
(if any) of 50 percent of adjusted taxable income over net 
interest expense.

                        Explanation of Provision

    The bill provides that the debt-equity threshold does not 
apply for purposes of applying the earnings stripping provision 
to a carryover of excess interest expense from a prior taxable 
year. Thus, the bill clarifies that excess interest carried 
forward from a year in which the debt-equity ratio threshold is 
exceeded may be deducted in a subsequent year in which that 
threshold is not exceeded, but only to the extent that such 
interest would not otherwise be treated as excess interest 
expense in the carryforward year.
    For example, assume that in year 1 $20 of a corporation's 
interest expense is nondeductible due to the operation of the 
earnings stripping provision. The corporation carries forward 
the $20 of interest deduction that it could not use in year 1. 
Assume that in year 2 the corporation has a debt-equity ratio 
of 1 to 1 and $50 of current net and gross interest expense, 
all of which is disqualified interest, and that it earns $400 
of adjusted taxable income. The bill is intended to clarify 
that the $20 of interest carried forward from year 1 is 
deductible in year 2. This is because $70, the sum of the 
current net interest expense for year 2 ($50) plus the interest 
expense carried over from year 1 ($20), does not exceed one-
half of adjusted taxable income in year 2.
    As another example, assume that in year 2 the corporation 
has a debt-equity ratio of 1 to 1 and $50 of current net and 
gross interest expense, all of which is disqualified interest, 
and that it earns $80 of adjusted taxable income. The bill is 
intended to clarify that the $20 of interest carried forward 
from year 1 is not deductible in year 2. This is because the 
current net interest expense for year 2 ($50) exceeds by $10 
one-half of adjusted taxable income in year 2 ($80 divided by 
2, or $40). Therefore, treating the year 1 carryover as an 
interest expense in year 2 causes the corporation to have 
excess interest expense equal to $30. But for the debt-equity 
safe harbor, the corporation would have a $30 interest expense 
disallowance in year 2 if the carried over amount were treated 
as having been paid in year 2. Under the bill, no actual year 2 
interest can be disallowed. However, under these facts, none of 
the interest carried over from year 1 can be deducted in year 
2. Instead, the interest carried over from year 1 is carried 
forward for potential deduction (subject to the same rules that 
applied to the carryforward in year 2) in a year subsequent to 
year 2.
    As a third example, assume that in year 2 the corporation 
has a debt-equity ratio of 1 to 1 and $50 of current net and 
gross interest expense, all of which is disqualified interest, 
and that it earns $110 of adjusted taxable income. The bill is 
intended to clarify that $5 of interest carried forward from 
year 1 is deductible in year 2, and the other $15 of interest 
carried forward from year 1 is not deductible in year 2. This 
is because the current net interest expense for year 2 ($50) is 
$5 less than one-half of adjusted taxable income in year 2 
(one-half of $110, or $55). Therefore, even if the debt-equity 
safe harbor had not been met in year 2, the corporation would 
have had $5 of excess limitation in year 2 had there been no 
carryover amount from year 1. On the other hand, treating the 
year 1 carryover as an interest expense in year 2 causes the 
corporation to have excess interest expense equal to $15. This 
$15 may be carried forward to a subsequent year.
    The provision is effective as if included in the amendments 
made by section 7210(a) of the Revenue Reconciliation Act of 
1989.
7. Branch-level interest tax (sec. 604(f)(3) of the bill, sec. 1241 of 
        the 1986 Act, and sec. 884 of the Code)

                              Present Law

    Interest paid (or treated as if paid) by a U.S. trade or 
business (i.e., a U.S. branch) of a foreign corporation is 
treated as if paid by a U.S. corporation and, hence, is U.S. 
source and subject to U.S. withholding tax of 30 percent, 
unless the tax is reduced or eliminated by a specific Code or 
treaty provision. The Treasury has regulatory authority to 
limit U.S. sourcing, and hence U.S. withholding, to the amount 
of interest reasonably expected to be deducted in arriving at 
the U.S. branch's effectively connected taxable income.
    To the extent a U.S. branch of a foreign corporation has 
allocated to it under Treasury Regulation section 1.882-5 an 
interest deduction in excess of the interest actually paid by 
the branch (this generally occurs where the indebtedness of the 
U.S. branch is disproportionately small compared to the total 
indebtedness of the foreign corporation), the excess is treated 
as if it were interest paid on a notional loan to a U.S. 
subsidiary (the U.S. branch, in actuality) from its foreign 
corporate parent (the home office). This excess is subject to 
the 30-percent tax, absent a specific Code exemption or treaty 
reduction (sec. 884(f)(1)(B)).
    These branch-level interest taxes, along with the branch 
profits tax, were intended to reflect the view that a foreign 
corporation doing business in the United States generally 
should be subject to the same substantive tax rules that apply 
to a foreign corporation operating in the United States through 
a U.S. subsidiary.\63\ Where a U.S. corporation pays interest 
to its foreign corporate parent, that interest, like the 
interest deducted by a U.S. branch of a foreign corporation, is 
also generally subject to a 30-percent U.S. withholding tax 
unless the tax is reduced by treaty. In the case of a U.S. 
subsidiary of a foreign parent corporation, the withholding tax 
applies without regard to whether the interest payment is 
currently deductible by the U.S. subsidiary. For example, 
deductions for interest may be delayed or denied under section 
163, 263, 263A, 266, 267, or 469, but it is still subject (or 
not subject) to withholding when paid without regard to the 
operation of those provisions.
    \63\ Staff of the Joint Committee on Taxation, 100th Cong., 1st 
Sess., ``General Explanation of the Tax Reform Act of 1986,'' at 1036 
(1987).
---------------------------------------------------------------------------

                        Explanation of Provision

    The bill provides that the branch level interest tax on 
interest not actually paid by the branch applies to any 
interest which is allocable to income which is effectively 
connected with the conduct of a trade or business in the United 
States. Similarly, in the case of interest paid by the U.S. 
branch, the bill provides regulatory authority to limit U.S. 
sourcing, and hence U.S. withholding, to the amount of interest 
reasonably expected to be allocable to income which is 
effectively connected with the conduct of a trade or business 
in the United States. Thus, where an interest expense of a 
foreign corporation is allocable to U.S. effectively connected 
income, but that interest expense would not have been fully 
deductible for tax purposes under another Code provision had it 
been paid by a U.S. corporation, the bill clarifies that such 
interest is nonetheless treated for branch level interest tax 
purposes like a payment by a U.S. corporation to a foreign 
corporate parent. Similarly, with regard to the Treasury's 
regulatory authority to treat an interest payment by a foreign 
corporation's U.S. branch as though not paid by a U.S. person 
for source and withholding purposes, the bill clarifies that 
the authority extends to interest payments in excess of those 
reasonably expected to be allocable to U.S. effectively 
connected income of the foreign corporation.
    These provisions are effective as if they were made by the 
Tax Reform Act of 1986.

8. Determination of source in case of sales of inventory property (sec. 
        604(f)(4) of the bill, sec. 211 of the 1986 Act, and sec. 
        865(b) of the Code)

                              Present Law

    Prior to the 1986 Act, the source of income derived from 
the sale of personal property generally was determined by the 
place of sale (commonly referred to as the ``title passage'' 
rule) (see, e.g. , Treas. Reg. sec. 1. 861-7, T. D. 6258, 1957-
2 C. B. 368). While the 1986 Act generally replaced the place-
of-sale rule for sales of personal property with a residence-
of-the-seller rule (sec. 865(a)), the Act did not change the 
place-of-sale rule for most sales of inventory property (sec. 
865(b)).
    Before and after the 1986 Act, statutory rules for sourcing 
income from inventory sales have included those covering income 
from (1) purchasing inventory property outside the United 
States (other than within a U.S. possession) and selling it in 
the United States (sec. 861(a)(6)); (2) purchasing inventory 
property in the United States and selling it outside the United 
States (sec. 862(a)(6)); (3) selling outside the United States 
inventory property which has been produced by the taxpayer in 
the United States (or selling in the United States inventory 
property which has been produced by the taxpayer outside the 
United States) (sec. 863(b)(2)); and (4) purchasing inventory 
property in a U.S. possession and selling it in the United 
States (sec. 863(b)(3)). Prior to the 1986 Act, these 
provisions were not limited in application to income from sales 
of inventory property, but rather covered sales of personal 
property generally.
    In addition to statutory rules for sourcing items of income 
from transactions involving inventory property specified in the 
Code, such as those listed above, the Code both before and 
after the 1986 Act has contained other sourcing rules that do 
not make specific reference to property sales, and includes 
general regulatory authority to allocate and apportion between 
U.S. and foreign sources items of gross income, expenses, 
losses, and deductions other than those specified in sections 
861(a) and 862(a) (sec. 863(a)). In carving income from the 
sale inventory property out of the general residence-of-the-
seller rule of section 865, section 865(b) makes reference to 
the above statutory rules making specific reference to 
inventory property, but not to the general grant of regulatory 
authority in section 863(a).

                        Explanation of Provision

    The bill modifies the general provision relating to the 
sourcing of income from the sale of personal property (sec. 
865) so that the cross-reference to sourcing rules applicable 
to inventory property includes a reference to all of section 
863, rather than simply to section 863(b). The bill thus 
clarifies that, to the extent that the Secretary of the 
Treasury had general regulatory authority to provide rules for 
the sourcing of income from the sales of personal property 
prior to the 1986 Act, the Secretary of the Treasury retains 
that authority under present law with respect to inventory 
property.
    The bill is not intended to increase the Treasury 
Secretary's regulatory authority under section 863(a) beyond 
the authority that he had under the law in effect prior to the 
enactment of the 1986 Act. It is intended that no inference be 
drawn from this provision either as to the correctness of, or 
as to the post-1986 Act implications of, any judicial decision 
interpreting the scope of that pre-1986 Act authority.
    The provision is effective as if it were included in the 
Tax Reform Act of 1986.

9. Repeal of obsolete provisions (sec. 604(f)(5) of the bill, sec. 
        10202 of the Revenue Act of 1987, and secs. 6038(a)(1)(F) and 
        6038A(b)(4) of the Code)

                              Present Law

    A U. S person who controls a foreign corporation must 
report certain information related to that foreign corporation 
as may be required by the Treasury Secretary (sec. 6038). 
Information reporting is also required with respect to certain 
foreign-owned domestic corporations (sec. 6038A). Included 
under each of these information reporting provisions is a 
requirement to report such information as the Treasury 
Secretary may require for purposes of carrying out the 
provisions of section 453C. Section 453C, relating to certain 
indebtedness treated as payment on installment obligations (the 
so-called ``proportional disallowance rule''), was repealed in 
the Revenue Act of 1987.

                        Explanation of Provision

    The bill repeals as obsolete the information reporting 
requirements of sections 6038 and 6038A relating to section 
453C. The provision is effective upon the date of its 
enactment.

10. Clarification of certain stadium bond transition rule in Tax Reform 
        Act of 1986 (sec. 604(g) of the bill and sec. 1317(3)(A) of the 
        Tax Reform Act of 1986)

                              Present Law

    The Tax Reform Act of 1986 included a transition rule 
authorizing tax-exempt bonds not exceeding $200 million to be 
issued by or on behalf of the City of Cleveland, Ohio, to 
finance a stadium. The bonds were required to be issued before 
January 1, 1991 (and were so issued). As enacted, the rule 
required Cleveland to retain a residual interest in the stadium 
following planned private business use.
                        Explanation of Provision

    The bill permits the residual interest in the stadium 
currently held by the City of Cleveland to be assigned to 
Cuyahoga County, Ohio (the county in which both Cleveland and 
the stadium are located) because of a change in Ohio State law 
prior to issuance of the bonds. The bill does not extend the 
time for issuing the bonds or otherwise affect the amount of 
bonds or the location or design of the stadium.
    This provision is effective as if included in the Tax 
Reform Act of 1986.

11. Health care continuation rules (sec. 604(h) of the bill, sec. 
        7862(c)(5) of the 1989 Act, sec. 4980B(f)(2)(B)(i) of the Code, 
        sec. 602(2)(A) of ERISA, and sec. 2202(2)(A) of the Public 
        Health Service Act)

                              Present Law

    The Revenue Reconciliation Act of 1989 (``1989 Act'') 
amended the health care continuation rules to provide that if a 
covered employee is entitled to Medicare and within 18 months 
of such entitlement separates from service or has a reduction 
in hours, the duration of continuation coverage for the spouse 
and dependents is 36 months from the date the covered employee 
became entitled to Medicare. One possible interpretation of the 
statutory language, however, would permit continuation coverage 
for up to 54 months. This extension of the coverage period was 
not intended.

                        Explanation of Provision

    The bill amends the Code (sec. 4980B), title I of the 
Employee Retirement Income Security Act (sec. 602), and the 
Public Health Service Act (sec. 2202(2)(A)) to limit the 
continuation coverage in such cases to no more than 36 months. 
The provision is effective for plan years beginning after 
December 31, 1989.

12. Taxation of excess inclusions of a residual interest in a REMIC for 
        taxpayers subject to alternative minimum tax with net operating 
        losses (sec. 604(i) of the bill and sec. 860E(a)(6) of the 
        Code)

                              Present Law

Residual interests in a REMIC

    A real estate mortgage investment conduit (``REMIC'') is an 
entity that holds real estate mortgages. All interests in a 
REMIC must be ``regular interests'' or ``residual interests. '' 
A regular interest is an interest the terms of which are fixed 
on the start-up day, which unconditionally entitles the holder 
to receive a specified principal amount, and which provides 
that interest amounts are payable based on a fixed rate (or a 
variable rate to the extent provided in the Treasury 
regulations). A residual interest is any interest that is so 
designated and that is not a regular interest in a REMIC.
    Generally, the holder of a residual interest in a REMIC 
takes into account his daily portion of the taxable income or 
net loss of such REMIC for each day during which he held such 
interest. The taxable income of any holder of a residual 
interest in a REMIC for any taxable year cannot be less than 
the excess inclusion for the year (sec. 860E). Thus, in 
general, income from excess inclusions cannot be offset by a 
net operating loss (or net operating loss carryover) in 
computing the taxpayer's regular tax.

Alternative minimum tax

    Taxpayers are subject to an alternative minimum tax which 
is payable, in addition to all other tax liabilities, to the 
extent it exceeds the taxpayer's regular tax. The tax is 
imposed at a rate of 24 percent (20 percent in the case of a 
corporation) on alternative minimum taxable income in excess of 
an exemption amount. Alternative minimum taxable income 
generally is the taxpayer's taxable income, as increased or 
decreased by certain adjustments and preferences. Under the 
alternative tax net operating loss deduction, a taxpayer may 
deduct ninety percent of its net operating loss carryovers 
against alternative minimum taxable income.
    Because the determination of a taxpayer's alternative 
minimum taxable income begins with taxable income, a holder of 
a residual interest in a REMIC may have positive alternative 
minimum taxable income even where the taxpayer has a net 
operating loss for the year.

                        Explanation of Provision

    The bill provides that three rules for determining the 
alternative minimum taxable income of a taxpayer that is not a 
thrift institution that holds residual interests in a REMIC.
    First, the alternative minimum taxable income of such a 
taxpayer is computed without regard to the REMIC rule that 
taxable income cannot be less than the amount of excess 
inclusions. This provision prevents a taxpayer from having to 
include in alternative minimum taxable income preference items 
for which it received no tax benefit.
    Second, the alternative minimum taxable income of such a 
taxpayer for a taxable year cannot be less than the excess 
inclusions of the residual interests for that year. In effect, 
this provision prevents nonrefundable credits from reducing the 
taxpayer's income tax below an amount equal to what the 
tentative minimum tax would be if computed only on excess 
inclusions.
    Third, the amount of any alternative minimum tax net 
operating loss deduction of such a taxpayer is computed without 
regard to any excess inclusions. This provision insures that 
the net operating losses will not reduce any income 
attributable to any excess inclusions. Thus, all such taxpayers 
subject to the alternative minimum tax will pay a tax on excess 
inclusions at the alternative minimum tax rate, regardless of 
whether the taxpayer has a net operating loss.
    The provision is effective for all taxable years beginning 
after December 31, 1986, unless the taxpayer elects to apply 
the rules of the bill only to taxable years beginning after the 
date of enactment.

13. Application of harbor maintenance tax to Alaska and Hawaii ship 
        passengers (sec. 604(j) of the bill and sec. 4462(b) of the 
        Code)

                              Present Law

    A harbor maintenance excise tax (``harbor tax'') of 0.125 
percent of value applies generally to commercial cargo 
(including passenger fares) loaded or unloaded at U.S. ports 
(sec. 4461). The harbor tax does not apply to commercial cargo 
(other than crude oil with respect to Alaska) loaded or 
unloaded in Alaska, Hawaii, and U.S. possessions where such 
cargo is transported to or from the U.S. mainland (for domestic 
use) or where such cargo is loaded and unloaded in the same 
State (Alaska or Hawaii) or possession (sec. 4462(b)).

                        Explanation of Provision

    The bill clarifies that the harbor tax does not apply to 
passenger fares where the passengers are transported on U.S. 
flag vessels operating solely within the State waters of Alaska 
or Hawaii and adjacent international waters (i.e., leaving and 
returning to a port in the same State without stopping 
elsewhere).
    The provision applies as if included in the Harbor 
Maintenance Revenue Act of 1986 (April 1, 1987).

14. Modify effective date provision relating to the Energy Policy Act 
        of 1992 (sec. 604(k) of the bill and secs. 53 and 30 of the 
        Code)

                              Present Law

    The nonconventional fuels production credit (sec. 29) 
cannot reduce the taxpayer's tax liability to less than the 
amount of the tentative minimum tax. The credit for prior year 
minimum tax liability (sec. 53) is increased by the amount of 
the nonconventional fuels credit not allowed for the taxable 
year solely by reason of the limitation based on the taxpayer's 
tentative minimum tax.
                        Explanation of Provision

    The bill corrects a cross reference to section 29(b)(6)(B) 
contained in section 53(d)(1)(B)(iv), and clarifies that the 
correction applies to taxable years beginning after December 
31, 1990. In addition, section 2(e)(5) of the bill clarifies 
that a correction made in the Energy Policy Act of 1992 to a 
similar cross reference in section 53(d)(1)(B)(iii) applies to 
taxable years beginning after December 31, 1990.
    The bill also clarifies the relationship between the basis 
adjustment rules for the electric vehicle credit (sec. 
30(d)(1)) and the alternative minimum tax.

15. Treat qualified football coaches plan as multiemployer pension plan 
        for purposes of the Internal Revenue Code (sec. 604(l) of the 
        bill and sec. 1022 of ERISA)

                              Present Law

    Section 3(37) of the Employee Retirement Income Security 
Act of 1974 (``ERISA''), as amended by Public Law 100-202 
(Continuing Appropriations for Fiscal Year 1988), provides 
that, for purposes of Title I of ERISA, a qualified football 
coaches plan generally is treated as a multiemployer plan and 
may include a qualified cash or deferred arrangement. Under 
section 3(37) of ERISA, a qualified football coaches plan is 
defined as any defined contribution plan established and 
maintained by an organization described in section 501(c) of 
the Internal Revenue Code (the ``Code''), the membership of 
which consists entirely of individuals who primarily coach 
football as full-time employees of 4-year colleges or 
universities, if the organization was in existence on September 
18, 1986. This definition is generally intended to apply to the 
American Football Coaches Association.
    However, section 9343(a) of the Omnibus Budget 
Reconciliation Act of 1987 (P.L. 100-203) provides that Titles 
I and IV of ERISA are not applicable in interpreting Title II 
of ERISA (the Code provisions relating to qualified plans), 
except to the extent specifically provided in the Code or as 
determined by the Secretary of the Treasury.

                        Explanation of Provision

    The bill amends Title II of ERISA to provide that, for 
purposes of determining the qualified plan status of a 
qualified football coaches plan, section 3(37) of ERISA is 
treated as part of Title II of ERISA and a qualified football 
coaches plan is treated as a multiemployer collectively 
bargained plan.
    The provision is effective for years beginning after 
December 22, 1987 (the date of enactment of P.L. 100-202).

16. Determination of unrecovered investment in annuity contract (sec. 
        604(m) of the bill and sec. 72(b) and (c) of the Code)

                              Present Law

    An exclusion is provided for amounts received as an annuity 
under an annuity, endowment, or life insurance contract, as 
determined under a statutory exclusion ratio (sec. 72(b)). The 
exclusion ratio is determined as the ratio of (1) the 
taxpayer's investment in the contract (as of the annuity 
starting date) to (2) the expected return under the contract 
(as of such date). In the case of a contract with a refund 
feature, the amount of a taxpayer's investment in the contract 
is reduced by the value of the refund feature (sec. 72(c)).
    This exclusion was modified by the Tax Reform Act of 1986 
to limit the excludable amount to the taxpayer's unrecovered 
investment in the contract, and to provide a deduction for the 
unrecovered investment in the contract if payments as an 
annuity under the contract cease by reason of the death of an 
annuitant. In the case of a contract with a refund feature, the 
1986 Act modifications reduce the exclusion ratio so that it is 
possible that less than the entire investment in the contract 
can be recovered tax-free.
                        Explanation of Provision

    The bill modifies the definition of the unrecovered 
investment in the contract, in the case of a contract with a 
refund feature, so that the entire investment in the contract 
can be recovered tax-free.
    The provision is effective as if enacted in the Tax Reform 
Act of 1986.

17. Election by parent to claim unearned income of certain children on 
        parent's return (sec. 604(n) of the bill and secs. 1 and 59(j) 
        of the Code)

                              Present Law

    The net unearned income of a child under 14 years of age is 
taxed to the child at the parent's statutory rate. Net unearned 
income means unearned income less the sum of $650 (for 1995) 
and the greater of: (1) $650 (for 1995) or, (2) if the child 
itemizes deductions, the amount of allowable deductions 
directly connected with the production of the unearned income. 
The dollar amounts are adjusted for inflation.
    In certain circumstances, a parent may elect to include a 
child's unearned income on the parent's income tax return if 
the child's income is less than $5,000. A parent making this 
election must include the gross income of the child in excess 
of $1,000 in income for the taxable year. In addition, the 
parent must report an additional tax liability equal to the 
lesser of (1) $75 or (2) 15 percent of the excess of the 
child's income over $500. The dollar amounts for the election 
are not adjusted for inflation.
    A person claimed as a dependent cannot claim a standard 
deduction exceeding the greater of $650 (for 1995) or such 
person's earned income. For alternative minimum tax purposes, 
the exemption of a child under 14 years of age generally cannot 
exceed the sum of such child's earned income plus $1,000. The 
$650 amount is adjusted for inflation but the $1,000 amount is 
not.

                        Explanation of Provision

    The bill adjusts for inflation the dollar amounts involved 
in the election to claim unearned income on the parent's 
return. It likewise indexes the $1,000 amount used in computing 
the child's alternative minimum tax.
    The provision is effective for taxable years beginning 
after December 31, 1994.

18. Exclusion from income for combat zone compensation (sec. 604(o)(4) 
        of the bill and sec. 112 of the Code)

                              Present Law

    The Code provides that gross income does not include 
compensation received by a taxpayer for active service in the 
Armed Forces of the United States for any month during any part 
of which the taxpayer served in a combat zone (or was 
hospitalized as a result of injuries, wounds or disease 
incurred while serving in a combat zone) (limited to $500 per 
month for commissioned officers). The heading refers to 
``combat pay,'' although that term is no longer used to refer 
to special pay provisions for members of the Armed Forces, nor 
is the exclusion limited to those special pay provisions 
(hazardous duty pay (37 U.S.C. sec. 301) and hostile fire or 
imminent danger pay (37 U.S.C. sec. 310)).

                        Explanation of Provision

    The bill modifies the heading of Code section 112 to refer 
to ``combat zone compensation'' instead of ``combat pay. '' The 
bill also makes conforming changes to cross-references 
elsewhere in the Code. This provision is effective on the date 
of enactment.
                      III. VOTES OF THE COMMITTEE

    In compliance with clause 2(l)(2)(B) of rule XI of the 
Rules of the House of Representatives, the following statements 
are made concerning the votes of the Committee in its 
consideration of the bill, H.R. 1215.
Motion to Report the Bill
    The bill, H.R. 1215, was ordered favorably reported without 
amendment on March 14, 1995, by a roll call vote of 21 yeas and 
14 nays (with a quorum being present). The vote was as follows:
        YEAS                          NAYS
Mr. Archer                          Mr. Gibbons
Mr. Crane                           Mr. Rangel
Mr. Thomas                          Mr. Stark
Mr. Shaw                            Mr. Jacobs
Mrs. Johnson                        Mr. Ford
Mr. Bunning                         Mr. Matsui
Mr. Houghton                        Mrs. Kennelly
Mr. Herger                          Mr. Coyne
Mr. McCrery                         Mr. Levin
Mr. Hancock                         Mr. Cardin
Mr. Camp                            Mr. McDermott
Mr. Ramstad                         Mr. Kleczka
Mr. Zimmer                          Mr. Lewis
Mr. Nussle                          Mr. Payne
Mr. Johnson
Ms. Dunn
Mr. Collins
Mr. Portman
Mr. English
Mr. Ensign
Mr. Christensen
Vote on Amendment
    The Committee defeated an amendment (14 yeas and 21 nays) 
offered by Mr. McDermott to sunset all provisions of the bill 
on and after January 1, 2001. The roll call vote was as 
follows:
        YEAS                          NAYS
Mr. Gibbons                         Mr. Archer
Mr. Rangel                          Mr. Crane
Mr. Stark                           Mr. Thomas
Mr. Jacobs                          Mr. Shaw
Mr. Ford                            Mrs. Johnson
Mr. Matsui                          Mr. Bunning
Mrs. Kennelly                       Mr. Houghton
Mr. Coyne                           Mr. Herger
Mr. Levin                           Mr. McCrery
Mr. Cardin                          Mr. Hancock
Mr. McDermott                       Mr. Camp
Mr. Kleczka                         Mr. Ramstad
Mr. Lewis                           Mr. Zimmer
Mr. Payne                           Mr. Nussle
                                    Mr. Johnson
                                    Ms. Dunn
                                    Mr. Collins
                                    Mr. Portman
                                    Mr. English
                                    Mr. Ensign
                                    Mr. Christensen
                     IV. BUDGET EFFECTS OF THE BILL

               A. Committee Estimate of Budgetary Effects

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of this bill, H.R. 1215, 
as reported.
    The bill is estimated to have the following effects on 
budget receipts and outlays for fiscal years 1995-2000:

 ESTIMATED BUDGET EFFECTS OF THE PROVISIONS RELATING TO H.R. 1215, THE ``CONTRACT WITH AMERICA TAX RELIEF ACT OF
                                                     1995''                                                     
                                    [By fiscal years, in billions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
      Provision             Effective         1995      1996      1997      1998      1999      2000     1995-00
----------------------------------------------------------------------------------------------------------------
Title I. American                                                                                               
 Dream Restoration:                                                                                             
    A. Family Tax     1/1/96..............  ........      -4.6     -23.3     -24.1     -26.2     -26.7    -104.9
     Credit ($500 in                                                                                            
     1996, and                                                                                                  
     thereafter;                                                                                                
     children under                                                                                             
     age 18; phase-                                                                                             
     out $200,000 to                                                                                            
     $250,000).                                                                                                 
    B. Credit to      tyba DoE............  ........      -0.2      -2.0      -2.0      -2.0      -2.0      -8.2
     Reduce the                                                                                                 
     Marriage                                                                                                   
     Penalty.                                                                                                   
    C. Establishment                                                                                            
     of American                                                                                                
     Dream Savings                                                                                              
     Accounts and                                                                                               
     Spousal IRAs:                                                                                              
        1. American   1/1/96..............  ........       1.2       1.6       1.0       0.2      -2.0       2.0
         Dream                                                                                                  
         Savings                                                                                                
         Accounts.                                                                                              
        2. $2,000     1/1/96..............  ........     (\1\)      -0.1      -0.1      -0.1      -0.1      -0.5
         Spousal IRA.                                                                                           
                                           ---------------------------------------------------------------------
          Total,      ....................  ........      -3.7     -23.8     -25.2     -28.1     -30.9    -111.6
           title I.                                                                                             
                                           =====================================================================
Title II. Senior                                                                                                
 Citizens' Equity:                                                                                              
    A. Repeal of      1/1/96..............  ........      -0.5      -1.9      -3.2      -4.3      -5.6     -15.6
     Increase in Tax                                                                                            
     on Social                                                                                                  
     Security                                                                                                   
     Benefits (phase-                                                                                           
     in 75%, 65%,                                                                                               
     60%, 55%, 50%).                                                                                            
    B. Treatment of   1/1/96..............  ........      -0.9      -1.0      -1.2      -1.4      -1.6      -6.1
     Long-Term Care                                                                                             
     Insurance.                                                                                                 
    C. Tax Treatment  1/1/96..............  ........     (\1\)      -0.1      -0.1      -0.2      -0.2      -0.6
     of Accelerated                                                                                             
     Death Benefits                                                                                             
     under Life                                                                                                 
     Insurance                                                                                                  
     Contracts.                                                                                                 
                                           ---------------------------------------------------------------------
          Total,      ....................  ........      -1.4      -3.0      -4.5      -5.9      -7.4     -22.3
           title II.                                                                                            
                                           =====================================================================
Title III. Job                                                                                                  
 Creation and Wage                                                                                              
 Enhancement:                                                                                                   
    A. Capital Gains  1/1/95..............       0.3      11.3      -5.2     -10.4     -13.0     -14.9     -31.9
     Reforms:                                                                                                   
     Provisions in                                                                                              
     ``Contract''                                                                                               
     but (a)                                                                                                    
     indexing is not                                                                                            
     allowed to                                                                                                 
     create losses;                                                                                             
     (b) no indexing                                                                                            
     and max rate of                                                                                            
     25% for                                                                                                    
     corporations;                                                                                              
     (c)                                                                                                        
     collectibles--c                                                                                            
     hoice of                                                                                                   
     indexing or 28%                                                                                            
     max rate; (d)                                                                                              
     holding period                                                                                             
     for indexing of                                                                                            
     3 years; (e)                                                                                               
     indexing                                                                                                   
     applies only to                                                                                            
     assets acquired                                                                                            
     after 1994, but                                                                                            
     with an                                                                                                    
     election to                                                                                                
     mark-to-market                                                                                             
     for 1995; (f)                                                                                              
     net lease                                                                                                  
     exclusion                                                                                                  
     removed; and                                                                                               
     (g) other                                                                                                  
     miscellaneous                                                                                              
     changes.                                                                                                   
    B. Leasehold      lida 3/13/95........     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\2\)
     Improvements                                                                                               
     Provision.                                                                                                 
    C. Neutral Cost   ppisa 12/31/94......       1.2       9.2      10.0       6.3      -1.2      -8.8      16.7
     Recovery.                                                                                                  
    D. Corporate      generally 1/1/95 \3\      -0.8      -2.7      -3.6      -3.3      -3.7      -2.7     -16.9
     Alternative                                                                                                
     Minimum Tax                                                                                                
     (AMT) Reform:                                                                                              
     Prospective                                                                                                
     repeal of                                                                                                  
     corporate AMT                                                                                              
     and business                                                                                               
     preferences                                                                                                
     under the                                                                                                  
     individual AMT;                                                                                            
     Full repeal of                                                                                             
     the corporate                                                                                              
     AMT beginning                                                                                              
     in 2001.                                                                                                   
    E. Interaction    ....................       0.4       0.7       0.7       0.4       0.1     (\5\)       2.3
     Between Neutral                                                                                            
     Cost Recovery                                                                                              
     (C.) and                                                                                                   
     Corporate AMT                                                                                              
     (D.) Provisions                                                                                            
     \4\.                                                                                                       
    F. Debt           tyba DoE............     (\9\)     (\9\)     (\9\)     (\9\)     (\9\)     (\9\)     (\9\)
     Reduction                                                                                                  
     Checkoff and                                                                                               
     Trust Fund.                                                                                                
    G. Small                                                                                                    
     Business                                                                                                   
     Incentives:                                                                                                
        1. Increase   1/1/96..............  ........  ........      -1.4      -1.6      -1.8      -2.1      -6.8
         in unified                                                                                             
         estate and                                                                                             
         gift tax                                                                                               
         credits \6\.                                                                                           
        2. Increase   tyba 12/31/95.......  ........      -0.6      -1.4      -2.0      -2.1      -1.8      -7.8
         in expense                                                                                             
         treatment                                                                                              
         for small                                                                                              
         businesses                                                                                             
         ($22,500                                                                                               
         for 1996,                                                                                              
         $27,500 for                                                                                            
         1997,                                                                                                  
         $32,500 for                                                                                            
         1998, and                                                                                              
         $35,000 for                                                                                            
         1999 and                                                                                               
         thereafter).                                                                                           
        3.            1/1/96..............  ........      -0.1      -0.2      -0.2      -0.2      -0.2      -0.9
         Clarificati                                                                                            
         on of                                                                                                  
         definition                                                                                             
         of                                                                                                     
         principal                                                                                              
         place of                                                                                               
         business;                                                                                              
         Treatment                                                                                              
         of storage                                                                                             
         of product                                                                                             
         samples.                                                                                               
                                           ---------------------------------------------------------------------
          Total,      ....................       1.1      17.8      -1.1     -10.8     -21.9     -30.5     -45.3
           title III.                                                                                           
                                           =====================================================================
Title IV. Family                                                                                                
 Reinforcement:                                                                                                 
    A. Credit for     tyba 12/31/95.......  ........     (\1\)      -0.2      -0.2      -0.2      -0.2      -1.0
     Adoption                                                                                                   
     Expenses.                                                                                                  
    B. Credit for     tyba 12/31/95.......  ........      -0.1      -0.2      -0.2      -0.2      -0.2      -1.0
     Custodial Care                                                                                             
     of Certain                                                                                                 
     Elderly                                                                                                    
     Dependents in                                                                                              
     Taxpayer's Home.                                                                                           
                                           ---------------------------------------------------------------------
          Total,      ....................  ........      -0.1      -0.4      -0.4      -0.4      -0.4      -2.0
           title IV.                                                                                            
                     ----------------------=====================================================================
Title V. Social                                                                                                 
 Security                                                                                                       
 Provisions:                                                                                                    
    A. Modify Social  1/1/96..............  ........      -0.5      -1.1      -1.6      -2.1      -2.4      -7.6
     Security                                                                                                   
     Earnings                                                                                                   
     Limitations \7\.                                                                                           
                                           ---------------------------------------------------------------------
          Total,      ....................  ........      -0.5      -1.1      -1.6      -2.1      -2.4      -7.6
           title V.                                                                                             
                                           =====================================================================
Title VI. Technical                                                                                             
 Corrections:                                                                                                   
    A. Technical      ....................     (\5\)  ........  ........  ........  ........  ........     (\5\)
     Corrections                                                                                                
     Provisions.                                                                                                
                                           ---------------------------------------------------------------------
          Total,      ....................     (\5\)  ........  ........  ........  ........  ........     (\5\)
           title, VI.                                                                                           
                                           =====================================================================
          Total,      ....................       1.1      12.6     -28.3     -40.9     -56.4     -69.2    -181.2
           revenue                                                                                              
           provision                                                                                            
           s (titles                                                                                            
           I, II,                                                                                               
           III, IV,                                                                                             
           VI) \8\.                                                                                             
                                           =====================================================================
          Grand       ....................       1.1      12.1     -29.4     -42.5     -58.5     -71.6    -188.8
           total                                                                                                
           (all                                                                                                 
           titles) \                                                                                            
           8\.                                                                                                  
----------------------------------------------------------------------------------------------------------------
\1\ Loss of less than $50 million.                                                                              
\2\ Loss of less than $100 million.                                                                             
\3\ The Alternative Minimum Tax depreciation adjustment would be repealed for: (1) all property covered under   
  the Neutral Cost Recovery System; and (2) all other depreciable property placed in service after March 13,    
  1995.                                                                                                         
\4\ The positive interaction between these two provisions will go to zero if either of these provisions is      
  removed from the package.                                                                                     
\5\ Gain of less than $50 million.                                                                              
\6\ Beginning after 1998, estimate includes indexing of the following: (1) the $10,000 annual exclusions for    
  gifts; (2) the $750,000 ceiling amount on special use valuation under section 2032A of the Internal Revenue   
  Code; (3) the $1,000,000 generation-skipping transfer tax exemption; and (4) the value of closely held        
  business eligible for the special four-percent interest rate under section 6601(j) of the Internal Revenue    
  Code.                                                                                                         
\7\ Change in outlays supplied by the Congressional Budget Office.                                              
\8\ Total does not include all possible interaction among provisions.                                           
\9\ No revenue effect.                                                                                          
                                                                                                                
Legend for ``Effective'' column: tyba DoE=taxable years beginning after date of enactment; ppisa=property placed
  in service after; tyba=taxable years beginning after; lida=leasehold improvements disposed of after.          
                                                                                                                
Note.--Details may not add to totals due to rounding.                                                           
                                                                                                                
Source: Joint Committee on Taxation.                                                                            

              B. New Budget Authority and Tax Expenditures

Budget authority

    In compliance with subdivision (B) of clause 2(l)(3) of 
rule XI of the Rules of the House of Representatives, the 
Committee states that the outlay for the increase in the limit 
on Social Security earnings involves increased budget authority 
(amounts shown in the revenue table in IV.A., above).

Tax expenditures

    In compliance with subdivision (B) of clause 2(l)(3) of 
rule XI of the Rules of the House of Representatives, the 
Committee states that the revenue-reducing income tax 
provisions (other than the provision relating to the definition 
of principal place of business and treatment of storage of 
product samples) of the bill involve increased tax 
expenditures, and that the revenue-increasing income tax 
provisions involve reduced tax expenditures. (See specific 
amounts in the revenue table in IV.A., above.) The increase in 
the unified estate and gift tax credits is not treated as a tax 
expenditure, since under the Budget Act estate and gift tax 
changes are not considered as tax expenditures.

          C. Cost Estimate of the Congressional Budget Office

    In compliance with subdivision (C) of clause 2(l)(3) of 
rule XI of the Rules of the House of Representatives (requiring 
a cost estimate by the Congressional Budget Office), the 
following statement from the Congressional Budget Office is 
provided.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 16, 1995.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1215, the Contract 
With America Tax Relief Act of 1995, as ordered reported by the 
House Committee on Ways and Means on March 14, 1995.
    The bill would affect direct spending and receipts and thus 
would be subject to pay-as-you-go procedures under section 252 
of the Balanced Budget and Emergency Deficit Control Act of 
1985.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.
               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    1. Bill number: H.R. 1215.
    2. Bill title: Contract With America Tax Relief Act of 
1995.
    3. Bill status: As ordered reported by the Committee on 
Ways and Means on March 14, 1995.
    4. Bill purpose: The bill would provide for a family tax 
credit, establish American dream savings accounts, repeal a 
portion of the income tax on Social Security benefits, reduce 
the taxation of capital gains and index them for inflation, 
change depreciation rules, and make other changes in the 
Internal Revenue Code. It would also increase the exempt amount 
for the Social Security earnings test and establish a Public 
Debt Reduction Trust Fund.
    5. Estimated cost to the Federal Government:

Direct spending

    The bill would increase Social Security benefit payments, 
which are off-budget. The following table shows projected 
Social Security benefits under current law, the changes that 
would stem from the bill, and projected benefit payments if the 
bill were enacted.

                  SOCIAL SECURITY BENEFITS (OFF-BUDGET)                 
            [Outlays by fiscal years, in billions of dollars]           
------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
Projected Spending                                                      
 Under Current Law    329.7    347.5    366.5    386.5    407.7    430.3
Proposed Changes..        0      0.5      1.1      1.6      2.1      2.4
Projected Spending                                                      
 under H.R. 1215..    329.7    347.9    367.6    388.1    409.7    432.7
------------------------------------------------------------------------
Note.--Numbers may not add to totals due to rounding.                   

    The effects of this provision fall within budget function 
650.
    The bill would also phase out the increase in the taxation 
of Social Security benefits that was enacted in 1993. During 
the phase-out period, the part of the increase that remained 
would be allocated to the Social Security trust funds rather 
than to the Hospital Insurance trust fund. This reallocation 
would appear in the budget as a decrease in offsetting receipts 
(increase in net outlays) of the Hospital Insurance trust fund 
(which is on-budget) and a corresponding increase in the 
receipts (decrease in the net outlays) of the Social Security 
trust funds (which are off-budget). The following table shows 
these changes.

------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
Off-Budget........        0     -2.4     -2.4     -1.7     -1.0     -0.2
On-Budget.........        0      2.4      2.4      1.7      1.0      0.2
                   -----------------------------------------------------
      Total.......        0        0        0        0        0        0
------------------------------------------------------------------------

    The effects of this provision fall within budget functions 
570 and 650.

Revenues

    The bill would affect on-budget federal revenues. The 
following table shows projected revenues under current law, the 
changes that would stem from the bill, and projected revenues 
if the bill were enacted.

------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
Projected revenues                                                      
 under current law  1,355.2  1,417.7  1,475.5  1,546.4  1,618.3  1,697.5
Proposed changes                                                        
 (on-budget)......      1.1     12.6    -28.3    -40.9    -56.4    -69.2
Projected revenues                                                      
 under H.R. 1215..  1,356.3  1,430.3  1,447.2  1,505.5  1,561.9  1,628.3
------------------------------------------------------------------------

    6. Basis of estimate:

Direct spending

    Social Security Earnings Test. Title V of H.R. 1215 would 
relax the current limitations on the receipt of Social Security 
benefits for those aged 65-69 with earnings above a certain 
level. Under current law, individuals entitled to Social 
Security cash benefits may have their benefits reduced, or 
withheld completely, if their earnings exceed a specified 
exempt amount.
    In 1995, the law provides that Social Security 
beneficiaries under age 65 may earn up to $8,160 a year in 
wages or self-employment income without having their benefits 
affected. Those aged 65-69 can earn up to $11,280. The earnings 
test currently reduces benefits for those under age 65 by $1 
for each $2 of earnings above the exempt amount. Those aged 65-
69 lose $1 in benefits for each $3 of earnings above the exempt 
amount. The test does not apply to recipients over age 69. (A 
different and more stringent earnings restriction applies to 
recipients of Disability Insurance (DI) benefits and would be 
unaffected by proposed changes in the earnings test.) The 
exempt amounts rise each year at the same rate as average wages 
in the economy.
    Title V of H.R. 1215 would affect beneficiaries who have 
reached the normal retirement age, currently 65. Under this 
bill, the annual exempt amount for beneficiaries aged 65-69 
would be increased in stages during 1996-2000 to $30,000 in 
2000. The exempt amount would be increased automatically 
thereafter based on the increase in average wages. The ad hoc 
increases in the exempt amount under the bill are compared in 
the following table with the exempt amounts that are estimated 
to occur under current law.

------------------------------------------------------------------------
                Calendar year                  Current law    H.R. 1215 
------------------------------------------------------------------------
1995........................................       $11,280       $11,280
1996........................................        11,640        15,000
1997........................................        11,880        19,000
1998........................................        12,240        23,000
1999........................................        12,720        27,000
2000........................................        13,200        30,000
------------------------------------------------------------------------

    The legislation is estimated to increase outlays by $458 
million in 1996 rising to $2.415 billion in the year 2000. 
According to the Social Security Administration, in 1996 an 
estimated 720,000 Social Security beneficiaries would receive 
additional benefits under the proposal. In 2000, when the 
proposal would be fully phased in, roughly 800,000 
beneficiaries would be so affected.
    Raising the earnings test exempt amount could result in 
behavioral responses that lead to an increase in earnings of 
those 65 and over, but empirical research suggests that the 
response is likely to be relatively small. Although the 
proposed increase in the earnings test is larger than past 
increases, two considerations reinforce this conclusion. First, 
Social Security beneficiaries who have already reduced their 
hours of work on account of the earnings test may not be 
inclined to increase their work effort or may find limited 
opportunities to do so. Therefore, any increase in work effort 
may be largely confined to newly eligible beneficiaries. 
Second, two scheduled changes in Social Security will reduce 
the impact of changing the earnings test. The increase in the 
normal retirement age for workers who reach age 62 in 2000 and 
thereafter will reduce the number of years during which the 
proposed increases in the exempt amount will apply. Also, the 
amount of the delayed retirement credit is being gradually 
increased, so that in 2005 and thereafter the expected amount 
of the credit will fully offset the amount of benefits withheld 
on account of the earnings test.
    Public Debt Reduction Trust Fund. Subtitle D of H.R. 1215 
would establish a public debt reduction checkoff and trust 
fund. Enactment of this provision would have no effect on 
either revenues or outlays. The proposal would permit 
individual taxpayers to dedicate up to 10 percent of income tax 
liability into a ``Public Debt Reduction Trust Fund'' by means 
of a checkoff on their tax returns. The checkoff would neither 
increase nor decrease the amount of taxes paid by the taxpayer. 
Furthermore, the amount dedicated to the trust fund would have 
no effect on current law spending obligations of the federal 
government and would not directly constrain future 
appropriations or direct spending legislation. Because expected 
deficits would not change as a result of enactment of Subtitle 
D, the total amount of debt issued and redeemed would not be 
affected.

Revenues

    The revenue estimates were prepared by the Joint Committee 
on Taxation (see attached table). For information on the 
estimating assumptions, see Joint Committee on Taxation, 
``Analysis of Estimated Effects on Fiscal Year Budget Receipts 
of the Revenue Provisions in the Contract With America'' (JCX-
4-95), February 6, 1995, and Joint Committee on Taxation, 
``Description of the Contract With America Tax Relief Act of 
1995'' (JCX-9-95), March 9, 1995.
    7. Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act of 1985 sets up pay-as-you-go 
procedures for legislation affecting direct spending or 
receipts through 1998. Changes in Social Security are excluded 
from the pay-as-you-go calculations. The pay-as-you-go effects 
of the bill are as follows.

------------------------------------------------------------------------
                          1995         1996         1997         1998   
------------------------------------------------------------------------
Outlays.............            0          2.4          2.4          1.7
Receipts............          1.1         12.6        -28.3        -40.9
------------------------------------------------------------------------

    8. Estimated cost to State and local governments: H.R. 1215 
mandates no new or additional spending by state and local 
governments. Tax receipts could be affected in states whose 
income taxes are tied to provisions of the federal income tax.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Wayne Boyington (Social Security) 
Daniel Kowalski (Debt Reduction Trust Fund) Richard Kasten 
(Payments to OASDI and HI Trust Funds)
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.
     V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE

          A. Committee Oversight Findings and Recommendations

    With respect to subdivision (A) of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives (relating to 
oversight findings), the Committee advises that it was as a 
result of the Committee's oversight activities concerning the 
taxation of the family, taxation of savings and investment, 
capital cost recovery, the alternative minimum tax, the tax 
treatment of leasehold improvements, taxation of social 
security benefits, the tax treatment of long-term care 
insurance and accelerated death benefits under life insurance 
contracts, the unified estate and gift tax credits, expensing 
deduction for small business, the tax treatment of home office 
expenses and storage of product samples, the debt reduction 
checkoff and trust fund, increase in Social Security earnings 
limit, and technical corrections to recent tax legislation that 
the Committee concluded it is appropriate to enact the 
provisions contained in the bill as reported. (See also Parts 
I.B and I.C of this report for a discussion of the background 
and purpose of the bill and the legislative history and 
hearings held on the provisions included in the bill.)

 B. Findings and Recommendations of the Committee on Government Reform 
                             and Oversight

    With respect to subdivision (D) of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, the Committee 
advises that no oversight findings or recommendations have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight with respect to the provisions contained 
in this bill.

                    C. Inflationary Impact Statement

    In compliance with clause 2(l)(4) of Rule XI of the Rules 
of the House of Representatives, the Committee makes the 
following statement concerning the possible inflationary impact 
of the bill.
    The estimated revenue reductions in the bill as reported 
(see Part IV.A of this report) are expected to be fully offset 
by spending reductions in other legislation to be considered by 
the House of Representatives along with the provisions of this 
bill (H.R. 1215). Thus, the combined tax reduction provisions 
of this bill and the expected spending reduction legislation 
are projected to not result in an increase in the overall 
Federal deficit or an overall inflationary impact on prices in 
the operation of the nation's economy.
        VI. CHANGES IN EXISTING LAW MADE BY THE BILL AS REPORTED

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                     INTERNAL REVENUE CODE OF 1986

          * * * * * * *
                        Subtitle A--Income Taxes

                  CHAPTER 1--NORMAL TAXES AND SURTAXES

              Subchapter A--Determination of Tax Liability

          * * * * * * *

                       PART I--TAX ON INDIVIDUALS

          * * * * * * *

SECTION 1. TAX IMPOSED.

  (a) * * *
          * * * * * * *
  (g) Certain Unearned Income of Minor Children Taxed as if 
Parent's Income.--
          (1) * * *
          * * * * * * *
          (7) Election to claim certain unearned income of 
        child on parent's return.--
                  (A) In general.--If--
                          (i) any child to whom this subsection 
                        applies has gross income for the 
                        taxable year only from interest and 
                        dividends (including Alaska Permanent 
                        Fund dividends),
                          [(ii) such gross income is more than 
                        $500 and less than $5,000,]
                          (ii) such gross income is more than 
                        the amount described in paragraph 
                        (4)(A)(ii)(I) and less than 10 times 
                        the amount so described,
          * * * * * * *
                  (B) Income included on parent's return.--In 
                the case of a parent making the election under 
                this paragraph--
                          (i) the gross income of each child to 
                        whom such election applies (to the 
                        extent the gross income of such child 
                        exceeds [$1,000] twice the amount 
                        described in paragraph (4)(A)(ii)(I) 
                        shall be included in such parent's 
                        gross income for the taxable year,
                          (ii) the tax imposed by this section 
                        for such year with respect to such 
                        parent shall be the amount equal to the 
                        sum of--
                                  (I) the amount determined 
                                under this section after the 
                                application of clause (i), plus
                                  [(II) for each such child, 
                                the lesser of $75 or 15 percent 
                                of the excess of the gross 
                                income of such child over $500, 
                                and]
                                  (II) for each such child, 15 
                                percent of the lesser of the 
                                amount described in paragraph 
                                (4)(A)(ii)(I) or the excess of 
                                the gross income of such child 
                                over the amount so described, 
                                and
          * * * * * * *
  [(h) Maximum Capital Gains Rate.--If a taxpayer has a net 
capital gain for any taxable year, then the tax imposed by this 
section shall not exceed the sum of--
          [(1) a tax computed at the rates and in the same 
        manner as if this subsection had not been enacted on 
        the greater of--
                  [(A) taxable income reduced by the amount of 
                the net capital gain, or
                  [(B) the amount of taxable income taxed at a 
                rate below 28 percent, plus
          [(2) a tax of 28 percent of the amount of taxable 
        income in excess of the amount determined under 
        paragraph (1).
[For purposes of the preceding sentence, the net capital gain 
for any taxable year shall be reduced (but not below zero) by 
the amount which the taxpayer elects to take into account as 
investment income for the taxable year under section 
163(d)(4)(B)(iii).]
                       PART IV--CREDITS AGAINST TAX

          * * * * * * *

               Subpart A--Nonrefundable Personal Credits
        Sec. 21. Expenses for household and dependent care services 
                  necessary for gainful employment.
        Sec. 23. Family tax credit.
        Sec. 24. Credit to reduce marriage penalty.
        Sec. 25A. Adoption expenses.
        Sec. 25B. Credit for taxpayers with certain persons requiring 
                  custodial care in their households.
          * * * * * * *
SEC. 23. FAMILY TAX CREDIT.

  (a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for the taxable year an 
amount equal to $500 multiplied by the number of qualifying 
children of the taxpayer.
  (b) Limitation.--The amount of credit which would (but for 
this subsection) be allowed by subsection (a) shall be reduced 
(but not below zero) by an amount which bears the same ratio to 
such amount of credit as--
          (1) the excess (if any) of the taxpayer's adjusted 
        gross income (determined without regard to sections 
        911, 931, and 933) over $200,000, bears to
          (2) an amount equal to 100 times the dollar amount in 
        effect under subsection (a) for the taxable year.
  (c) Qualifying Child.--For purposes of this section--
          (1) In general.--The term ``qualifying child'' means 
        any individual if--
                  (A) the taxpayer is allowed a deduction under 
                section 151 with respect to such individual for 
                such taxable year,
                  (B) such individual has not attained the age 
                of 18 as of the close of the calendar year in 
                which the taxable year of the taxpayer begins, 
                and
                  (C) such individual bears a relationship to 
                the taxpayer described in section 32(c)(3)(B) 
                (determined without regard to clause (ii) 
                thereof).
          (2) Exception for certain noncitizens.--The term 
        ``qualifying child'' shall not include any individual 
        who would not be a dependent if the first sentence of 
        section 152(b)(3) were applied without regard to all 
        that follows ``resident of the United States''.
  (d) Inflation Adjustments.--
          (1) In general.--In the case of a taxable year 
        beginning in a calendar year after 1996, the $500 and 
        $200,000 amounts contained in subsections (a) and (b) 
        shall each be increased by an amount equal to--
                  (A) such dollar amount, multiplied by
                  (B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in 
                which the taxable year begins, determined by 
                substituting ``calendar year 1995'' for 
                ``calendar year 1992'' in subparagraph (B) 
                thereof.
          (2) Rounding.--If any amount as adjusted under 
        paragraph (1) is not a multiple of $50, such amount 
        shall be rounded to the nearest multiple of $50.
  (e) Certain Other Rules Apply.--Rules similar to the rules of 
subsections (d) and (e) of section 32 shall apply for purposes 
of this section.

SEC. 24. CREDIT TO REDUCE MARRIAGE PENALTY.

  (a) Allowance of Credit.--In the case of a joint return for 
the taxable year, there shall be allowed as a credit against 
the tax imposed by this chapter for such taxable year an amount 
equal to the marriage penalty reduction credit.
  (b) Limitations.--
          (1) Dollar limitation.--The amount of credit allowed 
        by subsection (a) for the taxable year shall not exceed 
        $145.
          (2) Credit disallowed for individuals claiming 
        section 911, etc.--No credit shall be allowed under 
        this section for any taxable year if either spouse 
        claims the benefits of section 911, 931, or 933 for 
        such taxable year.
  (c) Marriage Penalty Reduction Credit.--For purposes of this 
section--
          (1) In general.--The marriage penalty reduction 
        credit is an amount equal to the excess (if any) of--
                  (A) the joint tax amount of the taxpayer, 
                over
                  (B) the sum of the unmarried tax amounts for 
                each spouse.
          (2) Unmarried tax amount.--For purposes of paragraph 
        (1), the unmarried tax amount, with respect to an 
        individual, is the amount of tax which would be imposed 
        by section 1(c) if such individual's taxable income 
        were equal to the excess (if any) of--
                  (A) such individual's qualified earned income 
                for the taxable year, over
                  (B) the sum of--
                          (i) an amount equal to the basic 
                        standard deduction under section 
                        63(c)(2)(C) for the taxable year, plus
                          (ii) the exemption amount (as defined 
                        in section 151(d)) for such taxable 
                        year.
          (3) Joint tax amount.--For purposes of paragraph (1), 
        the joint tax amount is the amount of tax which would 
        be imposed by section 1(a) if the taxpayer's taxable 
        income were equal to the excess (if any) of--
                  (A) the taxpayer's qualified earned income 
                for the taxable year, over
                  (B) the sum of--
                          (i) an amount equal to the basic 
                        standard deduction under section 
                        63(c)(2)(A) for the taxable year, plus
                          (ii) an amount equal to twice the 
                        exemption amount (as so defined) for 
                        such taxable year.
  (d) Qualified Earned Income.--For purposes of this section--
          (1) In general.--The term ``qualified earned income'' 
        means an amount equal to the excess (if any) of--
                  (A) the earned income for the taxable year, 
                over
                  (B) an amount equal to the sum of the 
                deductions described in paragraphs (1), (2), 
                (6), (7), and (12) of section 62(a) to the 
                extent that such deductions are properly 
                allocable to or chargeable against earned 
                income for such taxable year.
        The amount of qualified earned income shall be 
        determined without regard to any community property 
        laws.
          (2) Earned income.--For purposes of paragraph (1)--
                  (A) In general.--The term ``earned income'' 
                means income which is earned income within the 
                meaning of section 401(c)(2)(C) or 911(d)(2) 
                (determined without regard to the phrase ``not 
                in excess of 30 percent of his share of the net 
                profits of such trade or business'' in 
                subparagraph (B) thereof).
                  (B) Exception.--Such term shall not include 
                any amount--
                          (i) not includible in gross income,
                          (ii) received as a pension or 
                        annuity,
                          (iii) paid or distributed out of an 
                        individual retirement plan (within the 
                        meaning of section 7701(a)(37)),
                          (iv) received as deferred 
                        compensation, or
                          (v) received for services performed 
                        by an individual in the employ of the 
                        spouse (within the meaning of section 
                        3121(b)(3)(A)).
  (e) Amount of Credit To Be Determined Under Tables.--
          (1) In general.--The amount of the credit allowed by 
        this section shall be determined under tables 
        prescribed by the Secretary.
          (2) Requirements for tables.--The tables prescribed 
        under paragraph (1) shall reflect the provisions of 
        subsection (c) and shall round to the nearest $25 any 
        amount of credit which is less than the maximum credit 
        under subsection (b)(1).

SEC. 25A. ADOPTION EXPENSES.

  (a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this 
chapter for the taxable year the amount of the qualified 
adoption expenses paid or incurred by the taxpayer during such 
taxable year.
  (b) Limitations.--
          (1) Dollar limitation.--The aggregate amount of 
        qualified adoption expenses which may be taken into 
        account under subsection (a) with respect to the 
        adoption of a child shall not exceed $5,000.
          (2) Income limitation.--The amount allowable as a 
        credit under subsection (a) for any taxable year shall 
        be reduced (but not below zero) by an amount which 
        bears the same ratio to the amount so allowable 
        (determined without regard to this paragraph but with 
        regard to paragraph (1)) as--
                  (A) the amount (if any) by which the 
                taxpayer's adjusted gross income (determined 
                without regard to sections 911, 931, and 933) 
                exceeds $60,000, bears to
                  (B) $40,000.
          (3) Denial of double benefit.--
                  (A) In general.--No credit shall be allowed 
                under subsection (a) for any expense for which 
                a deduction or credit is allowable under any 
                other provision of this chapter.
                  (B) Grants.--No credit shall be allowed under 
                subsection (a) for any expense to the extent 
                that funds for such expense are received under 
                any Federal, State, or local program. The 
                preceding sentence shall not apply to expenses 
                for the adoption of a child with special needs.
  (c) Definitions.--For purposes of this section--
          (1) Qualified adoption expenses.--
                  (A) In general.--The term ``qualified 
                adoption expenses'' means reasonable and 
                necessary adoption fees, court costs, attorney 
                fees, and other expenses--
                          (i) which are directly related to, 
                        and the principal purpose of which is 
                        for, the legal adoption of an eligible 
                        child by the taxpayer, and
                          (ii) which are not incurred in 
                        violation of State or Federal law or in 
                        carrying out any surrogate parenting 
                        arrangement.
                  (B) Expenses for adoption of spouse's child 
                not eligible.--The term ``qualified adoption 
                expenses'' shall not include any expenses in 
                connection with the adoption by an individual 
                of a child who is the child of such 
                individual's spouse.
          (2) Eligible child.--The term ``eligible child'' 
        means any individual--
                  (A) who has not attained age 18 as of the 
                time of the adoption, or
                  (B) who is physically or mentally incapable 
                of caring for himself.
          (3) Child with special needs.--The term ``child with 
        special needs'' means any child if--
                  (A) a State has determined that the child 
                cannot or should not be returned to the home of 
                his parents, and
                  (B) such State has determined that there 
                exists with respect to the child a specific 
                factor or condition (such as his ethnic 
                background, age, or membership in a minority or 
                sibling group, or the presence of factors such 
                as medical conditions or physical, mental, or 
                emotional handicaps) because of which it is 
                reasonable to conclude that such child cannot 
                be placed with adoptive parents without 
                providing adoption assistance.
  (d) Married Couples Must File Joint Returns, Etc.--Rules 
similar to the rules of paragraphs (2), (3), and (4) of section 
21(e) shall apply for purposes of this section.

SEC. 25B. CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING CUSTODIAL 
                    CARE IN THEIR HOUSEHOLDS.

  (a) Allowance of Credit.--In the case of an individual who 
maintains a household which includes as a member one or more 
qualified persons, there shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year an amount 
equal to $500 for each such person.
  (b) Qualified Person.--For purposes of this section, the term 
``qualified person'' means any individual--
          (1) who is a father or mother of the taxpayer, his 
        spouse, or his former spouse or who is an ancestor of 
        such a father or mother,
          (2) who is physically or mentally incapable of caring 
        for himself,
          (3) who has as his principal place of abode for more 
        than half of the taxable year the home of the taxpayer, 
        and
          (4) whose name and TIN are included on the taxpayer's 
        return for the taxable year.
For purposes of paragraph (1), a stepfather or stepmother shall 
be treated as a father or mother.
  (c) Special Rules.--For purposes of this section, rules 
similar to the rules of paragraphs (1), (2), (3), and (4) of 
section 21(e) shall apply.
                  Subpart B--Foreign Tax Credit, Etc.

          * * * * * * *

SEC. 30. CREDIT FOR QUALIFIED ELECTRIC VEHICLES.

  (a) * * *
          * * * * * * *
  (d) Special Rules.--
          (1) Basis reduction.--The basis of any property for 
        which a credit is allowable under subsection (a) shall 
        be reduced by the amount of such credit (determined 
        without regard to subsection (b)(3)).
          * * * * * * *
          (4) Election to not take credit.--No credit shall be 
        allowed under subsection (a) for any vehicle if the 
        taxpayer elects to not have this section apply to such 
        vehicle.
          * * * * * * *
                  Subpart D--Business related Credits

          * * * * * * *

SEC. 38. GENERAL BUSINESS CREDIT.

  (a) * * *
          * * * * * * *
  (c) Limitation Based on Amount of Tax.--
          (1) * * *
          (2) Special Rules.--
                  (A) * * *
          * * * * * * *
                  (C) Limitations with respect to certain 
                persons.--In the case of a person described in 
                subparagraph (A) or (B) of section 46(e)(1) (as 
                in effect on the day before the date of the 
                enactment of the Revenue Reconciliation Act of 
                1990), the $25,000 amount specified under 
                subparagraph (B) of paragraph (1) shall equal 
                such person's ratable share (as determined 
                under section 46(e)(2) (as so in effect) of 
                such amount and without regard to the deduction 
                under section 56(h).
          * * * * * * *
SEC. 39. CARRYBACK AND CARRYFORWARD OF UNUSED CREDITS

  (a) * * *
          * * * * * * *
  (d) Transitional Rules.--
          (1) * * *
          * * * * * * *
          (5) No carryback of section [45] 45a credit before 
        enactment.--No portion of the unused business credit 
        for any taxable year which is attributable to the 
        Indian employment credit determined under section 45A 
        may be carried to a taxable year ending before the date 
        of the enactment of section 45A.
          (6) No carryback of section [45] 45b credit before 
        enactment.--No portion of the unused business credit 
        for any taxable year which is attributable to the 
        employer social security credit determined under 
        section 45B may be carried back to a taxable year 
        ending before the date of the enactment of section 45B.
          * * * * * * *
SEC. 40. ALCOHOL USED AS FUEL.

  (a) * * *
          * * * * * * *
  (e) Termination.--
          (1) In general.--This section shall not apply to any 
        sale or use.--
                  (A) for any period after December 31, 2000, 
                or
                  [(B) for any period before January 1, 2001, 
                during which the Highway Trust Fund financing 
                rate under section 4081(a)(2) is not in 
                effect.]
                  (B) for any period before January 1, 2001, 
                during which the rates of tax under section 
                4081(a)(2)(A) are 4.3 cents per gallon.
          * * * * * * *

SEC. 42. LOW-INCOME HOUSING CREDIT.

  (a) * * *
          * * * * * * *
  (c) Qualified Basis; Qualified Low-Income Building.--For 
purposes of this section--
          (1) * * *
          (2) Qualified low-income building.--The term 
        ``qualified low-income building'' means any building--
                  (A) which is part of a qualified low-income 
                housing project at all times during the 
                period--
                          (i) beginning on the 1st day in the 
                        compliance period on which such 
                        building is part of such a project, and
                          (ii) ending on the last day of the 
                        compliance period with respect to such 
                        building, and
                  (B) to which the amendments made by section 
                201(a) of the Tax Reform Act of 1986 apply.
  Such term does not include any building with respect to which 
moderate rehabilitation assistance is provided, at any time 
during the compliance period, under section 8(e)(2) of the 
United States Housing Act of 1937 (other than assistance under 
the Stewart B. McKinney Homeless Assistance Act [of 1988] (as 
in effect on the date of enactment of this sentence)).
          * * * * * * *

            Subpart E--Rules for Computing Investment Credit

          * * * * * * *
SEC. 50. OTHER SPECIAL RULES.

  (a) Recapture in Case of Dispositions, Etc.--Under 
regulations prescribed by the Secretary--
          (1) * * *
          (2) Property ceases to qualify for progress 
        expenditures.--
                  (A) * * *
          * * * * * * *
                  (C) Certain sales and leasebacks.--Under 
                regulations prescribed by the Secretary, a sale 
                by, and leaseback to, a taxpayer who, when the 
                property is placed in service, will be a lessee 
                to whom the rules referred to in [subsection 
                (c)(4)] subsection (d)(5) apply shall not be 
                treated as a cessation described in 
                subparagraph (A) to the extent that the amount 
                which will be passed through to the lessee 
                under such rules with respect to such property 
                is not less than the qualified rehabilitation 
                expenditures properly taken into account by the 
                lessee under section 47(d) with respect to such 
                property.
          * * * * * * *
                  (E) Special rules.--Rules similar to the 
                rules of this paragraph shall apply in cases 
                where qualified progress expenditures were 
                taken into account under the rules referred to 
                in [section 48(a)(5)(A)] section 48(a)(5).
          * * * * * * *
   Subpart G--Credit Against Regular Tax for Prior Year Minimum Tax 
                               Liability

          * * * * * * *

SEC. 53. CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY.

  (a) * * *
          * * * * * * *
  [(c) Limitation.--The credit allowable under subsection (a) 
for any taxable year shall not exceed the excess (if any) of--
          [(1) the regular tax liability of the taxpayer for 
        such taxable year reduced by the sum of the credits 
        allowable under subparts A, B, D, E, and F of this 
        part, over
          [(2) the tentative minimum tax for the taxable year.]
  (c) Limitation.--The credit allowable under subsection (a) 
for any taxable year shall not exceed the lesser of--
          (1) the excess (if any) of--
                  (A) the regular tax liability of the taxpayer 
                for such taxable year reduced by the sum of the 
                credits allowable under subparts A, B, D, E, 
                and F of this part, over
                  (B) the tentative minimum tax for the taxable 
                year, or
          (2) 90 percent of the amount determined under 
        paragraph (1)(A).
  (d) Definitions.--For purposes of this section--
          (1) Net minimum tax.--
                  (A) In general.--The term ``net minimum tax'' 
                means the tax imposed by section 55.
                  (B) Credit not allowed for exclusion 
                preferences.--
                          (i) * * *
          * * * * * * *
                          (iv) Credit allowable for exclusion 
                        preferences of corporations.--In the 
                        case of a corporation--
                                  (I) the preceding provisions 
                                of this subparagraph shall not 
                                apply, and
                                  [(II) the adjusted net 
                                minimum tax for any taxable 
                                year is the amount of the net 
                                minimum tax for such year 
                                increased by the amount of any 
                                credit not allowed under 
                                section 29 solely by reason of 
                                the application of section 
                                29(b)(5)(B) or not allowed 
                                under section 28 solely by 
                                reason of the application of 
                                section 28(d)(2)(B).]
                                  (II) the adjusted net minimum 
                                tax for any taxable year is the 
                                amount of the net minimum tax 
                                for such year increased in the 
                                manner provided in clause 
                                (iii).
          * * * * * * *
                    PART VI--ALTERNATIVE MINIMUM TAX

          * * * * * * *

SEC. 55. ALTERNATIVE MINIMUM TAX IMPOSED.

  (a) General Rule.--There is hereby imposed (in addition to 
any other tax imposed by this subtitle) a tax equal to the 
excess (if any) of--
          (1) the tentative minimum tax for the taxable year, 
        over
          (2) the regular tax for the taxable year.
In the case of a corporation, the tentative minimum tax for any 
taxable year beginning after December 31, 2000, shall be zero.
          * * * * * * *

SEC. 56. ADJUSTMENTS IN COMPUTING ALTERNATIVE MINIMUM TAXABLE INCOME.

  (a) Adjustments Applicable to All Taxpayers.--In determining 
the amount of the alternative minimum taxable income for any 
taxable year the following treatment shall apply (in lieu of 
the treatment applicable for purposes of computing the regular 
tax):
          (1) Depreciation.--
                  (A) In general.--
                          (i) Property other than certain 
                        personal property.--Except as provided 
                        in clause (ii), the depreciation 
                        deduction allowable under section 167 
                        with respect to any tangible property 
                        placed in service after December 31, 
                        1986, and before March 14, 1995, shall 
                        be determined under the alternative 
                        system of section 168(g).
                          (ii) 150-percent declining balance 
                        method for certain property.--The 
                        method of depreciation used shall be--
                                  (I) the 150 percent declining 
                                balance method,
                                  (II) switching to the 
                                straight line method for the 
                                1st taxable year for which 
                                using the straight line method 
                                with respect to the adjusted 
                                basis as of the beginning of 
                                the year will yield a higher 
                                allowance.
                        The preceding sentence shall not apply 
                        to any section 1250 property (as 
                        defined in section 1250(c)) or to any 
                        other property if the depreciation 
                        deduction determined under section 168 
                        with respect to such other property for 
                        purposes of the regular tax is 
                        determined by using the straight line 
                        method.
                  (B) Exception for certain property.--This 
                paragraph shall not apply to property described 
                in paragraph (1), (2), (3), or (4) of section 
                168(f).
                  (C) Coordination with transitional rules.--
                          (i) In general.--This paragraph shall 
                        not apply to property placed in service 
                        after December 31, 1986, to which the 
                        amendments made by section 201 of the 
                        Tax Reform Act of 1986 do not apply by 
                        reason of section 203, 204, or 251(d) 
                        of such Act.
                          (ii) Treatment of certain property 
                        placed in service before 1987.--This 
                        paragraph shall apply to any property 
                        to which the amendments made by section 
                        201 of the Tax Reform Act of 1986 apply 
                        by reason of an election under section 
                        203(a)(1)(B) of such Act without regard 
                        to the requirement of subparagraph (A) 
                        that the property be placed in service 
                        after December 31, 1986.
                  (D) Normalization rules.--With respect to 
                public utility property described in section 
                168(i)(10), the Secretary shall prescribe the 
                requirements of a normalization method of 
                accounting for this section.
                  (E) Use of neutral cost recovery ratio.--This 
                paragraph shall not apply to property to which 
                section 168(k) applies.
          (2) Mining exploration and development costs.--
                  (A) In general.--With respect to each mine or 
                other natural deposit (other than an oil, gas, 
                or geothermal well) of the taxpayer, the amount 
                allowable as a deduction under section 616(a) 
                or 617(a) (determined without regard to section 
                291(b)) in computing the regular tax for costs 
                paid or incurred after December 31, 1986, and 
                before January 1, 1996, shall be capitalized 
                and amortized ratably over the 10-year period 
                beginning with the taxable year in which the 
                expenditures were made.
          * * * * * * *
          (3) Treatment of certain long-term contracts.--In the 
        case of any long-term contract entered into by the 
        taxpayer on or after March 1, 1986, and before January 
        1, 1996, the taxable income from such contract shall be 
        determined under the percentage of completion method of 
        accounting (as modified by section 460(b)). For 
        purposes of the preceding sentence, in the case of a 
        contract described in section 460(e)(1), the percentage 
        of the contract completed shall be determined under 
        section 460(b)(2) by using the simplified procedures 
        for allocation of costs prescribed under section 
        460(b)(4). The first sentence of this paragraph shall 
        not apply to any home construction contract (as defined 
        in section 460(e)(6)).
          * * * * * * *
          (5) Pollution control facilities.--In the case of any 
        certified pollution control facility placed in service 
        after December 31, 1986, and before January 1, 1996, 
        the deduction allowable under section 169 (without 
        regard to section 291) shall be determined under the 
        alternative system of section 168(g).
          (6) Installment sales of certain property.--In the 
        case of any disposition after March 1, 1986, and before 
        January 1, 1996, of any property described in section 
        1221(1), income from such disposition shall be 
        determined without regard to the installment method 
        under section 453. This paragraph shall not apply to 
        any disposition with respect to which an election is in 
        effect under section 453(l)(2)(B).
          * * * * * * *
  (b) Adjustments Applicable to Individuals.--In determining 
the amount of the alternative minimum taxable income of any 
taxpayer (other than a corporation), the following treatment 
shall apply (in lieu of the treatment applicable for purposes 
of computing the regular tax):
          (1) * * *
          (2) Circulation and research and experimental 
        expenditures.--
                  (A) In general.--The amount allowable as a 
                deduction under section 173 or 174(a) in 
                computing the regular tax for amounts paid or 
                incurred after December 31, 1986, and before 
                January 1, 1996, shall be capitalized and--
                          (i) in the case of circulation 
                        expenditures described in section 173, 
                        shall be amortized ratably over the 3-
                        year period beginning with the taxable 
                        year in which the expenditures were 
                        made, or
                          (ii) in the case of research and 
                        experimental expenditures described in 
                        section 174(a), shall be amortized 
                        ratably over the 10-year period 
                        beginning with the taxable year in 
                        which the expenditures were made.
          * * * * * * *
  (c) Adjustments Applicable to Corporations.--In determining 
the amount of the alternative minimum taxable income of a 
corporation, the following treatment shall apply:
          (1) Adjustment for adjusted current earnings.--
        Alternative minimum taxable income shall be adjusted as 
        provided in subsection (g).
          (2) Merchant marine capital construction funds.--In 
        the case of a capital construction fund established 
        under section 607 of the Merchant Marine Act, 1936 (46 
        U.S.C. 1177)--
                  (A) subparagraphs (A), (B), and (C) of 
                section 7518(c)(1) (and the corresponding 
                provisions of such section 607) shall not apply 
                to--
                          (i) any amount deposited in such fund 
                        after December 31, 1986, and before 
                        January 1, 1996, or
                          (ii) any earnings (including gains 
                        and losses) after December 31, 1986, 
                        and before January 1, 1996, on amounts 
                        in such fund, and
                  (B) no reduction in basis shall be made under 
                section 7518(f) (or the corresponding 
                provisions of such section 607) with respect to 
                the withdrawal from the fund of any amount to 
                which subparagraph (A) applies.
        [For purposes of this paragraph, any withdrawal of 
        deposits or earnings from the fund shall be treated as 
        allocable first to deposits made before (and earnings 
        received or accrued before) January 1, 1987.]
        For purposes of this paragraph, any withdrawal of 
        deposit or earnings from the fund shall be treated as 
        allocable to deposits made, and earnings received or 
        accrued, in the order in which made, received, or 
        accrued.
          (3) Special deduction for certain organizations not 
        allowed.--The deduction determined under section 833(b) 
        shall not be allowed. This paragraph shall not apply to 
        any taxable year beginning after December 31, 1995.
  (d) Alternative Tax Net Operating Loss Deduction Defined.--
          (1) In general.--For purposes of subsection (a)(4), 
        the term ``alternative tax net operating loss 
        deduction'' means the net operating loss deduction 
        allowable for the taxable year under section 172, 
        except that--
                  (A) the amount of such deduction shall not 
                exceed 90 percent (100 percent in the case of 
                taxable years beginning after December 31, 
                1995) of alternate minimum taxable income 
                determined without regard to such deduction, 
                and
                  (B) in determining the amount of such 
                deduction--
                          (i) the net operating loss (within 
                        the meaning of section 172(c)) for any 
                        loss year shall be adjusted as provided 
                        in paragraph (2), and
                          [(ii) in the case of taxable years 
                        beginning after December 31, 1986, 
                        section 172(b)(2) shall be applied by 
                        substituting ``90 percent of 
                        alternative minimum taxable income 
                        determined without regard to the 
                        alternative tax net operating loss 
                        deduction'' for ``taxable income'' each 
                        place it appears.]
                          (ii) appropriate adjustments in the 
                        application of section 172(b)(2) shall 
                        be made to take into account the 
                        limitation of subparagraph (A).
          * * * * * * *
  (g) Adjustments Based on Adjusted Current Earnings.--
          (1) * * *
          * * * * * * *
          (4) Adjustments.--In determining adjusted current 
        earnings, the following adjustments shall apply:
                  (A) Depreciation.--
                          (i) Property placed in service after 
                        1989.--The depreciation deduction with 
                        respect to any property placed in 
                        service in a taxable year beginning 
                        after 1989 shall be determined under 
                        the alternative system of section 
                        168(g). The preceding sentence shall 
                        not apply to any property placed in 
                        service after December 31, 1993, and 
                        the depreciation deduction with respect 
                        to such property shall be determined 
                        under the rules of subsection 
                        (a)(1)[(A)].
          * * * * * * *
                  (B) Inclusion of items included for purposes 
                of computing earnings and profits.--
                          (i) * * *
          * * * * * * *
                          (iii) Termination.--This subparagraph 
                        shall not apply to any taxable year 
                        beginning after December 31, 1995.
                  (C) Disallowance of items not deductible in 
                computing earnings and profits.
                          (i) In general.--A deduction shall 
                        not be allowed for any item if such 
                        item would not be deductible for any 
                        taxable year for purposes of computing 
                        earnings and profits.
                          (ii) Special rule for certain 
                        dividends.--
                                  (I) * * *
                                  (II) 100-percent dividend.--
                                For purposes [of the subclause] 
                                of subclause (I), the term 
                                ``100 percent dividend'' means 
                                any dividend if the percentage 
                                used for purposes of 
                                determining the amount 
                                allowable as a deduction under 
                                section 243 or 245 with respect 
                                to such dividend is 100 
                                percent.
          * * * * * * *
                          (v) Neutral cost recovery 
                        deduction.--Clause (i) shall not apply 
                        to the additional deduction allowable 
                        by reason of section 168(k).
                          (v) Termination.--This subparagraph 
                        shall not apply to any taxable year 
                        beginning after December 31, 1995.
                  (D) Certain other earnings and profits 
                adjustments.--
                          (i) Intangible drilling costs.--The 
                        adjustments provided in section 
                        312(n)(2)(A) shall apply in the case of 
                        amounts paid or incurred in taxable 
                        years beginning after December 31, 
                        1989. In the case of a taxpayer other 
                        than an integrated oil company (as 
                        defined in section 291(b)(4)), in the 
                        case of any oil or gas well, this 
                        clause shall not apply in the case of 
                        amounts paid or incurred in taxable 
                        years beginning after December 31, 
                        1992. This clause shall not apply to 
                        any taxable year beginning after 
                        December 31, 1995.
                          (ii) Certain amortization provisions 
                        not to apply.--Sections 173 and 248 
                        shall not apply to expenditures paid or 
                        incurred in taxable year beginning 
                        after December 31, 1989. This clause 
                        shall not apply to any expenditure paid 
                        or incurred after December 31, 1995.
                          (iii) LIFO inventory adjustments.--
                        The adjustments provided in section 
                        312(n)(4) shall apply, but only with 
                        respect to taxable years beginning 
                        after December 31, 1989. This clause 
                        shall not apply to any adjustment 
                        arising in a taxable year beginning 
                        after December 31, 1995.
                          (iv) Installment sales.--In the case 
                        of any installment sale in a taxable 
                        year beginning after December 31, 1989, 
                        adjusted current earnings shall be 
                        computed as if the corporation did not 
                        use the installment method. The 
                        preceding sentence shall not apply to 
                        the applicable percentage (as 
                        determined under section 453A) of the 
                        gain from any installment sale with 
                        respect to which section 453A(a)(1) 
                        applies. This clause shall not apply to 
                        any disposition after December 31, 
                        1995.
                  (E) Disallowance of loss on exchange of debt 
                pools.--No loss shall be recognized on the 
                exchange of any pool of debt obligations for 
                another pool of debt obligations having 
                substantially the same effective interest rates 
                and maturities. This subparagraph shall not 
                apply to any exchange after December 31, 1995.
                  (F) Depletion.--
                          (i) * * *
          * * * * * * *
                          (iii) Termination.--This subparagraph 
                        shall not apply to any deduction for 
                        depletion for any taxable year 
                        beginning after December 31, 1995.
                  (G) Treatment of certain ownership changes.--
                If--
                          (i) there is an ownership change 
                        (within the meaning of section 382) 
                        after the date of the enactment of the 
                        Tax Reform Act of 1986 with respect to 
                        any corporation, and
                          (ii) there is a net unrealized built-
                        in loss (within the meaning of section 
                        382(h)) with respect to such 
                        corporation, then the adjusted basis of 
                        each asset of such corporation 
                        (immediately after the ownership 
                        change) shall be its proportionate 
                        share (determined on the basis of 
                        respective fair market values) of the 
                        fair market value of the assets of such 
                        corporation (determined under section 
                        382(h)) immediately before the 
                        ownership change. This subparagraph 
                        shall not apply to any ownership change 
                        after December 31, 1995.
                  [(I)] (H) Adjusted basis.--The adjusted basis 
                of any property with respect to which an 
                adjustment under this paragraph applies shall 
                be determined by applying the treatment 
                prescribed in this paragraph.
                  [(J)] (I) Treatment of charitable 
                contributions.--Notwithstanding subparagraphs 
                (B) and (C), no adjustment related to the 
                earnings and profits effects of any charitable 
                contribution shall be made in computing 
                adjusted current earnings.
          * * * * * * *
SEC. 57. ITEMS OF TAX PREFERENCE.

  (a) General Rule.--For purposes of this part, the items of 
tax preference determined under this section are--
          (1) Depletion.--With respect to each property (as 
        defined in section 614), the excess of the deduction 
        for depletion allowable under section 611 for the 
        taxable year over the adjusted basis of the property at 
        the end of the taxable year (determined without regard 
        to the depletion deduction for the taxable year). 
        Effective with respect to taxable years beginning after 
        December 31, 1992, this paragraph shall not apply to 
        any deduction for depletion computed in accordance with 
        section 613A(c). This paragraph shall not apply to any 
        taxable year beginning after December 31, 1995.
          (2) Intangible drilling costs.--
                  (A) * * *
          * * * * * * *
                  (F) Termination.--This paragraph shall not 
                apply to any taxable year beginning after 
                December 31, 1995.
          (4) Reserves for losses on bad debts of financial 
        institutions.--In the case of a financial institution 
        to which section 593 applies, the amount by which the 
        deduction allowable for the taxable year for a 
        reasonable addition to a reserve for bad debts exceeds 
        the amount that would have been allowable had the 
        institution maintained its bad debt reserve for all 
        taxable years on the basis of actual experience. This 
        paragraph shall not apply to any taxable year beginning 
        after December 31, 1995.
          (5) Tax-exempt interest.--
                  (A) * * *
          * * * * * * *
                  (D) Termination for corporations.--In the 
                case of a corporation (other than a corporation 
                referred to in section 56(g)(6)), this 
                paragraph shall not apply to interest accruing 
                for periods after December 31, 1995.
          * * * * * * *

SEC. 58. DENIAL OF CERTAIN LOSSES.

  (a) * * *
          * * * * * * *
  (d) Termination.--This section shall not apply to any loss 
incurred for any taxable year beginning after December 31, 
1995.
SEC. 59. OTHER DEFINITIONS AND SPECIAL RULES.

  (a) Alternative Minimum Tax Foreign Tax Credit.--For purposes 
of this part--
          (1) In general.--The alternative minimum tax foreign 
        tax credit for any taxable year shall be the credit 
        which would be determined under section 27(a) for such 
        taxable year if--
                  (A) [the amount determined under section 
                55(b)(1)(A)] the pre-credit tentative minimum 
                tax were the tax against which such credit was 
                taken for purposes of section 904 for the 
                taxable year and all prior taxable years 
                beginning after December 31, 1986,
                  (B) section 904 were applied on the basis of 
                alternative minimum taxable income instead of 
                taxable income, and
                  (C) the determination of whether any income 
                is high-taxed income for purposes of section 
                904(d)(2) were made on the basis of the 
                applicable rate [specified in section 
                55(b)(1)(A)] specified in subparagraph (A)(i) 
                or (B)(i) of section 55(b)(1) (whichever 
                applies) in lieu of the highest rate of tax 
                specified in section 1 or 11 (whichever 
                applies).
          (2) Limitation to 90 percent of tax.--
                  (A) In general.--The alternative minimum tax 
                foreign tax credit for any taxable year shall 
                not exceed the excess (if any) of--
                          (i) [the amount determined under 
                        section 55(b)(1)(A)] the pre-credit 
                        tentative minimum tax for the taxable 
                        year, over
                          (ii) 10 percent of the amount [which 
                        would be determined under section 
                        55(b)(1)(A)] which would be the pre-
                        credit tentative minimum tax without 
                        regard to the alternative tax net 
                        operating loss deduction and 
                        57(a)(2)(E).
          * * * * * * *
                  (D) Termination.--This paragraph shall not 
                apply to any taxable year beginning after 
                December 31, 1995.
          (3) Pre-credit tentative minimum tax.--For purposes 
        of this subsection, the term ``pre-credit tentative 
        minimum tax'' means--
                  (A) in the case of a taxpayer other than a 
                corporation, the amount determined under the 
                first sentence of section 55(b)(1)(A)(i), or
                  (B) in the case of a corporation, the amount 
                determined under section 55(b)(1)(B)(i).
          * * * * * * *
  (h) Coordination With Certain Limitations.--The limitations 
of sections 704(d), 465, 469, and 1366(d) (and such other 
provisions as may be specified in regulations) shall be applied 
for purposes of computing the alternative minimum taxable 
income of the taxpayer for the taxable year with the 
adjustments of sections 56, 57, and 58.
          * * * * * * *
  (j) Treatment of Unearned Income of Minor Children.--
          (1) Limitation on exemption amount.--In the case of a 
        child to whom section 1(g) applies, the exemption 
        amount for purposes of section 55 shall not exceed the 
        sum of--
                  (A) such child's earned income (as defined in 
                section 911(d)(2)) for the taxable year, plus
                  (B) [$1,000] twice the amount in effect for 
                the taxable year under section 63(c)(5)(A) (or, 
                if greater, the child's share of the unused 
                parental minimum tax exemption).
          * * * * * * *
          (3) Unused parental minimum tax exemption.--
                  (A) * * *
                  (B) Certain rules made applicable.--A child's 
                share of any unused parental minimum tax 
                exemption shall be determined under rules 
                similar to the rules of [section 1(i)(3)(B)] 
                section 1(g)(3)(B), and rules similar to the 
                rules of paragraphs (3)(D) and (5) of section 
                1(g) shall apply for purposes of this 
                paragraph.
          * * * * * * *
                       Subchapter B--Computation

          * * * * * * *

  PART I--DEFINITION OF GROSS INCOME, ADJUSTED GROSS INCOME, TAXABLE 
                              INCOME ETC.

          * * * * * * *

SEC. 62. ADJUSTED GROSS INCOME DEFINED.

  (a) General Rule.--For purposes of this subtitle, the term 
``adjusted gross income'' means, in the case of an individual, 
gross income minus the following deductions:
          (1) * * *
          * * * * * * *
          (16) Long-term capital gains.--The deduction allowed 
        by section 1202.
          * * * * * * *

          PART II--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME
        Sec. 71. Alimony and separate maintenance payments.
     * * * * * * *
        Sec. 91. Excess long-term care benefits.
          * * * * * * *

SEC. 72. ANNUITIES; CERTAIN PROCEEDS OF ENDOWMENT AND LIFE INSURANCE 
                    CONTRACTS.

  (a) * * *
  (b) Exclusion Ratio.--
          (1) * * *
          * * * * * * *
          (4) Unrecovered investment.--For purposes of this 
        subsection, the unrecovered investment in the contract 
        as of any date is--
                  (A) the investment in the contract 
                (determined without regard to subsection 
                (c)(2)) as of the annuity starting date, 
                reduced by
          * * * * * * *
  (m) Special Rules Applicable to Employee Annuities and 
Distributions Under Employee Plans.--
          * * * * * * *
          (2) Computation of consideration paid by the 
        employee.--In computing--
                  (A) the aggregate amount of premiums or other 
                consideration paid for the contract for 
                purposes of subsection (c)(1)(A) (relating to 
                the investment in the contract), and
                  [(B) the consideration for the contract 
                contributed by the employee for purposes of 
                subsection (d)(1) (relating to employee's 
                contributions recoverable in 3 years) and 
                subsection (e)(7) (relating to plans where 
                substantially all contributions are employee 
                contributions), and
                  [(C)] (B) the aggregate premiums or other 
                consideration paid for purposes of subsection 
                (e)(6) (relating to certain amounts not 
                received as an annuity),
        any amount allowed as a deduction with respect to the 
        contract under section 404 which was paid while the 
        employee was an employee within the meaning of section 
        401(c)(1) shall be treated as consideration contributed 
        by the employer, and there shall not be taken into 
        account any portion of the premiums or other 
        consideration for the contract paid while the employee 
        was an owner-employee which is properly allocable (as 
        determined under regulations prescribed by the 
        Secretary) to the cost of life, accident, health, or 
        other insurance.
          * * * * * * *
  (p) Loans Treated as Distributions.--For purposes of this 
section--
          (1) * * *
          * * * * * * *
          (4) Qualified employer plan, etc.--For purposes of 
        this subsection--
                  (A) Qualified employer plan.--
                          (i) * * *
                          [(ii) Special rules.--The term 
                        ``qualified employer plan''--
                                  [(I) shall include any plan 
                                which was (or was determined to 
                                be) a qualified employer plan 
                                or a government plan, but
                                  [(II) shall not include a 
                                plan described in subsection 
                                (e)(7).]
                          (ii) Special rule.--The term 
                        ``qualified employer plan'' shall not 
                        include any plan which was (or was 
                        determined to be) a qualified employer 
                        plan or a government plan.
          * * * * * * *

SEC. 86. SOCIAL SECURITY AND TIER 1 RAILROAD RETIREMENT BENEFITS.

  (a) In General.--
          (1) * * *
          (2) Additional amount.--In the case of a taxpayer 
        with respect to whom the amount determined under 
        subsection (b)(1)(A) exceeds the adjusted base amount, 
        the amount included in gross income under this section 
        shall be equal to the lesser of--
                  (A) the sum of--
                          (i) 85 percent of such excess, plus
                          (ii) the lesser of the amount 
                        determined under paragraph (1) or an 
                        amount equal to one-half of the 
                        difference between the adjusted base 
                        amount and the base amount of the 
                        taxpayer, or
                  (B) 85 percent of the social security 
                benefits received during the taxable year.
        This paragraph shall not apply to any taxable year 
        beginning after December 31, 1999.
          (3) Phaseout of additional amount.--In the case of 
        any taxable year beginning in a calendar year after 
        1995 and before 2000, paragraph (2) shall be applied by 
        substituting the percentage determined under the 
        following table for ``85 percent'' each place it 
        appears:

  In the case of a taxable
  year beginning in The percentage is:
    1996............75 percent..........................................
    1997............65 percent..........................................
    1998............60 percent..........................................
    1999............55 percent..........................................

  (b) Taxpayers to Whom Subsection (a) Applies.--
          (1) * * *
          (2) Modified adjusted gross income.--For purposes of 
        this subsection, the term ``modified adjusted gross 
        income'' means [adusted] adjusted gross income--
                  (A) * * *
          * * * * * * *
SEC. 91. EXCESS LONG-TERM CARE BENEFITS.

  (a) General Rule.--Notwithstanding any other provision of 
this title, gross income shall include the amount of excess 
long-term care benefits received by the taxpayer during the 
taxable year.
  (b) Exception for Terminally Ill Individuals.--Subsection (a) 
shall not apply to any long-term care benefit paid by reason of 
an insured who is a terminally ill individual (as defined in 
section 101(g)) as of the date the benefit is received.
  (c) Excess Long-Term Care Benefits.--For purposes of this 
section--
          (1) In general.--The term ``excess long-term care 
        benefits'' means the excess (if any) of--
                  (A) the value of the long-term care benefits 
                received by the taxpayer during the taxable 
                year, over
                  (B) the exclusion amount applicable to such 
                benefits.
          (2) Long-term care benefits.--The term ``long-term 
        care benefits'' means--
                  (A) payments and other benefits under long-
                term care insurance contracts (as defined in 
                section 7702B(b)) to the extent excludable from 
                gross income by reason of section 7702B(a)(2), 
                and
                  (B) payments which are excludable from gross 
                income by reason of section 101(g).
          (3) Exclusion amount.--
                  (A) In general.--In the case of long-term 
                care benefits received by the taxpayer during 
                the taxable year by reason of the taxpayer 
                being a chronically ill individual, the term 
                ``exclusion amount'' means the aggregate of 
                $200 for each day during such year on which the 
                individual is a chronically ill individual. In 
                the case of individuals who are married to each 
                other and who are both chronically ill 
                individuals, the preceding sentence shall be 
                applied separately with respect to each spouse.
                  (B) Other taxpayers.--In the case of long-
                term care benefits received during the taxable 
                year by a taxpayer by reason of another 
                individual being a chronically ill individual, 
                the term ``exclusion amount'' means so much of 
                such other individual's exclusion amount (for 
                such other individual's taxable year which 
                begins in the calendar year in which the 
                taxpayer's taxable year begins) as is allocated 
                by such other individual to the taxpayer. Such 
                an allocation shall be made at the time and in 
                the manner prescribed by the Secretary; and 
                once made, shall be irrevocable.
  (d) Chronically Ill Individual.--For purposes of this 
section, the term ``chronically ill individual'' has the 
meaning given to such term by section 7702B(c)(2).
  (e) Inflation Adjustment of $200 Benefit Limit.--In the case 
of a calendar year after 1996, the $200 amount contained in 
subsection (c)(3)(A) shall be increased at the same time and in 
the same manner as amounts are increased pursuant to section 
213(d)(11).
        PART III--ITEMS SPECIFICALLY EXCLUDED FROM GROSS INCOME
        Sec. 101. Certain death benefits.
     * * * * * * *
        Sec. 112. Certain [combat pay] combat zone compensation of 
                  members of the Armed Forces.
     * * * * * * *
        [Sec. 137. Cross reference to other Acts.]
        Sec. 137. Distributions from certain retirement plans for long-
                  term care insurance.
        Sec. 138. Cross references to other Acts.
          * * * * * * *

SEC. 101. CERTAIN DEATH BENEFITS.

  (a) * * *
          * * * * * * *
  (g) Treatment of Certain Accelerated Death Benefits.--
          (1) In general.--For purposes of this section, the 
        following amounts shall be treated as an amount paid by 
        reason of the death of an insured:
                  (A) Any amount received under a life 
                insurance contract on the life of an insured 
                who is a terminally ill individual.
                  (B) Any amount received under a life 
                insurance contract on the life of an insured 
                who is a chronically ill individual (as defined 
                in section 7702B(c)(2)) but only if such amount 
                is received under a rider or other provision of 
                such contract which is treated as a long-term 
                care insurance contract under section 7702B.
          (2) Treatment of viatical settlements.--
                  (A) In general.--In the case of a life 
                insurance contract on the life of an insured 
                described in paragraph (1), if--
                          (i) any portion of such contract is 
                        sold to any viatical settlement 
                        provider, or
                          (ii) any portion of the death benefit 
                        is assigned to such a provider,
                the amount paid for such sale or assignment 
                shall be treated as an amount paid under the 
                life insurance contract by reason of the death 
                of such insured.
                  (B) Viatical settlement provider.--The term 
                ``viatical settlement provider'' means any 
                person regularly engaged in the trade or 
                business of purchasing, or taking assignments 
                of, life insurance contracts on the lives of 
                insureds described in paragraph (1) if--
                          (i) such person is licensed for such 
                        purposes in the State in which the 
                        insured resides, or
                          (ii) in the case of an insured who 
                        resides in a State not requiring the 
                        licensing of such persons for such 
                        purposes, such person meets the 
                        requirements of sections 8 and 9 of the 
                        Viatical Settlements Model Act of the 
                        National Association of Insurance 
                        Commissioners.
          (3) Definitions.--For purposes of this subsection--
                  (A) Terminally ill individual.--The term 
                ``terminally ill individual'' means an 
                individual who has been certified by a 
                physician as having an illness or physical 
                condition which can reasonably be expected to 
                result in death in 24 months or less after the 
                date of the certification.
                  (B) Physician.--The term ``physician'' has 
                the meaning given to such term by section 
                1861(r)(1) of the Social Security Act (42 
                U.S.C. 1395x(r)(1)).
          (4) Exception for business-related policies.--This 
        subsection shall not apply in the case of any amount 
        paid to any taxpayer other than the insured if such 
        taxpayer has an insurable interest with respect to the 
        life of the insured by reason of the insured being a 
        director, officer, or employee of the taxpayer or by 
        reason of the insured being financially interested in 
        any trade or business carried on by the taxpayer.
          (5) Cross reference.--
          For inclusion in gross income of excess benefits, see section 
        91.
          * * * * * * *

SEC. 106. CONTRIBUTIONS BY EMPLOYER TO ACCIDENT AND HEALTH PLANS.

  [Gross income of an employee does not include employer-
provided coverage under an accident or health plan.]
  (a) General Rule.--Except as provided in subsection (b), 
gross income of an employee does not include employer-provided 
coverage under an accident or health plan.
  (b) Inclusion of Long-Term Care Benefits Provided Through 
Flexible Spending Arrangements.--
          (1) In general.--Effective on and after January 1, 
        1996, gross income of an employee shall include 
        employer-provided coverage for qualified long-term care 
        services (as defined in section 7702B(c)) to the extent 
        that such coverage is provided through a flexible 
        spending or similar arrangement.
          (2) Flexible spending arrangement.--For purposes of 
        this subsection, a flexible spending arrangement is a 
        benefit program which provides employees with coverage 
        under which--
                  (A) specified incurred expenses may be 
                reimbursed (subject to reimbursement maximums 
                and other reasonable conditions), and
                  (B) the maximum amount of reimbursement which 
                is reasonably available to a participant for 
                such coverage is less than 500 percent of the 
                value of such coverage.
        In the case of an insured plan, the maximum amount 
        reasonably available shall be determined on the basis 
        of the underlying coverage.
          * * * * * * *
SEC. 108. INCOME FROM DISCHARGE OF INDEBTEDNESS.

  (a) * * *
          * * * * * * *
  (d) Meaning of Terms; Special Rules Relating to Certain 
Provisions.--
          (1) * * *
          * * * * * * *
          (9) Time for making election, etc.--
                  (A) Time.--An election under paragraph (5) of 
                subsection (b) or under [paragraph (3)(B)] 
                paragraph (3)(C) of subsection (c) shall be 
                made on the taxpayer's return for the taxable 
                year in which the discharge occurs or at such 
                other time as may be permitted in regulations 
                prescribed by the Secretary.
          * * * * * * *

SEC. 112. CERTAIN [COMBAT PAY] COMBAT ZONE COMPENSATION OF MEMBERS OF 
                    THE ARMED FORCES.

  (a) Enlisted Personnel.--Gross income does not include 
compensation received for active service as a member below the 
grade of commissioned officer in the Armed Forces of the United 
States for any month during any part of which such member--
          (1) * * *
          * * * * * * *

SEC. 117. QUALIFIED SCHOLARSHIPS.

  (a) * * *
          * * * * * * *
  (d) Qualified Tuition Reduction.--
          (1) * * *
          (2) Qualified tuition reduction.-- For purposes of 
        this subsection, the term ``qualified tuition 
        reduction'' means the amount of any reduction in 
        tuition provided to an employee of an organization 
        described in section 170(b)(1)(A)(ii) for the education 
        (below the graduate level) at such organization (or 
        another organization described in section 
        170(b)(1)(A)(ii)) of--
                  (A) such employee, or
                  (B) any person treated as an employee (or 
                whose use is treated as an employee use) under 
                the rules of [section 132(f)] section 132(h).
          * * * * * * *

SEC. 125. CAFETERIA PLANS.

  (a) * * *
          * * * * * * *
  (f) Qualified Benefits Defined.--For purposes of this 
section, the term ``qualified benefit'' means any benefit 
which, with the application of subsection (a), is not 
includible in the gross income of the employee by reason of an 
express provision of this chapter (other than section 117, 127, 
or 132). Such term includes any group term life insurance which 
is includible in gross income only because it exceeds the 
dollar limitation of section 79 and such term includes any 
other benefit permitted under regulations. Such term shall not 
include any long-term care insurance contract (as defined in 
section 7702B(b)).
          * * * * * * *
SEC. 135. INCOME FROM UNITED STATES SAVINGS BONDS USED TO PAY HIGHER 
                    EDUCATION TUITION AND FEES.

  (a) General Rule.--In the case of an individual who pays 
qualified higher education expenses during the taxable year, no 
amount shall be includible in gross income by reason of the 
redemption during such year of any qualified United States 
savings bond.
  (b) Limitations.--
          (1) * * *
          (2) Limitation based on modified adjusted gross 
        income.--
                  (A) * * *
                  (B) Inflation adjustment.--In the case of any 
                taxable year beginning in a calendar year after 
                1990, the $40,000 and $60,000 amounts contained 
                in subparagraph (A) shall be increased by an 
                amount equal to--
                          (i) such dollar amount, multiplied by
                          (ii) the cost-of-living adjustment 
                        under section 1(f)(3) for the calendar 
                        year in which the taxable year begins, 
                        determined by substituting ``calendar 
                        year 1989'' for ``calendar year 1992'' 
                        in subparagraph (B) thereof.
          * * * * * * *
SEC. 137. DISTRIBUTIONS FROM CERTAIN RETIREMENT PLANS FOR LONG-TERM 
                    CARE INSURANCE.

  (a) General Rule.--The amount which would (but for this 
section) be includible in the gross income of an individual for 
the taxable year by reason of eligible distributions during the 
taxable year shall be reduced (but not below zero) by the 
aggregate premiums paid by such individual during such taxable 
year for any long-term care insurance contract (as defined in 
section 7702B(b)) for coverage of such individual or the spouse 
of such individual.
  (b) Eligible Distribution.--For purposes of this section, the 
term ``eligible distribution'' means any distribution or 
payment to an individual from--
          (1) an individual retirement plan of such individual,
          (2) amounts attributable to employer contributions 
        made pursuant to elective deferrals described in 
        subparagraph (A) or (C) of section 402(g)(3) or section 
        501(c)(18)(D)(iii), or
          (3) amounts deferred under section 457(a).
SEC. [137.] 138. CROSS REFERENCES TO OTHER ACTS.

  (a) For exemption of--
          (1) * * *
          * * * * * * *
            PART IV--TAX EXEMPTION FOR STATE AND LOCAL BONDS

                   Subpart A--Private Activity Bonds

          * * * * * * *

SEC. 143. MORTGAGE REVENUE BONDS: QUALIFIED MORTGAGE BOND AND QUALIFIED 
                    VETERANS' MORTGAGE BOND.

  (a) * * *
          * * * * * * *
  (d) 3-Year Requirement.--
          (1) * * *
          (2) Exceptions.--For purposes of paragraph (1), the 
        proceeds of an issue which are used to provide--
                  (A) financing with respect to targeted area 
                residences,
                  (B) qualified home improvement loans and 
                qualified rehabilitation loans, and
                  (C) financing with respect to land described 
                in subsection (i)(1)(C) and the construction of 
                any residence thereon[.],
        shall be treated as used as described in paragraph (1).
          * * * * * * *
  (m) Recapture of Portion of Federal Subsidy From Use of 
Qualified Mortgage Bonds and Mortgage Credit Certificates.--
          (1) * * *
          * * * * * * *
          (4) Recapture amount.--For purposes of this 
        subsection--
                  (A) * * *
          * * * * * * *
                  (C) Holding period percentage.--
                          (i) * * *
                          (ii) Retirements of indebtedness.--If 
                        the federally-subsidized indebtedness 
                        is completely repaid during [any month 
                        of the 10-year period] any year of the 
                        4-year period beginning on the testing 
                        date, the holding period percentage for 
                        [succeeding months] succeeding years 
                        shall be determined by reducing ratably 
                        [over the remainder of such period (or, 
                        if lesser, 5 years)] to zero over the 
                        succeeding 5 years the holding period 
                        percentage which would have been 
                        determined under this subparagraph had 
                        the taxpayer disposed of his interest 
                        in the residence on the date of the 
                        repayment.
          * * * * * * *

SEC. 149. BONDS MUST BE REGISTERED TO BE TAX EXEMPT; OTHER 
                    REQUIREMENTS.

  (a) * * *
          * * * * * * *
  (g) Treatment of Hedge Bonds.--
          (1) * * *
          * * * * * * *
          (3) Hedge bond.--
                  (A) * * *
                  (B) Exception for investment in tax-exempt 
                bonds not subject to minimum tax.--
                          (i) * * *
          * * * * * * *
                          [(iii) Investment earnings held 
                        pending reinvestment.--Investment 
                        earnings held for not more than 30 days 
                        pending reinvestment shall be treated 
                        as invested in bonds described in 
                        clause (i).]
                          (iii) Amounts held pending 
                        reinvestment or redemption.--Amounts 
                        held for not more than 30 days pending 
                        reinvestment or bond redemption shall 
                        be treated as invested in bonds 
                        described in clause (i).
          * * * * * * *
               PART V--DEDUCTIONS FOR PERSONAL EXEMPTIONS

          * * * * * * *

SEC. 151. ALLOWANCE OF DEDUCTIONS FOR PERSONAL EXEMPTIONS.

  (a) * * *
          * * * * * * *
  (d) Exemption Amount.--For purposes of this section--
          (1) * * *
          * * * * * * *
          (3) Phaseout.--
                  (A) * * *
          * * * * * * *
                  (C) Threshold amount.--For purposes of this 
                paragraph, the term ``threshold amount'' 
                means--
                          (i) $150,000 in the case of a [joint 
                        of a return] joint return or a 
                        surviving spouse (as defined in section 
                        2(a)),
          * * * * * * *
     PART VI--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS

          * * * * * * *
SEC. 163. INTEREST.

  (a) * * *
          * * * * * * *
  (j) Limitation of Deduction for Interest on Certain 
Indebtedness.--
          (1) Limitation.--
                  (A) * * *
                  (B) Disallowed amount carried to succeeding 
                taxable year.--Any amount disallowed under 
                subparagraph (A) for any taxable year shall be 
                treated as disqualified interest paid or 
                accrued in the succeeding taxable year (and 
                clause (ii) of paragraph (2)(A) shall not apply 
                for purposes of applying this subsection to the 
                amount so treated).
          * * * * * * *
          (6) Other definitions and special rules.--For 
        purposes of this subsection--
                  (A) * * *
          * * * * * * *
                  (E) Gross basis and net basis taxation.--
                          (i) Gross basis tax.--The term 
                        ``gross basis tax'' means any tax 
                        imposed by this subtitle which is 
                        determined by reference to the gross 
                        amount of any item of income without 
                        any reduction for any deduction allowed 
                        by this subtitle.
                          (ii) Net basis tax.--The term ``net 
                        basis tax'' means any tax imposed by 
                        this subtitle [which is a] which is not 
                        a gross basis tax.
          * * * * * * *
SEC. 164. TAXES.

  (a) General Rule.--Except as otherwise provided in this 
section, the following taxes shall be allowed as a deduction 
for the taxable year within which paid or accrued:
          (1) State and local, and foreign, real property 
        taxes.
          (2) State and local personal property taxes.
          (3) State and local, and foreign, income, war 
        profits, and excess profits taxes.
          [(4) The environmental tax imposed by section 59A.
          [(5) The GST tax imposed on income distributions.]
          (4) The GST tax imposed on income distributions.
          (5) The environmental tax imposed by section 59A.
In addition, there shall be allowed as a deduction State and 
local, and foreign, taxes not described in the preceding 
sentence which are paid or accrued within the taxable year in 
carrying on a trade or business or an activity described in 
section 212 (relating to expenses for production of income). 
Notwithstanding the preceding sentence, any tax (not described 
in the first sentence of this subsection) which is paid or 
accrued by the taxpayer in connection with an acquisition or 
disposition of property shall be treated as part of the cost of 
the acquired property or, in the case of a disposition, as a 
reduction in the amount realized on the disposition.
          * * * * * * *

SEC. 165. LOSSES.

  (a) * * *
          * * * * * * *
  (c) Limitation on Losses of Individuals.--In the case of an 
individual, the deduction under subsection (a) shall be limited 
to--
          (1) losses incurred in a trade or business;
          (2) losses incurred in any transaction entered into 
        for profit, though not connected with a trade or 
        business; [and]
          (3) except as provided in subsection (h), losses of 
        property not connected with a trade or business or a 
        transaction entered into for profit, if such losses 
        arise from fire, storm, shipwreck, or other casualty, 
        or from theft[.]; and
          (4) losses arising from the sale or exchange of the 
        principal residence (within the meaning of section 
        1034) of the taxpayer.
          * * * * * * *
SEC. 168. ACCELERATED COST RECOVERY SYSTEM.

  (a) * * *
          * * * * * * *
  (e) Classification of Property.--For purposes of this 
section--
          (1) * * *
          * * * * * * *
          (3) Classification of certain property.--
                  (A) * * *
                  (B) 5-year property.--The term ``5-year 
                property'' includes--
                          (i) * * *
          * * * * * * *
                          (vi) any property which--
                                  (I) is described in 
                                subparagraph (A) of section 
                                48(a)(3) (or would be so 
                                described if ``solar and wind'' 
                                were substituted for ``solar'' 
                                in clause (i) thereof, [or]
                                  (II) is described in 
                                paragraph (15) of section 48(l) 
                                (as in effect on the day before 
                                the date of the enactment of 
                                the Revenue Reconciliation Act 
                                of 1990) and is a qualifying 
                                small power production facility 
                                within the meaning of section 
                                3(17)(C) of the Federal Power 
                                Act (16 U.S.C. 796(17)(C)), as 
                                in effect on September 1, 
                                1986[.], or
                                  (III) is described in section 
                                48(l)(3)(A)(ix) (as in effect 
                                on the day before the date of 
                                the enactment of the Revenue 
                                Reconciliation Act of 1990).
          * * * * * * *
  (g) Alternative Depreciation System for Certain Property.--
          (1) * * *
          * * * * * * *
          (4) Exception for certain property used outside 
        united states.--Subparagraph (A) of paragraph (1) shall 
        not apply to--
                  (A) * * *
          * * * * * * *
                  (K) any property described in [section 
                48(a)(3)(A)(iii)] section 48(l)(3)(A)(ix) (as 
                in effect on the day before the date of the 
                enactment of the Revenue Reconciliation Act of 
                1990) which is owned by a United States person 
                and which is used in international or 
                territorial waters to generate energy for use 
                in the United States; and
          * * * * * * *
  (i) Definitions and Special Rules.--For purposes of this 
section--
          (1) * * *
          * * * * * * *
          [(8) Treatment of leasehold improvements.--In the 
        case of any building erected (or improvements made) on 
        leased property, if such building or improvement is 
        property to which this section applies, the 
        depreciation deduction shall be determined under the 
        provisions of this section.]
          (8) Treatment of leasehold improvements.--
                  (A) In general.--In the case of any building 
                erected (or improvements made) on leased 
                property, if such building or improvement is 
                property to which this section applies, the 
                depreciation deduction shall be determined 
                under the provisions of this section.
                  (B) Treatment of lessor improvements which 
                are abandoned at termination of lease.--An 
                improvement--
                          (i) which is made by the lessor of 
                        leased property for the lessee of such 
                        property, and
                          (ii) which is irrevocably disposed of 
                        or abandoned by the lessor at the 
                        termination of the lease by such 
                        lessee,
                shall be treated for purposes of determining 
                gain or loss under this title as disposed of by 
                the lessor when so disposed of or abandoned.
          * * * * * * *
  (k) Deduction Adjustment To Allow Equivalent of Expensing For 
Certain Property Placed in Service After December 31, 1994.--
          (1) In general.--In the case of tangible property 
        placed in service after December 31, 1994, the 
        deduction under this section with respect to such 
        property--
                  (A) shall be determined by substituting ``150 
                percent'' for ``200 percent'' in subsection 
                (b)(1) in the case of property to which the 200 
                percent declining balance method would 
                otherwise apply, and
                  (B) for any taxable year after the taxable 
                year during which the property is placed in 
                service shall be--
                          (i) the amount determined under this 
                        section for such taxable year without 
                        regard to this subparagraph, multiplied 
                        by
                          (ii) the applicable neutral cost 
                        recovery ratio for such taxable year.
          (2) Applicable neutral cost recovery ratio.--For 
        purposes of paragraph (1)--
                  (A) In general.--The applicable neutral cost 
                recovery ratio for the property for any taxable 
                year is the number determined by--
                          (i) dividing--
                                  (I) the gross domestic 
                                product deflator for the 
                                calendar quarter which includes 
                                the mid-point of the taxable 
                                year, by
                                  (II) the gross domestic 
                                product deflator for the 
                                calendar quarter which includes 
                                the mid-point of the taxable 
                                year in which the property was 
                                placed in service by the 
                                taxpayer, and
                          (ii) then multiplying the number 
                        determined under clause (i) by the 
                        number equal to 1.035 to the nth power 
                        where ``n'' is the number of full years 
                        (as of the close of the taxable year 
                        referred to in clause (i)(I)) after the 
                        date such property was placed in 
                        service.
                The applicable neutral cost recovery ratio 
                shall never be less than 1. The applicable 
                neutral cost recovery ratio shall be rounded to 
                the nearest \1/1000\.
                  (B) Special rule for certain property.--In 
                the case of property described in paragraph (2) 
                or (3) of subsection (b) or in subsection (g), 
                the applicable neutral cost recovery ratio 
                shall be determined without regard to 
                subparagraph (A)(ii).
          (3) Gross domestic product deflator.--For purposes of 
        paragraph (2), the gross domestic product deflator for 
        any calendar quarter is the implicit price deflator for 
        the gross domestic product for such quarter (as shown 
        in the last revision thereof released by the Secretary 
        of Commerce before the close of the following calendar 
        quarter).
          (4) Coordination with indexing of basis for purposes 
        of determining gain.--Section 1022 shall not apply to 
        any property to which this subsection applies.
          (5) Election not to have subsection apply.--This 
        subsection shall not apply to any property if the 
        taxpayer elects not to have this subsection apply to 
        such property. Such an election, once made, shall be 
        irrevocable.
          (6) Churning transactions.--This subsection shall not 
        apply to any property if this section would not apply 
        to such property were--
                  (A) subsection (f)(5)(A)(ii) applied by 
                substituting ``1995'' for ``1987'' and ``1994'' 
                for ``1986'', and
                  (B) subsection (f)(5)(B) not applied.
          (7) Additional deduction not to affect basis or 
        recapture.--The additional amount determined under this 
        section by reason of this subsection shall not be taken 
        into account in determining the adjusted basis of any 
        property or of any interest in a pass-thru entity (as 
        defined in section 1202(e)(2)) which holds such 
        property and shall not be treated as a deduction for 
        depreciation for purposes of sections 1245 and 1250.
          * * * * * * *
SEC. 170. CHARITABLE, ETC., CONTRIBUTIONS AND GIFTS.

  (a) * * *
  (b) Percentage Limitations.--
          (1) Individuals.--In the case of an individual, the 
        deduction provided in subsection (a) shall be limited 
        as provided in the succeeding subparagraphs.
                  (A) * * *
          * * * * * * *
                  (C) Special limitation with respect to 
                contributions described in subparagraph (A) of 
                certain capital gain property
                          (i) * * *
          * * * * * * *
                          (iv) For purposes of this paragraph, 
                        the term ``capital gain property'' 
                        means with respect to any contribution, 
                        any capital asset the sale of which at 
                        its fair market value at the time of 
                        the contribution would have resulted in 
                        gain which would have been long-term 
                        capital gain. For purposes of the 
                        preceding sentence, any property which 
                        is property used in the trade or 
                        business (as defined in section 
                        1231(b)) shall be treated as a capital 
                        asset and section 1222 shall be applied 
                        without regard to paragraph (12) 
                        thereof (relating to special rule for 
                        collectibles).
          * * * * * * *
  (e) Certain Contributions of Ordinary Income and Capital Gain 
Property.--
          (1) General rule.--The amount of any charitable 
        contribution of property otherwise taken into account 
        under this section shall be reduced by the sum of--
                  (A) the amount of gain which would not have 
                been long-term capital gain if the property 
                contributed had been sold by the taxpayer at 
                its fair market value (determined at the time 
                of such contribution), and
                  (B) in the case of a charitable 
                contribution--
                          (i) of tangible personal property, if 
                        the use by the donee is unrelated to 
                        the purpose or function constituting 
                        the basis for its exemption under 
                        section 501 (or, in the case of a 
                        governmental unit, to any purpose or 
                        function described in subsection (c)), 
                        or
                          (ii) to or for the use of a private 
                        foundation (as defined in section 
                        509(a)), other than a private 
                        foundation described in subsection 
                        (b)(1)(E),
                [the amount of gain] 50 percent (\25/35\ in the 
                case of a corporation) of the amount of gain 
                which would have been long-term capital gain if 
                the property contributed had been sold by the 
                taxpayer at its fair market value (determined 
                at the time of such contribution).
For purposes of applying this paragraph (other than in the case 
of gain to which section 617(d)(1), 1245(a), 1250(a), 1252(a) 
or 1254(a) applies), property which is property used in the 
trade or business (as defined in section 1231(b)) shall be 
treated as a capital asset. For purposes of this paragraph, 
section 1222 shall be applied without regard to paragraph (12) 
thereof (relating to special rule for collectibles).
          * * * * * * *

SEC. 172. NET OPERATING LOSS DEDUCTION.

  (a) * * *
          * * * * * * *
  (b) Net Operating Loss Carrybacks and Carryovers.--
          (1) Year to which loss may be carried.--
                  (A) * * *
                  (E) Excess interest loss.--
                          (i) * * *
                          (ii) Loss limitation year.--For 
                        purposes of clause (i) and [subsection 
                        (m)] subsection (h), the term ``loss 
                        limitation year'' means, with respect 
                        to any corporate equity reduction 
                        transaction, the taxable year in which 
                        such transaction occurs and each of the 
                        2 succeeding taxable years.
          * * * * * * *
  (d) Modifications.--The modifications referred to in this 
section are as follows:
          (1) * * *
          [(2) Capital gains and losses of taxpayers other than 
        corporations.--In the case of a taxpayer other than a 
        corporation--
                  [(A) the amount deductible on account of 
                losses from sales or exchanges of capital 
                assets shall not exceed the amount includable 
                on account of gains from sales or exchanges of 
                capital assets; and
                  [(B) the exclusion provided by section 1202 
                shall not be allowed.]
          (2) Capital gains and losses.--
                  (A) Losses of taxpayers other than 
                corporations.--In the case of a taxpayer other 
                than a corporation, the amount deductible on 
                account of losses from sales or exchanges of 
                capital assets shall not exceed the amount 
                includible on account of gains from sales or 
                exchanges of capital assets.
                  (B) Deduction under section 1202.--The 
                deduction under section 1202 shall not be 
                allowed.
          * * * * * * *
          (4) Nonbusiness deductions of taxpayers other than 
        corporations.--In the case of a taxpayer other than a 
        corporation, the deductions allowable by this chapter 
        which are not attributable to a taxpayer's trade or 
        business shall be allowed only to the extent of the 
        amount of the gross income not derived from such trade 
        or business. For purposes of the preceding sentence--
                  (A) * * *
                  (B) the modifications specified in paragraphs 
                (1), [(2)(B),] (2)(B), and (3) shall be taken 
                into account;
  (h) Corporate Equity Reduction Interest Losses.--For purposes 
of this section--
          (1) * * *
          * * * * * * *
          (3) Corporate equity reduction transaction.--
                  (A) * * *
                  (B) Major stock acquisition.--
                          (i) In general.--The term ``major 
                        stock acquisition'' means the 
                        acquisition by a corporation pursuant 
                        to a plan of such corporation (or any 
                        group of persons acting in concert with 
                        such corporation) of stock in another 
                        corporation representing 50 percent or 
                        more (by vote or value) of the stock in 
                        such other corporation[,].
          * * * * * * *
          (4) Other rules.--
                  (A) * * *
                  (B) Coordination with subsection (b)(2).--
                [For purposes of subsection (b)(2)] For 
                purposes of subsection (b)(2)--
                          (i) * * *
          * * * * * * *
                  (C) Members of affiliated groups.--Except as 
                provided by regulations, all members of an 
                affiliated group filing a consolidated return 
                under section 1501 shall be treated as 1 
                taxpayer for purposes of this subsection and 
                [subsection (b)(1)(M)] subsection (b)(1)(E).
          * * * * * * *
SEC. 179. ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS.

  (a) * * *
  (b) Limitations.--
          [(1) Dollar limitation.--The aggregate cost which may 
        be taken into account under subsection (a) for any 
        taxable year shall not exceed $17,500.]
          (1) Dollar limitation.--The aggregate cost which may 
        be taken into account under subsection (a) for any 
        taxable year shall not exceed the following applicable 
        amount:

    If the taxable year                                   The applicable
      begins in:                                              amount is:
      1996....................................................   $22,500
      1997....................................................    27,500
      1998....................................................    32,500
      1999 or thereafter......................................   35,000.

          * * * * * * *
  (d) Definitions and Special Rules.--
          (1) Section 179 property.--For purposes of this 
        section, the term ``section 179 property'' means any 
        tangible property (to which section 168 applies) which 
        is section 1245 (as defined in section 1245(a)(3)) 
        property and which is acquired by purchase for use in 
        the active conduct of [in a trade or business] a trade 
        or business. Such term shall not include any property 
        described in section 50(b) and shall not include air 
        conditioning or heating units and horses.
          * * * * * * *
SEC. 179A. DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING 
                    PROPERTY.

  (a) * * *
          * * * * * * *
  [(g)] (f) Termination.--This section shall not apply to any 
property placed in service after December 31, 2004.
          * * * * * * *
        PART VII--ADDITIONAL ITEMIZED DEDUCTIONS FOR INDIVIDUALS

          * * * * * * *

SEC. 213. MEDICAL, DENTAL, ETC., EXPENSES.

  (a) * * *
          * * * * * * *
  (d) Definitions.--For purposes of this section--
          (1) The term ``medical care'' means amounts paid--
                  (A) for the diagnosis, cure, mitigation, 
                treatment, or prevention of disease, or for the 
                purpose of affecting any structure or function 
                of the body,
                  (B) for transportation primarily for and 
                essential to medical care referred to in 
                subparagraph (A), [or]
                  (C) for qualified long-term care services (as 
                defined in section 7702B(c)), or
                  [(C)] (D) for insurance (including amounts 
                paid as premiums under part B of title XVIII of 
                the Social Security Act, relating to 
                supplementary medical insurance for the aged) 
                covering medical care referred to in 
                [subparagraphs (A) and (B)] subparagraphs (A), 
                (B), and (C).
        In the case of a long-term care insurance contract (as 
        defined in section 7702B(b)), only eligible long-term 
        care premiums (as defined in paragraph (11)) shall be 
        taken into account under subparagraph (D).
          * * * * * * *
          (6) In the case of an insurance contract under which 
        amounts are payable for other than medical care 
        referred to in [subparagraphs (A) and (B)] 
        subparagraphs (A), (B), and (C) of paragraph (1)--
                  (A) no amount shall be treated as paid for 
                insurance to which [paragraph (1)(C)] paragraph 
                (1)(D) applies unless the charge for such 
                insurance is either separately stated in the 
                contract, or furnished to the policyholder by 
                the insurance company in a separate statement,
          * * * * * * *
          (7) Subject to the limitations of paragraph (6), 
        premiums paid during the taxable year by a taxpayer 
        before he attains the age of 65 for insurance covering 
        medical care (within the meaning of [subparagraphs (A) 
        and (B)] subparagraphs (A), (B), and (C) of paragraph 
        (1)) for the taxpayer, his spouse, or a dependent after 
        the taxpayer attains the age of 65 shall be treated as 
        expenses paid during the taxable year for insurance 
        which constitutes medical care if premiums for such 
        insurance are payable (on a level payment basis) under 
        the contract for a period of 10 years or more or until 
        the year in which the taxpayer attains the age of 65 
        (but in no case for a period of less than 5 years).
          * * * * * * *
          (10) Certain payments to relatives treated as not 
        paid for medical care.--An amount paid for a qualified 
        long-term care service (as defined in section 7702B(c)) 
        provided to an individual shall be treated as not paid 
        for medical care if such service is provided--
                  (A) by a relative (directly or through a 
                partnership, corporation, or other entity) 
                unless the relative is a licensed professional 
                with respect to such services, or
                  (B) by a corporation or partnership which is 
                related (within the meaning of section 267(b) 
                or 707(b)) to the individual.
        For purposes of this paragraph, the term ``relative'' 
        means an individual bearing a relationship to the 
        individual which is described in any of paragraphs (1) 
        through (8) of section 152(a). This paragraph shall not 
        apply for purposes of section 105(b) with respect to 
        reimbursements through insurance.
          (11) Eligible long-term care premiums.--
                  (A) In general.--For purposes of this 
                section, the term ``eligible long-term care 
                premiums'' means the amount paid during a 
                taxable year for any long-term care insurance 
                contract (as defined in section 7702B(b)) 
                covering an individual, to the extent such 
                amount does not exceed the limitation 
                determined under the following table:

    In the case of an individual                                        
      with an attained age before the                     The limitation
      close of the taxable year of:                              is:    
        40 or less......................................          $200  
        More than 40 but not more than 50...............           375  
        More than 50 but not more than 60...............           750  
        More than 60 but not more than 70...............         2,000  
        More than 70....................................        2,500.  

                  (B) Indexing.--
                          (i) In general.--In the case of any 
                        taxable year beginning in a calendar 
                        year after 1996, each dollar amount 
                        contained in subparagraph (A) shall be 
                        increased by the medical care cost 
                        adjustment of such amount for such 
                        calendar year. If any increase 
                        determined under the preceding sentence 
                        is not a multiple of $10, such increase 
                        shall be rounded to the nearest 
                        multiple of $10.
                          (ii) Medical care cost adjustment.--
                        For purposes of clause (i), the medical 
                        care cost adjustment for any calendar 
                        year is the percentage (if any) by 
                        which--
                                  (I) the medical care 
                                component of the Consumer Price 
                                Index (as defined in section 
                                1(f)(5)) for August of the 
                                preceding calendar year, 
                                exceeds
                                  (II) such component for 
                                August of 1995.
                        The Secretary shall, in consultation 
                        with the Secretary of Health and Human 
                        Services, prescribe an adjustment which 
                        the Secretary determines is more 
                        appropriate for purposes of this 
                        paragraph than the adjustment described 
                        in the preceding sentence, and the 
                        adjustment so prescribed shall apply in 
                        lieu of the adjustment described in the 
                        preceding sentence.
          * * * * * * *

SEC. 219. RETIREMENT SAVINGS.

  (a) * * *
          * * * * * * *
  [(c) Special Rules for Certain Married Individuals.--
          [(1) In general.--In the case of any individual with 
        respect to whom a deduction is otherwise allowable 
        under subsection (a)--
                  [(A) who files a joint return under section 
                6013 for a taxable year, and
                  [(B) whose spouse--
                          [(i) has no compensation (determined 
                        without regard to section 911) for the 
                        taxable year, or
                          [(ii) elects to be treated for 
                        purposes of subsection (b)(1)(B) as 
                        having no compensation for the taxable 
                        year,
there shall be allowed as a deduction any amount paid in cash 
for the taxable year by or on behalf of the individual to an 
individual retirement plan established for the benefit of his 
spouse.
          [(2) Limitation.--The amount allowable as a deduction 
        under paragraph (1) shall not exceed the excess of--
                  [(A) the lesser of--
                          [(i) $2,250, or
                          [(ii) an amount equal to the 
                        compensation includible in the 
                        individual's gross income for the 
                        taxable year, over
                  [(B) the amount allowable as a deduction 
                under subsection (a) for the taxable year.
In no event shall the amount allowable as a deduction under 
paragraph (1) exceed $2,000.]
  (c) Special Rules for Certain Married Individuals.--
          (1) In general.--In the case of an individual to whom 
        this paragraph applies for the taxable year, the 
        limitation of subsection (b)(1) shall be equal to the 
        lesser of--
                  (A) $2,000, or
                  (B) the sum of--
                          (i) the compensation includible in 
                        such individual's gross income for the 
                        taxable year, plus
                          (ii) the compensation includible in 
                        the gross income of such individual's 
                        spouse for the taxable year reduced by 
                        the amount allowable as a deduction 
                        under subsection (a) to such spouse for 
                        such taxable year.
          (2) Individuals to whom paragraph (1) applies.--
        Paragraph (1) shall apply to any individual if--
                  (A) such individual files a joint return for 
                the taxable year, and
                  (B) the amount of compensation (if any) 
                includible in such individual's gross income 
                for the taxable year is less than the 
                compensation includible in the gross income of 
                such individual's spouse for the taxable year.
          * * * * * * *
  (f) Other Definitions and Special Rules.--
          (1) * * *
          (2) Married individuals.--The maximum deduction under 
        [subsections (b) and (c)] subsection (b) shall be 
        computed separately for each individual, and this 
        section shall be applied without regard to any 
        community property laws.
          * * * * * * *
          [(7) Election not to deduct contributions.--

          [For election not to deduct contributions to individual 
        retirement plans, see section 408(o)(2)(B)(ii).]
     * * * * * * *
             PART VIII--SPECIAL DEDUCTIONS FOR CORPORATIONS

          * * * * * * *

SEC. 243. DIVIDENDS RECEIVED BY CORPORATIONS.

  (a) * * *
  (b) Qualifying Dividends.--
          (1) * * *
          [(2) Affiliated group.--For purposes of this 
        subsection, the term ``affiliated group'' has the 
        meaning given such term by section 1504(a), except that 
        for such purposes sections 1504(b)(2), 1504(b)(4), and 
        1504(c) shall not apply.]
          (2) Affiliated group.--For purposes of this 
        subsection:
                  (A) In general.--The term ``affiliated 
                group'' has the meaning given such term by 
                section 1504(b), except that for such purposes 
                sections 1504(b)(2), 1504(b)(4), and 1504(c) 
                shall not apply.
                  (B) Group must be consistent in foreign tax 
                treatment.--The requirements of paragraph 
                (1)(A) shall not be treated as being met with 
                respect to any dividend received by a 
                corporation if, for any taxable year which 
                includes the day on which such dividend is 
                received--
                          (i) 1 or more members of the 
                        affiliated group referred to in 
                        paragraph (1)(A) choose to any extent 
                        to take the benefits of section 901, 
                        and
                          (ii) 1 or more other members of such 
                        group claim to any extent a deduction 
                        for taxes otherwise creditable under 
                        section 901.
          (3) Special rule for groups which include life 
        insurance companies.--
                  (A) In general.--In the case of an affiliated 
                group which includes 1 or more insurance 
                companies under section 801, no dividend by any 
                member of such group shall be treated as a 
                qualifying dividend unless an election under 
                this paragraph is in effect for the taxable 
                year in which the dividend is received. The 
                preceding sentence shall not apply in the case 
                of a dividend described in paragraph 
                (1)(B)(ii).
          * * * * * * *
                     PART IX--ITEMS NOT DEDUCTIBLE

          * * * * * * *

SEC. 280A. DISALLOWANCE OF CERTAIN EXPENSES IN CONNECTION WITH BUSINESS 
                    USE OF HOME, RENTAL OF VACATION HOMES, ETC.

  (a) * * *
          * * * * * * *
  (c) Exceptions for Certain Business or Rental Use; Limitation 
on Deductions for Such Use.--
          (1) Certain business use.--Subsection (a) shall not 
        apply to any item to the extent such item is allocable 
        to a portion of the dwelling unit which is exclusively 
        used on a regular basis--
                  [(A) the principal place of business for any 
                trade or business of the taxpayer,]
                  (A) as the principal place of business for 
                any trade or business of the taxpayer,
          * * * * * * *

SEC. 280A. DISALLOWANCE OF CERTAIN EXPENSES IN CONNECTION WITH BUSINESS 
                    USE OF HOME, RENTAL OF VACATION HOMES, ETC.

  (a) * * *
          * * * * * * *
  (c) Exceptions for Certain Business or Rental Use; Limitation 
on Deductions for Such Use.--
          (1) Certain business use.--Subsection (a) shall not 
        apply to any item to the extent such item is allocable 
        to a portion of the dwelling unit which is exclusively 
        used on a regular basis--
                  [(A) the principal place of business for any 
                trade or business of the taxpayer.]
                  (A) as the principal place of business for 
                any trade or business of the taxpayer,
                  (B) as a place of business which is used by 
                patients, clients, or customers in meeting or 
                dealing with the taxpayer in the normal course 
                of his trade or business, or
                  (C) in the case of a separate structure which 
                is not attached to the dwelling unit, in 
                connection with the taxpayer's trade or 
                business.
        In the case of an employee, the preceding sentence 
        shall apply only if the exclusive use referred to in 
        the preceding sentence is for the convenience of his 
        employer. For purposes of subparagraph (A), the term 
        ``principal place of business'' includes a place of 
        business which is used by the taxpayer for the 
        administrative or management activities of any trade or 
        business of the taxpayer if there is no other fixed 
        location of such trade or business where the taxpayer 
        conducts substantial administrative or management 
        activities of such trade or business.
          (2) Certain storage use.--Subsection (a) shall not 
        apply to any item to the extent such item is allocable 
        to space within the dwelling unit which is used on a 
        regular basis as a storage unit for the [inventory] 
        inventory or product samples of the taxpayer held for 
        use in the taxpayer's trade or business of selling 
        products at retail or wholesale, but only if the 
        dwelling unit is the sole fixed location of such trade 
        or business.
          * * * * * * *

SEC. 280F. LIMITATION ON DEPRECIATION FOR LUXURY AUTOMOBILES; 
                    LIMITATION WHERE CERTAIN PROPERTY USED FOR PERSONAL 
                    PURPOSES

  (a) Limitation on Amount of [Investment Tax Credit and] 
Depreciation for Luxury Automobiles.--
          (1) Depreciation.--
                  (A) * * *
                  (B) Disallowed deductions allowed for years 
                after recovery period.--
                          (i) In general.--Except as provided 
                        in clause (ii), the unrecovered basis 
                        of any passenger automobile shall be 
                        treated as an expense for the 1st 
                        taxable year after the recovery period. 
                        Any excess of the unrecovered basis 
                        over the limitation of clause (ii) 
                        shall be treated as an expense in the 
                        succeeding taxable year. For purposes 
                        of this clause, the unrecovered basis 
                        of any passenger automobile shall be 
                        treated as including the additional 
                        amount determined under section 168 by 
                        reason of subsection (k) thereof to the 
                        extent not allowed as a deduction by 
                        reason of this paragraph for any 
                        taxable year in the recovery period.
          * * * * * * *
         Subchapter C--Corporate Distributions and Adjustments

          * * * * * * *

                    PART II--CORPORATE LIQUIDATIONS

          * * * * * * *

                  Subpart C--Collapsible Corporations

          * * * * * * *

SEC. 341. COLLAPSIBLE CORPORATIONS.

  (a) * * *
          * * * * * * *
          (f) Certain Sales of Stock of Consenting 
        Corporations.--
          (1) * * *
          * * * * * * *
          (3) Exception for certain tax-free transactions.--If 
        the basis of a subsection (f) asset in the hands of a 
        transferee is determined by reference to its basis in 
        the hands of the transferor by reason of the 
        application of section 332, [351, 361, 371(a), or 
        374(a)] 351, or 361, then the amount of gain taken into 
        account by the transferor under paragraph (2) shall not 
        exceed the amount of gain recognized to the transferor 
        on the transfer of such asset (determined without 
        regard to this subsection). This paragraph shall apply 
        only if the transferee--
                  (A) is not an organization which is exempt 
                from tax imposed by this chapter, and
                  (B) agrees (at such time and in such manner 
                as the Secretary may by regulations prescribe) 
                to have the provisions of paragraph (2) apply 
                to any disposition by it of such subsection (f) 
                asset.
          * * * * * * *
         PART III--CORPORATE ORGANIZATIONS AND REORGANIZATIONS

          * * * * * * *

        Subpart B--Effects on Shareholders and Security Holders

          * * * * * * *

SEC. 355. DISTRIBUTION OF STOCK AND SECURITIES OF A CONTROLLED 
                    CORPORATION.

  (a) * * *
          * * * * * * *
  (d) Recognition of Gain on Certain Distributions of Stock or 
Securities in Controlled Corporation.--
          (1) * * *
          * * * * * * *
          (7) Aggregation rules.--
                  (A) In general.--For purposes of this 
                subsection, a person and all persons related to 
                such person (within the meaning of section 
                267(b) or 707(b)(1)) shall be treated as one 
                person.
          * * * * * * *

                           PART V--CARRYOVERS

          * * * * * * *
SEC. 382. LIMITATION ON NET OPERATING LOSS CARRYFORWARDS AND CERTAIN 
                    BUILT-IN LOSSES FOLLOWING OWNERSHIP CHANGE.

  (a) * * *
          * * * * * * *
  (h) Special Rules for Built-in Gains and Losses and Section 
338 Gains.--For purposes of this section--
          (1) * * *
          (2) Recognized built-in gain and loss.--
                  (A) * * *
                  (B) Recognized built-in loss.--The term 
                ``recognized built-in loss'' means any loss 
                recognized during the recognition period on the 
                disposition of any asset except to the extent 
                the new loss corporation establishes that--
                          (i) such asset was not held by the 
                        old loss corporation immediately before 
                        the change date, or
                          (ii) such loss exceeds the excess 
                        of--
                                  (I) the adjusted basis of 
                                such asset on the change date, 
                                over
                                  (II) the fair market value of 
                                such asset on such date.
                Such term includes any amount allowable as 
                depreciation, amortization, or depletion for 
                any period within the recognition period except 
                to the extent the new loss corporation 
                establishes that the amount so allowable is not 
                attributable to the excess described in clause 
                (ii). The amount of the net unrealized built-in 
                loss shall be increased by the amount of the 
                additional deduction allowable by reason of 
                section 168(k) which is treated under the 
                preceding sentence as a recognized built-in 
                loss.
          * * * * * * *
               Subchapter D--Deferred Compensation, Etc.

          * * * * * * *

        PART I--PENSION, PROFIT-SHARING, STOCK BONUS PLANS, ETC

                        Subpart A--General Rule
        Sec. 401. Qualified pension, profit-sharing, and stock bonus 
                  plans.
     * * * * * * *
        Sec. 408A. American Dream Savings Accounts.
          * * * * * * *

SEC. 401. QUALIFIED PENSION, PROFIT-SHARING, AND STOCK BONUS PLANS.

  (a) Requirements for Qualification.--A trust created or 
organized in the United States and forming part of a stock 
bonus, pension, or profit-sharing plan of an employer for the 
exclusive benefit of his employees or their beneficiaries shall 
constitute a qualified trust under this section--
          (1) * * *
          * * * * * * *
          (20) A trust forming part of a pension plan shall not 
        be treated as failing to constitute a qualified trust 
        under this section merely because the pension plan of 
        which such trust is a part makes 1 or more 
        distributions within 1 taxable year to a distributee on 
        account of a termination of the plan of which the trust 
        is a part, or in the case of a profit-sharing or stock 
        bonus plan, a complete discontinuance of contributions 
        under such plan. This paragraph shall not apply to a 
        defined benefit plan unless the employer maintaining 
        such plan files a notice with the Pension Benefit 
        Guaranty Corporation (at the time and in the manner 
        prescribed by the Pension Benefit Guaranty Corporation) 
        notifying the Corporation of such payment or 
        distribution and the Corporation has approved such 
        payment or distribution or, within 90 days after the 
        date on which such notice was filed, has failed to 
        disapprove such payment or distribution. For purposes 
        of this paragraph, rules similar to the rules of 
        section 402(a)(6)(B) (as in effect before its repeal by 
        [section 211] section 521 of the Unemployment 
        Compensation Amendments of 1992) shall apply.
          * * * * * * *
  (k) Cash or Deferred Arrangements.--
          (1) * * *
          (2) Qualified cash or deferred arrangement.--A 
        qualified cash or deferred arrangement is any 
        arrangement which is part of a profit-sharing or stock 
        bonus plan, a pre-ERISA money purchase plan, or a rural 
        cooperative plan which meets the requirements of 
        subsection (a)--
                  (A) under which a covered employee may elect 
                to have the employer make payments as 
                contributions to a trust under the plan on 
                behalf of the employee, or to the employee 
                directly in cash;
                  (B) under which amounts held by the trust 
                which are attributable to employer 
                contributions made pursuant to the employee's 
                election--
                          (i) may not be distributable to 
                        participants or other beneficiaries 
                        earlier than--
                                  (I) separation from service, 
                                death, or disability,
                                  (II) an event described in 
                                paragraph (10),
                                  (III) in the case of a 
                                profit-sharing or stock bonus 
                                plan, the attainment of age 
                                59\1/2\, [or]
                                  (IV) in the case of 
                                contributions to a profit-
                                sharing or stock bonus plan to 
                                which section 402(e)(3) 
                                applies, upon hardship of the 
                                employee, [and] or
                                  (V) the date distributions 
                                for premiums for a long-term 
                                care insurance contract (as 
                                defined in section 7702B(b)) 
                                for coverage of such individual 
                                or the spouse of such 
                                individual are made, and
          * * * * * * *
SEC. 402. TAXABILITY OF BENEFICIARY OF EMPLOYEES' TRUST.

  (a) * * *
          * * * * * * *
  (g) Limitation on Exclusion for Elective Deferrals.--
          (1) * * *
          * * * * * * *
          (3) Elective deferrals.--For purposes of this 
        subsection, the term ``elective deferrals'' means, with 
        respect to any taxable year, the sum of--
                  (A) any employer contribution under a 
                qualified cash or deferred arrangement (as 
                defined in section 401(k)) to the extent not 
                includible in gross income for the taxable year 
                under [subsection (a)(8)] subsection (e)(3) 
                (determined without regard to this subsection),
          * * * * * * *
SEC. 403. TAXATION OF EMPLOYEE ANNUITIES.

  (a) * * *
  (b) Taxability of Beneficiary Under Annuity Purchased by 
Section 501(c)(3) Organization or Public School.--
          (1) * * *
          * * * * * * *
          (10) Distribution requirements.--Under regulations 
        prescribed by the Secretary, this subsection shall not 
        apply to any annuity contract (or to any custodial 
        account described in paragraph (7) or retirement income 
        account described in paragraph (9)) unless requirements 
        similar to the requirements of section 401(a)(9) and 
        401(a)(31) are met (and requirements similar to the 
        incidental death benefit requirements of section 401(a) 
        are met) with respect to such annuity contract (or 
        custodial account or retirement income account). Any 
        amount transferred in [an] a direct trustee-to-trustee 
        transfer in accordance with section 401(a)(31) shall 
        not be includible in gross income for the taxable year 
        of the transfer.
          (11) Requirement that distributions not begin before 
        age 59\1/2\, separation from service, death, or 
        disability.--This subsection shall not apply to any 
        annuity contract unless under such contract 
        distributions attributable to contributions made 
        pursuant to a salary reduction agreement (within the 
        meaning of section 402(g)(3)(C)) may be paid only--
                  (A) when the employee attains age 59\1/2\, 
                separates from service, dies, or becomes 
                disabled (within the meaning of section 
                72(m)(7)), [or]
                  (B) in the case of hardship[.], or
                  (C) for the payment of premiums for a long-
                term care insurance contract (as defined in 
                section 7702B(b)) for coverage of the employee 
                or the spouse of the employee.
        Such contract may not provide for the distribution of 
        any income attributable to such contributions in the 
        case of hardship.
          * * * * * * *
SEC. 404. DEDUCTION FOR CONTRIBUTIONS OF AN EMPLOYER TO AN EMPLOYEES' 
                    TRUST OR ANNUITY PLAN AND COMPENSATION UNDER A 
                    DEFERRED-PAYMENT PLAN.

  (a) General Rule.--If contributions are paid by an employer 
to or under a stock bonus, pension, profit-sharing, or annuity 
plan, or if compensation is paid or accrued on account of any 
employee under a plan deferring the receipt of such 
compensation, such contributions or compensation shall not be 
deductible under this chapter; but, if they would otherwise be 
deductible, they shall be deductible under this section, 
subject, however, to the following limitations as to the 
amounts deductible in any year:
          (1) * * *
          (2) Employees' annuities.--In the taxable year when 
        paid, in an amount determined in accordance with 
        paragraph (1), if the contributions are paid toward the 
        purchase of retirement annuities, or retirement 
        annuities and medical benefits as described in section 
        401(h), and such purchase is part of a plan which meets 
        the requirements of section 401(a)(3), (4), (5), (6), 
        (7), (8), (9), (11), (12), (13), (14), (15), (16), 
        (17), [(18),] (19), (20), (22), (26), (27) and (31) 
        and, if applicable, the requirements of section 
        401(a)(10) and of section 401(d), and if refunds of 
        premiums, if any, are applied within the current 
        taxable year or next succeeding taxable year toward the 
        purchase of such retirement annuities, or such 
        retirement annuities and medical benefits.
          * * * * * * *

SEC. 408. INDIVIDUAL RETIREMENT ACCOUNTS.

  (a) * * *
          * * * * * * *
  (o) Definitions and Rules Relating to Nondeductible 
Contributions to Individual Retirement Plans.--
          (1) * * *
          * * * * * * *
          (5) Termination.--This subsection shall not apply to 
        any designated nondeductible contribution for any 
        taxable year beginning after December 31, 1995.
          * * * * * * *
SEC. 408A. AMERICAN DREAM SAVINGS ACCOUNTS.

  (a) General Rule.--Except as provided in this section, an 
American Dream Savings Account shall be treated for purposes of 
this title in the same manner as an individual retirement plan.
  (b) American Dream Savings Account.--For purposes of this 
title, the term ``American Dream Savings Account'' or ``ADS 
account'' means an individual retirement plan which is 
designated at the time of the establishment of the plan as an 
American Dream Savings Account. Such designation shall be made 
in such manner as the Secretary may prescribe.
  (c) Contribution Rules.--
          (1) No deduction allowed.--No deduction shall be 
        allowed under section 219 for a contribution to an ADS 
        account.
          (2) Contribution limit.--
                  (A) In general.--The aggregate amount of 
                contributions (other than rollover 
                contributions) for any taxable year to all ADS 
                accounts maintained for the benefit of an 
                individual shall not exceed the lesser of--
                          (i) $2,000, or
                          (ii) an amount equal to the 
                        compensation includible in the 
                        individual's gross income for such 
                        taxable year.
                  (B) $4,000 limitation for certain additional 
                married individuals.--
                          (i) In general.--In the case of an 
                        individual to whom this subparagraph 
                        applies for the taxable year, the 
                        limitation of subparagraph (A)(ii) 
                        shall be equal to the sum of--
                                  (I) the compensation 
                                includible in such individual's 
                                gross income for the taxable 
                                year, plus
                                  (II) the compensation 
                                includible in the gross income 
                                of such individual's spouse for 
                                the taxable year reduced by the 
                                amount of the limitation under 
                                subparagraph (A) applicable to 
                                such spouse for such taxable 
                                year.
                          (ii) Individuals to whom clause (i) 
                        applies.--Clause (i) shall apply to any 
                        individual if--
                                  (I) such individual files a 
                                joint return for the taxable 
                                year, and
                                  (II) the amount of 
                                compensation (if any) 
                                includible in such individual's 
                                gross income for the taxable 
                                year is less than the 
                                compensation includible in the 
                                gross income of such 
                                individual's spouse for the 
                                taxable year.
                  (C) Adjustment for inflation.--
                          (i) In general.--In the case of a 
                        taxable year beginning in a calendar 
                        year after 1996, the $2,000 amount 
                        contained in subparagraph (A) shall be 
                        increased by an amount equal to--
                                  (I) such dollar amount, 
                                multiplied by
                                  (II) the cost-of-living 
                                adjustment under section 
                                1(f)(3) for the calendar year 
                                in which the taxable year 
                                begins, determined by 
                                substituting ``calendar year 
                                1995'' for ``calendar year 
                                1992'' in subparagraph (B) 
                                thereof.
                          (ii) Rounding.--If any amount as 
                        adjusted under clause (i) is not a 
                        multiple of $50, such amount shall be 
                        rounded to the nearest multiple of $50.
                  (D) Tax on excess contributions.--Section 
                4973 shall be applied separately with respect 
                to individual retirement plans which are ADS 
                accounts and individual retirement plans which 
                are not ADS accounts; except that, for purposes 
                of applying such section with respect to 
                individual retirement plans which are ADS 
                accounts, excess contributions shall be 
                considered to be any amounts in excess of the 
                limitation under subsection (c)(2)(A).
          (3) Contributions permitted after age 70\1/2\.--
        Contributions to an ADS account may be made even after 
        the individual for whom the account is maintained has 
        attained age 70\1/2\.
          (4) Mandatory distribution rules not to apply, etc.--
                  (A) In general.--Except as provided in 
                subparagraph (B), subsections (a)(6) and (b)(3) 
                of section 408 (relating to required 
                distributions) and section 4974 (relating to 
                excise tax on certain accumulations in 
                qualified retirement plans) shall not apply to 
                any ADS account.
                  (B) Post-death distributions.--Rules similar 
                to the rules of section 401(a)(9) (other than 
                subparagraph (A) thereof) shall apply for 
                purposes of this section.
          (5) Limitations on rollover contributions.--No 
        rollover contribution may be made to an ADS account 
        unless--
                  (A) such contribution is from another ADS 
                account, or
                  (B) such contribution is from an individual 
                retirement plan (other than an ADS account) and 
                is made before January 1, 1998.
  (d) Distribution Rules.--For purposes of this title--
          (1) General rules.--
                  (A) Exclusion from gross income.--No portion 
                of a qualified distribution from an ADS account 
                shall be includible in gross income.
                  (B) Exception from penalty tax.--Section 
                72(t) shall not apply to--
                          (i) any qualified distribution from 
                        an ADS account, and
                          (ii) any qualified special purpose 
                        distribution (whether or not a 
                        qualified distribution) from an ADS 
                        account.
          (2) Qualified distribution.--For purposes of this 
        subsection--
                  (A) In general.--The term ``qualified 
                distribution'' means any payment or 
                distribution--
                          (i) made on or after the date on 
                        which the individual attains age 59\1/
                        2\,
                          (ii) made to a beneficiary (or to the 
                        estate of the individual) on or after 
                        the death of the individual,
                          (iii) attributable to the 
                        individual's being disabled (within the 
                        meaning of section 72(m)(7)), or
                          (iv) which is a qualified special 
                        purpose distribution.
                  (B) Distributions within 5 years.--No payment 
                or distribution shall be treated as a qualified 
                distribution if--
                          (i) it is made within the 5-taxable 
                        year period beginning with the 1st 
                        taxable year for which the individual 
                        made a contribution to an ADS account 
                        (or such individual's spouse made a 
                        contribution to an ADS account) 
                        established for such individual, or
                          (ii) in the case of a payment or 
                        distribution properly allocable to a 
                        rollover contribution (or income 
                        allocable thereto), it is made within 5 
                        years after the date on which such 
                        rollover contribution was made, as 
                        determined under regulations prescribed 
                        by the Secretary.
                Clause (ii) shall not apply to a rollover 
                contribution from an ADS account.
          (3) Income inclusion for rollovers from non-ADS 
        accounts.--In the case of any amount paid or 
        distributed out of an individual retirement plan (other 
        than an ADS account) which is paid into an ADS account 
        (established for the benefit of the payee or 
        distributee, as the case may be) before the close of 
        the 60th day after the day on which the payment or 
        distribution is received--
                  (A) sections 72(t) and 408(d)(3) shall not 
                apply, and
                  (B) any amount required to be included in 
                gross income by reason of this paragraph shall 
                be so included ratably over the 4-taxable year 
                period beginning with the taxable year in which 
                the payment or distribution is made.
  (e) Qualified Special Purpose Distribution.--
          (1) In general.--For purposes of this section, the 
        term ``qualified special purpose distribution'' means 
        any payments or distributions from an ADS account to 
        the individual for whose benefit such account is 
        established--
                  (A) if such payments or distributions are 
                qualified first-time homebuyer distributions, 
                or
                  (B) to the extent such payments or 
                distributions do not exceed--
                          (i) the qualified higher education 
                        expenses of the taxpayer for the 
                        taxable year in which received, and
                          (ii) the qualified medical expenses 
                        of the taxpayer for the taxable year in 
                        which received.
          (2) Qualified first-time homebuyer distributions.--
                  (A) In general.--For purposes of this 
                subsection, the term ``qualified first-time 
                homebuyer distribution'' means any payment or 
                distribution received by an individual to the 
                extent such payment or distribution is used by 
                the individual before the close of the 60th day 
                after the day on which such payment or 
                distribution is received to pay qualified 
                acquisition costs with respect to a principal 
                residence for such individual as a first-time 
                homebuyer.
                  (B) Qualified acquisition costs.--For 
                purposes of this paragraph, the term 
                ``qualified acquisition costs'' means the costs 
                of acquiring, constructing, or reconstructing a 
                residence. Such term includes any usual or 
                reasonable settlement, financing, or other 
                closing costs.
                  (C) First-time homebuyer; other 
                definitions.--For purposes of this paragraph--
                          (i) First-time homebuyer.--The term 
                        ``first-time homebuyer'' means any 
                        individual if such individual (and, if 
                        married, such individual's spouse) had 
                        no present ownership interest in a 
                        principal residence during the 3-year 
                        period ending on the date of 
                        acquisition of the principal residence 
                        to which this paragraph applies.
                          (ii) Principal residence.--The term 
                        ``principal residence'' has the same 
                        meaning as when used in section 1034.
                          (iii) Date of acquisition.--The term 
                        ``date of acquisition'' means the 
                        date--
                                  (I) on which a binding 
                                contract to acquire the 
                                principal residence to which 
                                subparagraph (A) applies is 
                                entered into, or
                                  (II) on which a binding 
                                contract to construct or 
                                reconstruct such a principal 
                                residence is entered into.
                  (D) Special rule where delay in 
                acquisition.--If any payment or distribution 
                out of an ADS account fails to meet the 
                requirements of subparagraph (A) solely by 
                reason of a delay or cancellation of the 
                purchase, construction, or reconstruction of 
                the residence, the amount of the payment or 
                distribution may be contributed to an ADS 
                account as provided in subsection (d)(3)(A)(i) 
                of section 408 (determined by substituting 
                ``120th day'' for ``60th day'' in such 
                subsection), except that--
                          (i) subsection (d)(3)(B) of such 
                        section shall not be applied to such 
                        contribution, and
                          (ii) such amount shall not be taken 
                        into account in determining whether 
                        subsection (d)(3)(A)(i) of such section 
                        applies to any other amount.
          (3) Qualified higher education expenses.--For 
        purposes of this subsection--
                  (A) In general.--The term ``qualified higher 
                education expenses'' means tuition, fees, 
                books, supplies, and equipment required for the 
                enrollment or attendance of--
                          (i) the taxpayer,
                          (ii) the taxpayer's spouse, or
                          (iii) the taxpayer's child (as 
                        defined in section 151(c)(3)) or 
                        grandchild,
                at an eligible educational institution (as 
                defined in section 135(c)(3)).
                  (B) Coordination with savings bond 
                provisions.--The amount of qualified higher 
                education expenses for any taxable year shall 
                be reduced by any amount excludable from gross 
                income under section 135.
          (4) Qualified medical expenses.--
                  (A) In general.--For purposes of this 
                subsection, the term ``qualified medical 
                expenses'' means any amounts paid during the 
                taxable year, not compensated for by insurance 
                or otherwise, for medical care (as defined in 
                section 213(d)) of the taxpayer, his spouse, or 
                a dependent (as defined in section 152).
                  (B) Long-term care insurance premiums treated 
                as medical expenses.--For purposes of 
                subparagraph (A), section 213(d)(1)(C) shall 
                not apply but the term ``qualified medical 
                expenses'' shall include premiums for long-term 
                care insurance (as defined in section 7702B(b)) 
                for coverage of the taxpayer or his spouse.
  (f) Other Definitions.--For purposes of this section--
          (1) Rollover contributions.--The term ``rollover 
        contributions'' means contributions described in 
        section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3).
          (2) Compensation.--The term ``compensation'' has the 
        meaning given such term by section 219(f).
          * * * * * * *
                        Subpart B--Special Rules

          * * * * * * *

SEC. 415. LIMITATIONS ON BENEFITS AND CONTRIBUTION UNDER QUALIFIED 
                    PLANS.

  (a) * * *
          * * * * * * *
  (k) Special Rules.--
          (1) Defined benefit plan and defined contribution 
        plan.--For purposes of this title, the term ``defined 
        contribution plan'' or ``defined benefit plan'' means a 
        defined contribution plan (within the meaning of 
        section 414(i)) or a defined benefit plan (within the 
        meaning of section 414(j)), whichever applies, which 
        is--
                  (A) a plan described in section 401(a) which 
                includes a trust which is exempt from tax under 
                section 501(a),
                  (B) an annuity plan described in section 
                403(a),
                  (C) an annuity contract described in section 
                403(b), or
                  [(D) an individual retirement account 
                described in section 408(a),
                  [(E) an individual retirement annuity 
                described in section 408(b), or
                  [(F)] (D) a simplified employee pension.
          * * * * * * *
             Subpart D--Treatment of Welfare Benefits Funds

          * * * * * * *

SEC. 419A. QUALIFIED ASSET ACCOUNT; LIMITATION ON ADDITIONS TO ACCOUNT.

  (a) * * *
          * * * * * * *
  (c) Account Limit.--For purposes of this section--
          (1)
          * * * * * * * * * *
          (3) Amount taken into account for sub or [severence] 
        severance pay benefits.--
                  (A) * * *
          * * * * * * *
      Subpart E--Treatment of Transfers to Retiree Health Accounts

          * * * * * * *

SEC. 420. TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH 
                    ACCOUNTS.

  (a) * * *
          * * * * * * *
  (e) Definition and Special Rules.--For purposes of this 
section--
          (1) Qualified current retiree health liabilities.--
        For purposes of this section--
                  (A) * * *
          * * * * * * *
                  (C) Applicable health benefits.--The term 
                ``applicable health benefits'' [mean] means 
                health benefits or coverage which are provided 
                to--
                          (i) * * *
          * * * * * * *
                     PART II--CERTAIN STOCK OPTIONS

          * * * * * * *

SEC. 424. DEFINITIONS AND SPECIAL RULES.

  (a) * * *
          * * * * * * *
  (c) Disposition.--
          (1) * * *
          * * * * * * *
          (3) Special rule where incentive stock is acquired 
        through use of other statutory option stock.--
                  (A) * * *
                  (B) Statutory option stock.--For purpose of 
                subparagraph (A), the term ``statutory option 
                stock'' means any stock acquired through the 
                exercise of [a qualified stock option, an 
                incentive stock option, an option granted under 
                an employee stock purchase plan, or a 
                restricted stock option] an incentive stock 
                option or an option granted under an employee 
                stock purchase plan.
          * * * * * * *

       Subchapter E--Accounting Periods and Methods of Accounting

          * * * * * * *

                     PART II--METHODS OF ACCOUNTING

          * * * * * * *

    Subpart B--Taxable Year for Which Items of Gross Income Included

          * * * * * * *

SEC. 453A. SPECIAL RULES FOR NONDEALERS.

  (a) * * *
          * * * * * * *
  (c) Interest on Deferred Tax Liability.--
          (1) * * *
          * * * * * * *
          (3) Deferred tax liability.--For purposes of this 
        section, the term ``deferred tax liability'' means, 
        with respect to any taxable year, the product of--
                  (A) the amount of gain with respect to an 
                obligation which has not been recognized as of 
                the close of such taxable year, multiplied by
                  (B) the maximum rate of tax in effect under 
                section 1 or 11, whichever is appropriate, for 
                such taxable year.
        For purposes of applying the preceding sentence with 
        respect to so much of the gain which, when recognized, 
        will be treated as long-term capital gain, [the maximum 
        rate on net capital gain under section 1(h) or 1201 
        (whichever is appropriate) shall be taken into 
        account.] the maximum rate on net capital gain under 
        section 1201 or the deduction under section 1202 
        (whichever is appropriate) shall be taken into account.
          * * * * * * *

SEC. 457. DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS 
                    AND TAX-EXEMPT ORGANIZATIONS.

  (a) * * *
          * * * * * * *
  (d) Distribution Requirements.--
          (1) In general.--For purposes of subsection (b)(5), a 
        plan meets the distribution requirements of this 
        subsection if--
                  (A) under the plan amounts will not be made 
                available to participants or beneficiaries 
                earlier than--
                          (i) the calendar year in which the 
                        participant attains age 70\1/2\,
                          (ii) when the participant is 
                        separated from service with the 
                        employer, [or]
                          (iii) when the participant is faced 
                        with an unforeseeable emergency 
                        (determined in the manner prescribed by 
                        the Secretary in regulations), [and] or
                          (iv) the date distributions for 
                        premiums for a long-term care insurance 
                        contract (as defined in section 
                        7702B(b)) for coverage of such 
                        individual or the spouse of such 
                        individual are made, and
          * * * * * * *
SEC. 460. SPECIAL RULES FOR LONG-TERM CONTRACTS.

  (a) * * *
  (b) Percentage of Completion Method.--
          (1) Requirements of percentage of completion 
        method.--Except as provided in paragraph (3), in the 
        case of any long-term contract with respect to which 
        the percentage of completion method is used--
                  (A) the percentage of completion shall be 
                determined by comparing costs allocated to the 
                contract under subsection (c) and incurred 
                before the close of the taxable year with the 
                estimated total contract costs, and
                  (B) upon completion of the contract (or, with 
                respect to any amount properly taken into 
                account after completion of the contract, when 
                such amount is so properly taken into account), 
                the taxpayer shall pay (or shall be entitled to 
                receive) interest computed under the look-back 
                method of paragraph (2).
        In the case of any long-term contract with respect to 
        which the percentage of completion method is used, 
        except for purposes of applying [the look-back method 
        of paragraph (3)] the look-back method of paragraph 
        (2), any income under the contract (to the extent not 
        previously includible in gross income) shall be 
        included in gross income for the taxable year following 
        the taxable year in which the contract was completed. 
        For purposes of subtitle F (other than sections 6654 
        and 6655) any interest required to be paid by the 
        taxpayer under subparagraph (B) shall be treated as an 
        increase in the tax imposed by this chapter for the 
        taxable year in which the contract is completed (or, in 
        the case of interest payable with respect to any amount 
        properly taken into account after completion of the 
        contract, for the taxable year in which the amount is 
        so properly taken into account).
          * * * * * * *
  (e) Exception for Certain Construction Contracts.--
          (1) * * *
          * * * * * * *
          (6) Definitions relating to residential construction 
        contracts.--For purposes of this subsection--
                  (A) * * *
                  (B) Residential construction contract.--The 
                term ``residential construction contract'' 
                means any contract which would be described in 
                subparagraph (A) if clause (i) of such 
                subparagraph reads as follows:
                          ``(i) dwelling units (as defined in 
                        [section 167(k)] section 
                        168(e)(2)(A)(ii)), and''.
          * * * * * * *

           Subpart C--Taxable Year for Which Deduction Taken
SEC. 461. GENERAL RULE FOR TAXABLE YEAR OF DEDUCTION.

  (a) * * *
          * * * * * * *
  (i) Special Rules for Tax Shelters.--
          (1) * * *
          * * * * * * *
          (3) Tax shelter defined.--
  For purposes of this subsection, the term ``tax shelter'' 
means--
                  (A) * * *
          * * * * * * *
                  (C) any tax shelter (as defined in [section 
                6662(d)(2)(C)(ii)] section 6662(d)(2)(C)(iii)).
          * * * * * * *
SEC. 465. DEDUCTIONS LIMITED TO AMOUNT AT RISK.

  (a) Limitation to Amount at Risk.--
          (1) * * *
          * * * * * * *
          (4) Treatment of neutral cost recovery deduction.--
                  (A) In general.--None of the additional 
                deduction allowable by reason of section 168(k) 
                for the taxable year shall be disallowed under 
                paragraph (1) unless there is a disallowed non-
                NCR loss for such year.
                  (B) Proportionate disallowance.--
                          (i) In general.--If there is a 
                        disallowed non-NCR loss for the taxable 
                        year, only the disallowed portion of 
                        the additional deduction allowable by 
                        reason of section 168(k) shall be not 
                        allowed under paragraph (1).
                          (ii) Disallowed portion.--For 
                        purposes of clause (i), the disallowed 
                        portion is the percentage which the 
                        disallowed non-NCR loss's allocable 
                        share of non-NCR depreciation is of 
                        total non-NCR depreciation.
                          (iii) Allocable share.--For purposes 
                        of clause (ii), a disallowed non-NCR 
                        loss's allocable share of non-NCR 
                        depreciation is the amount which bears 
                        the same ratio to the amount of the 
                        loss as the amount of non-NCR 
                        depreciation for the taxable year bears 
                        to the total amount of deductions for 
                        such taxable year.
                  (C) Definitions.--For purposes of this 
                paragraph--
                          (i) Disallowed non-ncr loss.--The 
                        term ``disallowed non-NCR loss'' means, 
                        for any taxable year, the amount of the 
                        loss from the activity which would be 
                        disallowed under paragraph (1) if such 
                        loss were determined without regard to 
                        the additional deduction allowable by 
                        reason of section 168(k).
                          (ii) Non-ncr depreciation.--The term 
                        ``non-NCR depreciation'' means the 
                        amount allowable as a deduction under 
                        section 168 without regard to 
                        subsection (k) thereof.
          * * * * * * *
SEC. 469. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.

  (a) * * *
          * * * * * * *
  (c) Passive Activity Defined.--For purposes of this section--
          (1) * * *
          * * * * * * *
          (3) Working interests in oil and gas property.--
                  (A) * * *
                  (B) Income in subsequent years.--If any 
                taxpayer has any loss for any taxable year from 
                a working interest in any oil or gas property 
                which is treated as a loss which is not from a 
                passive activity, then any net income from such 
                property (or any property the basis of which is 
                determined in whole or in part by reference to 
                the basis of such property) for any succeeding 
                taxable year shall be treated as income of the 
                taxpayer which is not from a passive activity. 
                If the preceding sentence applies to the net 
                income from any property for any taxable year, 
                any credits allowable under subpart B (other 
                than section 27(a)) or D of part IV of 
                subchapter A for such taxable year which are 
                attributable to such property shall be treated 
                as credits not from a passive activity to the 
                extent the amount of such credits does not 
                exceed the regular tax liability of the 
                taxpayer for the taxable year which is 
                allocable to such net income.
          * * * * * * *
  (g) Dispositions of Entire Interest in Passive Activity.--
  If during the taxable year a taxpayer disposes of his entire 
interest in any passive activity (or former passive activity), 
the following rules shall apply:
          (1) Fully taxable transaction.--
                  [(A) In general.--If all gain or loss 
                realized on such disposition is recognized, the 
                excess of--
                          [(i) the sum of--
                                  [(I) any loss from such 
                                activity for such taxable year 
                                (determined after application 
                                of subsection (b)), plus
                                  [(II) any loss realized on 
                                such disposition, over
                          [(ii) net income or gain for such 
                        taxable year from all passive 
                        activities (determined without regard 
                        to losses described in clause (i)),
                shall be treated as a loss which is not from a 
                passive activity.]
                  (A) In general.--If all gain or loss realized 
                on such disposition is recognized, the excess 
                of--
                          (i) any loss from such activity for 
                        such taxable year (determined after the 
                        application of subsection (b)), over
                          (ii) any net income or gain for such 
                        taxable year from all other passive 
                        activities (determined after the 
                        application of subsection (b)),
                shall be treated as a loss which is not from a 
                passive activity.
          * * * * * * *

                   Subchapter F--Exempt Organizations

                          PART I--GENERAL RULE
SEC. 501. EXEMPTION FROM TAX ON CORPORATIONS, CERTAIN TRUSTS, ETC.

  (a) * * *
          * * * * * * *
  (c) List of Exempt Organizations.--
  The following organizations are referred to in subsection 
(a):
          (1) * * *
          * * * * * * *
          (21)(A) * * *
          * * * * * * *
                  (D) For purposes of this paragraph:
                          (i) * * *
                          (ii) The term ``qualified 
                        investments'' means--
                                  (I) public debt securities of 
                                the United States,
                                  (II) obligations of a State 
                                or local government which are 
                                not in default as to principal 
                                or interest, and
                                  (III) time or demand deposits 
                                in a bank (as defined in 
                                section 581) or an insured 
                                credit union (within the 
                                meaning of [section 101(6)] 
                                section 101(7) of the Federal 
                                Credit Union Act, 12 U.S.C. 
                                [1752(6)] 1752(7)) located in 
                                the United States.
          * * * * * * *

  Subchapter G--Corporations Used to Avoid Income Tax on Shareholders

          PART I--CORPORATION IMPROPERLY ACCUMULATING SURPLUS

          * * * * * * *
SEC. 537. REASONABLE NEEDS OF THE BUSINESS.

  (a) * * *
  (b) Special Rules.--For purposes of subsection (a)--
          (1) * * *
          * * * * * * *
          (4) Product liability loss reserves.--The 
        accumulation of reasonable amounts for the payment of 
        reasonably anticipated product liability losses (as 
        defined in [section 172(i)] section 172(f)), as 
        determined under regulations prescribed by the 
        Secretary, shall be treated as accumulated for the 
        reasonably anticipated needs of the business.
          * * * * * * *

                  PART II--PERSONAL HOLDING COMPANIES

          * * * * * * *

SEC. 543. PERSONAL HOLDING COMPANY INCOME.

  (a) General rule.--For purposes of this subtitle, the term 
``personal holding company income'' means the portion of the 
adjusted ordinary gross income which consists of:
          (1) * * *
          (2) Rents.--The adjusted income from rents; except 
        that such adjusted income shall not be included if--
                  (A) such adjusted income constitutes 50 
                percent or more of the adjusted ordinary gross 
                income, and
                  (B) the sum of--
                          (i) the dividends paid during the 
                        taxable year (determined under section 
                        562),
                          (ii) the dividends considered as paid 
                        on the last day of the taxable year 
                        under [section 563(c)] section 563(d) 
                        (as limited by the second sentence of 
                        section 563(b)), and
          * * * * * * *

                    Subchapter I--Natural Resources

                           PART I--DEDUCTIONS

          * * * * * * *
SEC. 613. PERCENTAGE DEPLETION.

  (a) * * *
          * * * * * * *
  (e) Percentage Depletion for Geothermal Deposits.--
          (1) In general.--In the case of geothermal deposits 
        located in the United States or in a possession of the 
        United States, for purposes of subsection (a)--
                  (A) such deposits shall be treated as listed 
                in subsection (b), and
                  (B) 15 percent shall be deemed to be the 
                percentage specified in paragraph (b)[,].
          * * * * * * *
SEC. 613A. LIMITATIONS ON PERCENTAGE DEPLETION IN CASE OF OIL AND GAS 
                    WELLS.

  (a) * * *
          * * * * * * *
  (c) Exemption for Independent Producers and Royalty Owners.--
          (1) * * *
          * * * * * * *
          (3) Depletable oil quantity.--
                  (A) In general.--For purposes of paragraph 
                (1), the taxpayer's depletable oil quantity 
                shall be equal to--
                          (i) the tentative quantity determined 
                        under [the table contained in] 
                        subparagraph (B), reduced (but not 
                        below zero) by
          * * * * * * *

      Subchapter J--Estates, Trusts, Beneficiaries, and Decedents

               PART I--ESTATES, TRUSTS, AND BENEFICIARIES

      Subpart A--General Rules for Taxation of Estates and Trusts

          * * * * * * *
SEC. 642. SPECIAL RULES FOR CREDITS AND DEDUCTIONS.

  (a) * * *
          * * * * * * *
  (c) Deduction for Amounts Paid or Permanently Set Aside for a 
Charitable Purpose.--
          (1) * * *
          * * * * * * *
          [(4) Adjustments.--To the extent that the amount 
        otherwise allowable as a deduction under this 
        subsection consists of gain described in section 
        1202(a), proper adjustment shall be made for any 
        exclusion allowable to the estate or trust under 
        section 1202. In the case of a trust, the deduction 
        allowed by this subsection shall be subject to section 
        681 (relating to unrelated business income).]
          (4) Adjustments.--To the extent that the amount 
        otherwise allowable as a deduction under this 
        subsection consists of gain from the sale or exchange 
        of capital assets held for more than 1 year, proper 
        adjustment shall be made for any deduction allowable to 
        the estate or trust under section 1202 (relating to 
        deduction for excess of capital gains over capital 
        losses). In the case of a trust, the deduction allowed 
        by this subsection shall be subject to section 681 
        (relating to unrelated business income).
          * * * * * * *
  (g) Disallowance of Double Deductions.--Amounts allowable 
under section 2053 or 2054 as a deduction in computing the 
taxable estate of a decedent shall not be allowed as a 
deduction (or as an offset against the sales price of property 
in determining gain or loss) in computing the taxable income of 
the estate or of any other person, unless there is filed, 
within the time and in the manner and form prescribed by the 
Secretary, a statement that the amounts have not been allowed 
as deductions under section 2053 or 2054 and a waiver of the 
right to have such amounts allowed at any time as deductions 
under section 2053 or 2054. Rules similar to the rules of the 
preceding sentence shall apply to amounts which may be taken 
into account [under 2621(a)(2)] under section 2621(a)(2) or 
2622(b). This subsection shall not apply with respect to 
deductions allowed under part II (relating to income in respect 
of decedents).
          * * * * * * *

SEC. 643. DEFINITIONS APPLICABLE TO SUBPARTS A, B, C, AND D.

  (a) Distributable Net Income.--For purposes of this part, the 
term ``distributable net income'' means, with respect to any 
taxable year, the taxable income of the estate or trust 
computed with the following modifications--
          (1) * * *
          * * * * * * *
          (3) Capital gains and losses.--Gains from the sale or 
        exchange of capital assets shall be excluded to the 
        extent that such gains are allocated to corpus and are 
        not (A) paid, credited, or required to be distributed 
        to any beneficiary during the taxable year, or (B) 
        paid, permanently set aside, or to be used for the 
        purposes specified in section 642(c). Losses from the 
        sale or exchange of capital assets shall be excluded, 
        except to the extent such losses are taken into account 
        in determining the amount of gains from the sale or 
        exchange of capital assets which are paid, credited, or 
        required to be distributed to any beneficiary during 
        the taxable year. The exclusion under section 1202 
        shall not be taken into account. The deduction under 
        section 1202 (relating to deduction of excess of 
        capital gains over capital losses) shall not be taken 
        into account.
          * * * * * * *
          (6) Income of foreign trust.--In the case of a 
        foreign trust--
                  (A) * * *
          * * * * * * *
                  (C) Paragraph (3) shall not apply to a 
                foreign trust. In the case of such a trust, (i) 
                there shall be included gains from the sale or 
                exchange of capital assets, reduced by losses 
                from such sales or exchanges to the extent such 
                losses do not exceed gains from such sales or 
                exchanges, and (ii) the deduction under section 
                1202 (relating to capital gains deduction) 
                shall not be taken into account.
If the estate or trust is allowed a deduction under section 
642(c), the amount of the modifications specified in paragraphs 
(5) and (6) shall be reduced to the extent that the amount of 
income which is paid, permanently set aside, or to be used for 
the purposes specified in section 642(c) is deemed to consist 
of items specified in those paragraphs. For this purpose, such 
amount shall (in the absence of specific provisions in the 
governing instrument) be deemed to consist of the same 
proportion of each class of items of income of the estate or 
trust as the total of each class bears to the total of all 
classes.
          * * * * * * *

                PART II--INCOME IN RESPECT OF DECEDENTS

          * * * * * * *

SEC. 691. RECIPIENTS OF INCOME IN RESPECT OF DECEDENTS.

  (a) * * *
          * * * * * * *
  (c) Deduction for Estate Tax.--
          (1) * * *
          * * * * * * *
          (4) Coordination with capital gain provisions.--For 
        purposes of sections [1(h),] 1201, [1202,] 1202, and 
        1211, the amount of any gain taken into account with 
        respect to any item described in subsection (a)(1) 
        shall be reduced (but not below zero) by the amount of 
        the deduction allowable under paragraph (1) of this 
        subsection with respect to such item.
          * * * * * * *
                Subchapter K--Partners and Partnerships

          * * * * * * *

          PART II--CONTRIBUTIONS, DISTRIBUTIONS, AND TRANSFERS

               Subpart A--Contributions to a Partnership

          * * * * * * *
SEC. 724. CHARACTER OF GAIN OR LOSS ON CONTRIBUTED UNREALIZED 
                    RECEIVABLES, INVENTORY ITEMS, AND CAPITAL LOSS 
                    PROPERTY.

  (a) * * *
          * * * * * * *
  (d) Definitions.--For purposes of this section--
          (1) * * *
          * * * * * * *
          (3) Substituted basis property.--
                  (A) * * *
                  (B) Exception for stock in C corporation.--
                [Subparagaph] Subparagraph (A) shall not apply 
                to any stock in a C corporation received in an 
                exchange described in section 351.
          * * * * * * *

                   Subchapter L--Insurance Companies

                    PART I--LIFE INSURANCE COMPANIES

          * * * * * * *

                  Subpart C--Life Insurance Deductions

          * * * * * * *
SEC. 805. GENERAL DEDUCTIONS.

  (a) General Rule.--For purposes of this part, there shall be 
allowed the following deductions:
          (1) * * *
          * * * * * * *
          (4) Dividends received by company.--
                  (A) * * *
          * * * * * * *
                  (E) Certain dividends received by foreign 
                corporations.--Subparagraph (A)(i) (and not 
                subparagraph (A)(ii)) shall apply to any 
                dividend received by a foreign corporation from 
                a domestic corporation which would be a 100 
                percent dividend if section 1504(b)(3) did not 
                apply for purposes of applying section 
                [243(b)(5)] 243(b)(2).
          * * * * * * *
SEC. 807. RULES FOR CERTAIN RESERVES.

  (a) * * *
          * * * * * * *
  (d) Method of Computing Reserves for Purposes of Determining 
Income.--
          (1) * * *
          * * * * * * *
          (3) Tax reserve method.--For purposes of this 
        subsection--
                  (A) In general.--The term ``tax reserve 
                method'' means--
                          (i) * * *
          * * * * * * *
                          (iii) Noncancellable accident and 
                        health insurance contracts.--In the 
                        case of any noncancellable accident and 
                        health insurance contract (other than a 
                        long-term care insurance contract, as 
                        defined in section 7702B(b)), a 2-year 
                        full preliminary term method.
          * * * * * * *
                  (B) Definition of crvm and carvm.--For 
                purposes of this paragraph--
                          (i) CRVM.--The term ``CRVM'' means 
                        the Commissioners' Reserve Valuation 
                        Method prescribed by the National 
                        Association of Insurance Commissioners 
                        which is in effect on the date of the 
                        issuance of the contract.
                          (ii) CARVM.--The term ``CARVM'' means 
                        the [Commissoners'] Commissioners' 
                        Annuities Reserve Valuation Method 
                        prescribed by the National Association 
                        of Insurance Commissioners which is in 
                        effect on the date of the issuance of 
                        the contract.
          * * * * * * *

                Subpart E--Definitions and Special Rules

          * * * * * * *

SEC. 818. OTHER DEFINITIONS AND SPECIAL RULES.

  (a) * * *
          * * * * * * *
  (g) Qualified Accelerated Death Benefit Riders Treated as 
Life Insurance.--For purposes of this part--
          (1) In general.--Any reference to a life insurance 
        contract shall be treated as including a reference to a 
        qualified accelerated death benefit rider on such 
        contract.
          (2) Qualified accelerated death benefit riders.--For 
        purposes of this subsection, the term ``qualified 
        accelerated death benefit rider'' means any rider on a 
        life insurance contract if the only payments under the 
        rider are payments meeting the requirements of section 
        101(g).
          (3) Exception for long-term care riders.--Paragraph 
        (1) shall not apply to any rider which is treated as a 
        long-term care insurance contract under section 7702B.
          * * * * * * *

                   PART II--OTHER INSURANCE COMPANIES

          * * * * * * *
SEC. 832. INSURANCE COMPANY TAXABLE INCOME.

  (a) * * *
  (b) Definitions.--In the case of an insurance company subject 
to the tax imposed by section 831--
          (1) * * *
          * * * * * * *
          (5) Losses incurred.--
                  (A) * * *
          * * * * * * *
                  (C) Exception for investments made before 
                august 8, 1986.--
                          (i) In general.--Except as provided 
                        in clause (ii), subparagraph (B) shall 
                        not apply to any dividend or interest 
                        received or accrued on any stock or 
                        obligation acquired before August 8, 
                        1986.
                          (ii) Special rule for 100 percent 
                        dividends.--For purposes of clause (i), 
                        the portion of any 100 percent dividend 
                        which is attributable to prorated 
                        amounts shall be treated as received 
                        with respect to stock acquired on the 
                        later of--
                                  (I) the date the payor 
                                acquired the stock or 
                                obligation to which the 
                                prorated amounts are 
                                attributable, or
                                  (II) the 1st day on which the 
                                payor and payee were members of 
                                the same affiliated group (as 
                                defined in section [243(b)(5)] 
                                243(b)(2)).
                  (D) Definitions.--For purposes of this 
                paragraph--
                          (i) Prorated amounts.--The term 
                        ``prorated amounts'' means tax-exempt 
                        interest and dividends with respect to 
                        which a deduction is allowable under 
                        section 243, 244, or 245 (other than 
                        100 percent dividends).
                          (ii) 100 percent dividend.--
                                  (I) In general.--The term 
                                ``100 percent dividend'' means 
                                any dividend if the percentage 
                                used for purposes of 
                                determining the deduction 
                                allowable under section 243, 
                                244, or 245(b) is 100 percent.
                                  (II) Certain dividends 
                                received by foreign 
                                corporations.--A dividend 
                                received by a foreign 
                                corporation from a domestic 
                                corporation which would be a 
                                100 percent dividend if section 
                                1504(b)(3) did not apply for 
                                purposes of applying section 
                                [243(b)(5)] 243(b)(2) shall be 
                                treated as a 100 percent 
                                dividend.
          * * * * * * *

Subchapter M--Regulated Investment Companies and Real Estate Investment 
                                 Trusts

          * * * * * * *

                 PART I--REGULATED INVESTMENT COMPANIES

          * * * * * * *

SEC. 852. TAXATION OF REGULATED INVESTMENT COMPANIES AND THEIR 
                    SHAREHOLDERS.

  (a) * * *
  (b) Method of Taxation of Companies and Shareholders.--
          (1) * * *
          * * * * * * *
          (3) Capital gains.--
                  (A) * * *
          * * * * * * *
                  (D) Treatment by shareholders of 
                undistributed capital gains.--
                          (i) * * *
          * * * * * * *
                          (iii) The adjusted basis of such 
                        shares in the hands of the shareholder 
                        shall be increased, with respect to the 
                        amounts required by this subparagraph 
                        to be included in computing his long-
                        term capital gains, by [65 percent] 75 
                        percent of so much of such amounts as 
                        equals the amount subject to tax in 
                        accordance with section 1201(a).
          * * * * * * *

                 PART II--REAL ESTATE INVESTMENT TRUSTS
SEC. 856. DEFINITION OF REAL ESTATE INVESTMENT TRUST.

  (a) In General.--For purposes of this title, the term ``real 
estate investment trust'' means a corporation, trust, or 
association--
          (1) * * *
          * * * * * * *
          (4) which is neither (A) a financial institution 
        referred to in [section 582(c)(5)] section 582(c)(2), 
        nor (B) an insurance company to which subchapter L 
        applies;
          * * * * * * *

           PART IV--REAL ESTATE MORTGAGE INVESTMENT CONDUITS

          * * * * * * *
SEC. 860E. TREATMENT OF INCOME IN EXCESS OF DAILY ACCRUALS ON RESIDUAL 
                    INTERESTS.

  (a) Excess Inclusions May Not Be Offset By Net Operating 
Losses.--
          (1) * * *
          * * * * * * *
          (6) Coordination with minimum tax.--For purposes of 
        part VI of subchapter A of this chapter--
                  (A) the reference in section 55(b)(2) to 
                taxable income shall be treated as a reference 
                to taxable income determined without regard to 
                this subsection,
                  (B) the alternative minimum taxable income of 
                any holder of a residual interest in a REMIC 
                for any taxable year shall in no event be less 
                than the excess inclusion for such taxable 
                year, and
                  (C) any excess inclusion shall be disregarded 
                for purposes of computing the alternative tax 
                net operating loss deduction.
        The preceding sentence shall not apply to any 
        organization to which section 593 applies, except to 
        the extent provided in regulations prescribed by the 
        Secretary under paragraph (2).
          * * * * * * *
SEC. 860F. OTHER RULES.

  (a) 100 Percent Tax on Prohibited Transactions.--
          (1) * * *
          * * * * * * *
          (5) Exceptions.--Notwithstanding subparagraphs (A) 
        and (D) of paragraph [(1)] (2), the term ``prohibited 
        transaction'' shall not include any disposition--
                  (A) required to prevent default on a regular 
                interest where the threatened default resulted 
                from a default on 1 or more qualified 
                mortgages, or
                  (B) to facilitate a clean-up call (as defined 
                in regulations).
          * * * * * * *

 Subchapter N--Tax Based on Income From Sources Within or Without the 
                             United States

               PART I--DETERMINATION OF SOURCES OF INCOME

          * * * * * * *
SEC. 865. SOURCE RULES FOR PERSONAL PROPERTY SALES.

  (a) * * *
  (b) Exception for Inventory Property.--In the case of income 
derived from the sale of inventory property--
          (1) this section shall not apply, and
          (2) such income shall be sourced under the rules of 
        sections 861(a)(6), 862(a)(6), and 863[(b)].
Notwithstanding the preceding sentence, any income from the 
sale of any unprocessed timber which is a softwood and was cut 
from an area in the United States shall be sourced in the 
United States and the rules of sections 862(a)(6) and 863(b) 
shall not apply to any such income. For purposes of the 
preceding sentence, the term ``unprocessed timber'' means any 
log, cant, or similar form of timber.
          * * * * * * *

          PART II--NONRESIDENT ALIENS AND FOREIGN CORPORATIONS

          * * * * * * *

                Subpart A--Nonresident Alien Individuals

          * * * * * * *

SEC. 871. TAX ON NONRESIDENT ALIEN INDIVIDUALS.

  (a) Income Not Connected With United States Business--30 
Percent Tax.--
          (1) * * *
          (2) Capital gains of aliens present in the united 
        states 183 days or more.--In the case of a nonresident 
        alien individual present in the United States for a 
        period or periods aggregating 183 days or more during 
        the taxable year, there is hereby imposed for such year 
        a tax of 30 percent of the amount by which his gains, 
        derived from sources within the United States, from the 
        sale or exchange at any time during such year of 
        capital assets exceed his losses, allocable to sources 
        within the United States, from the sale or exchange at 
        any time during such year of capital assets. For 
        purposes of this paragraph, gains and losses shall be 
        taken into account only if, and to the extent that, 
        they would be recognized and taken into account if such 
        gains and losses were effectively connected with the 
        conduct of a trade or business within the United 
        States, except that such gains and losses shall be 
        determined without regard to section 1202 (relating to 
        deduction for capital gains) and such gains and losses 
        shall be determined without regard to section 1202 and 
        such losses shall be determined without the benefits of 
        the capital loss carryover provided in section 1212. 
        Any gain or loss which is taken into account in 
        determining the tax under paragraph (1) or subsection 
        (b) shall not be taken into account in determining the 
        tax under this paragraph. For purposes of the 183-day 
        requirement of this paragraph, a nonresident alien 
        individual not engaged in trade or business within the 
        United States who has not established a taxable year 
        for any prior period shall be treated as having a 
        taxable year which is the calendar year.
          (3) Taxation of social security benefits.--For 
        purposes of this section and section 1441--
                  (A) [85 percent] 50 percent of any social 
                security benefit (as defined in section 86(d)) 
                shall be included in gross income 
                (notwithstanding section 207 of the Social 
                Security Act), and
          * * * * * * *
        In the case of any taxable year beginning in a calendar 
        year after 1995 and before 2000, subparagraph (A) shall 
        be applied by substituting the percentage determined 
        for such calendar year under section 86(a)(3) for ``50 
        percent''. For treatment of certain citizens of 
        possessions of the United States see section 932(c).
                    Subpart B--Foreign Corporations

          * * * * * * *
SEC. 884. BRANCH PROFITS TAX.

  (a) * * *
          * * * * * * *
  (f) Treatment of Interest Allocable to Effectively Connected 
Income.--
          (1) In general.--In the case of a foreign corporation 
        engaged in a trade or business in the United States (or 
        having gross income treated as effectively connected 
        with the conduct of a trade or business in the United 
        States), for purposes of this subtitle--
                  (A) any interest paid by such trade or 
                business in the United States shall be treated 
                as if it were paid by a domestic corporation, 
                and
                  (B) [to the extent the amount of interest 
                allowable as a deduction under section 882 in 
                computing the effectively connected taxable 
                income of such foreign corporation exceeds the 
                interest described in subparagraph (A)] to the 
                extent that the allocable interest exceeds the 
                interest described in subparagraph (A), such 
                foreign corporation shall be liable for tax 
                under section 881(a) in the same manner as if 
                such excess were interest paid to such foreign 
                corporation by a wholly owned domestic 
                corporation on the last day of such foreign 
                corporation's taxable year.
        To the extent provided in regulations, subparagraph (A) 
        shall not apply to interest in excess of the amounts 
        [reasonably expected to be deductible under section 882 
        in computing the effectively connected taxable income 
        of such foreign corporation.] reasonably expected to be 
        allocable interest.
          [(2) Effectively connected taxable income.--For 
        purposes of this subsection, the term ``effectively 
        connected taxable income'' means taxable income which 
        is effectively connected (or treated as effectively 
        connected) with the conduct of a trade or business 
        within the United States.]
          (2) Allocable interest.--For purposes of this 
        subsection, the term ``allocable interest'' means any 
        interest which is allocable to income which is 
        effectively connected (or treated as effectively 
        connected) with the conduct of a trade or business in 
        the United States.
          * * * * * * *

                  Subpart D--Miscellaneous Provisions

          * * * * * * *
SEC. 897. DISPOSITION OF INVESTMENT IN UNITED STATES REAL PROPERTY.

  (a) * * *
          * * * * * * *
  [(f) Distributions by Domestic Corporations to Foreign 
Shareholders.--If a domestic corporation distributes a United 
States real property interest to a nonresident alien individual 
or a foreign corporation in a distribution to which section 301 
applies, notwithstanding any other provision of this chapter, 
the basis of such United States real property interest in the 
hands of such nonresident alien individual or foreign 
corporation shall not exceed--
          [(1) the adjusted basis of such property before the 
        distribution, increased by
          [(2) the sum of--
                  [(A) any gain recognized by the distributing 
                corporation on the distribution, and
                  [(B) any tax paid under this chapter by the 
                distributee on such distribution.]
          * * * * * * *

        PART III--INCOME FROM SOURCES WITHOUT THE UNITED STATES

                     Subpart A--Foreign Tax Credit

          * * * * * * *
SEC. 904. LIMITATION ON CREDIT.

  (a) * * *
  (b) Taxable Income for Purpose of Computing Limitation.--
          (1) * * *
          (2) Capital gains.--For purposes of this section--
                  [(A) In general.--Taxable income from sources 
                outside the United States shall include gain 
                from the sale or exchange of capital assets 
                only to the extent of foreign source capital 
                gain net income.
                  [(B) Special rules where capital gain rate 
                differential.--In the case of any taxable year 
                for which there is a capital gain rate 
                differential--]
                  (A) Corporations.--In the case of a 
                corporation--
                          (i) [in lieu of applying subparagraph 
                        (A),] the taxable income from sources 
                        outside the United States shall include 
                        gain from the sale or exchange of 
                        capital assets only in an amount equal 
                        to foreign source capital gain net 
                        income reduced by the rate differential 
                        portion of foreign source net capital 
                        gain,
          * * * * * * *
                  (B) Other taxpayers.--In the case of a 
                taxpayer other than a corporation, taxable 
                income from sources outside the United States 
                shall include gain from the sale or exchange of 
                capital assets only to the extent of foreign 
                source capital gain net income.
          (3) Definitions.--For purposes of this subsection--
                  (A) * * *
          * * * * * * *
                  (C) Section 1231 gains.--The term ``gain from 
                the sale or exchange of capital assets'' 
                includes any gain so treated under section 
                1231.
                  [(D) Capital gain rate differential.--There 
                is a capital gain rate differential for any 
                taxable year if--
                          [(i) in the case of a taxpayer other 
                        than a corporation, subsection (h) of 
                        section 1 applies to such taxable year, 
                        or
                          [(ii) in the case of a corporation, 
                        any rate of tax imposed by section 11, 
                        511, or 831(a) or (b) (whichever 
                        applies) exceeds the alternative rate 
                        of tax under section 1201(a) 
                        (determined without regard to the last 
                        sentence of section 11(b)(1)).
                  [(E) Rate differential portion.--
                          [(i) In general.--The rate 
                        differential portion of foreign source 
                        net capital gain, net capital gain, or 
                        the excess of net capital gain from 
                        sources within the United States over 
                        net capital gain, as the case may be, 
                        is the same proportion of such amount 
                        as--
                                  [(I) the excess of the 
                                highest applicable tax rate 
                                over the alternative tax rate, 
                                bears to
                                  [(II) the highest applicable 
                                tax rate.
                          [(ii) Highest applicable tax rate.--
                        For purposes of clause (i), the term 
                        ``highest applicable tax rate'' means--
                                  [(I) in the case of a 
                                taxpayer other than a 
                                corporation, the highest rate 
                                of tax set forth in subsection 
                                (a), (b), (c), (d), or (e) of 
                                section 1 (whichever applies), 
                                or
                                  [(II) in the case of a 
                                corporation, the highest rate 
                                of tax specified in section 
                                11(b).
                          [(iii) Alternative tax rate.--For 
                        purposes of clause (i), the term 
                        ``alternative tax rate'' means--
                                  [(I) in the case of a 
                                taxpayer other than a 
                                corporation, the alternative 
                                rate of tax determined under 
                                section 1(j), or
                                  [(II) in the case of a 
                                corporation, the alternative 
                                rate of tax under section 
                                1201(a).]
                  (D) Rate differential portion.--The rate 
                differential portion of foreign source net 
                capital gain, net capital gain, or the excess 
                of net capital gain from sources within the 
                United States over net capital gain, as the 
                case may be, is the same proportion of such 
                amount as the excess of the highest rate of tax 
                specified in section 11(b) over the alternative 
                rate of tax under section 1201(a) bears to the 
                alternative rate of tax under section 1201(a).
          * * * * * * *
  (d) Separate Application of Section with Respect to Certain 
Categories of Income.--
          (1) * * *
          * * * * * * *
          (3) Look-thru in case of controlled foreign 
        corporations.--
                  (A) * * *
          * * * * * * *
                  (G) Dividend.--For purposes of this 
                paragraph, the term ``dividend'' includes any 
                amount included in gross income in [section 
                951(a)(1)(B)] subparagraph (B) or (C) of 
                section 951(a)(1). Any amount included in gross 
                income under section 78 to the extent 
                attributable to amounts included in gross 
                income in section 951(a)(1)(A) shall not be 
                treated as a dividend but shall be treated as 
                included in gross income under section 
                951(a)(1)(A).
          * * * * * * *
  (f) Recapture of Overall Foreign Loss.--
          (1) * * *
          (2) Overall foreign loss defined.--For purposes of 
        this subsection, the term ``overall foreign loss'' 
        means the amount by which the gross income for the 
        taxable year from sources without the United States 
        (whether or not the taxpayer chooses the benefits of 
        this subpart for such taxable year) for such year is 
        exceeded by the sum of the deductions properly 
        apportioned or allocated thereto, except that there 
        shall not be taken into account--
                  (A) any net operating loss deduction 
                allowable for such year under section 172(a), 
                and
                  (B) any--
                          (i) foreign expropriation loss for 
                        such year, as defined in section 172(h) 
                        (as in effect on the day before the 
                        date of the enactment of the Revenue 
                        Reconciliation Act of 1990), or
          * * * * * * *
SEC. 907. SPECIAL RULES IN CASE OF FOREIGN OIL AND GAS INCOME.

  (a) * * *
          * * * * * * *
  (c) Foreign Income Definitions and Special Rules.--For 
purposes of this section--
          (1) * * *
          * * * * * * *
          (4) Recapture of foreign oil and gas extraction 
        losses by recharacterizing later extraction income.--
                  (A) * * *
                  (B) Foreign oil extraction loss defined.--
                          (i) * * *
          * * * * * * *
                          (iii) Expropriation and casualty 
                        losses not taken into account.--For 
                        purposes of clause (i), there shall not 
                        be taken into account--
                                  (I) any foreign expropriation 
                                loss (as defined in section 
                                172(h) (as in effect on the day 
                                before the date of the 
                                enactment of the Revenue 
                                Reconciliation Act of 1990)) 
                                for the taxable year, or
                                  (II) any loss for the taxable 
                                year which arises from fire, 
                                storm, shipwreck, or other 
                                casualty, or from theft, to the 
                                extent such loss is not 
                                compensated for by insurance or 
                                otherwise.
          * * * * * * *

              Subpart D--Possessions of the United States

          * * * * * * *
SEC. 936. PUERTO RICO AND POSSESSION TAX CREDIT.

  (a) * * *
  (b) Amounts Received in United States.--In determining 
taxable income for purposes of subsection (a), there shall not 
be taken into account as income from sources without the United 
States any gross income which was received by such domestic 
corporation within the United States, whether derived from 
sources within or without the United States. This subsection 
shall not apply to any amount described in subsection 
(a)(1)(A)(i) received from a person who is not a related person 
(within the meaning of subsection (h)(3) but without regard to 
[subparagraphs (D)(ii)(I)] subparagraphs (D)(ii) and (E)(i) 
thereof) with respect to the domestic corporation.
          * * * * * * *

               Subpart F--Controlled Foreign Corporations

          * * * * * * *
SEC. 956A. EARNINGS INVESTED IN EXCESS PASSIVE ASSETS.

  (a) * * *
  (b) Applicable earnings.--For purposes of this section, the 
term ``applicable earnings'' means, with respect to any 
controlled foreign corporation, the sum of--
          [(1) the amount referred to in section 316(a)(1) to 
        the extent such amount was accumulated in taxable years 
        beginning after September 30, 1993, and]
          (1) the amount (not including a deficit) referred to 
        in section 316(a)(1) to the extent such amount was 
        accumulated in prior taxable years beginning after 
        September 30, 1993, and
          * * * * * * *
  (f) Regulations.--The Secretary shall prescribe such 
regulations as may be necessary to carry out the purposes of 
this section, including regulations to prevent the avoidance of 
the provisions of this section through reorganizations or 
otherwise and regulations coordinating the provisions of 
subsections (c)(3)(A) and (d).
          * * * * * * *
SEC. 958. RULES FOR DETERMINING STOCK OWNERSHIP.

  (a) Direct and indirect ownership.--
          (1) General rule.--For purposes of this subpart 
        (other than [sections 955(b)(1)(A) and (B), 
        955(c)(2)(A)(ii), and 960(a)(1)] section 960(a)(1)), 
        stock owned means--
                  (A) stock owned directly, and
                  (B) stock owned with the application of 
                paragraph (2).
          * * * * * * *
  (b) Constructive Ownership.--For purposes of sections 951(b), 
954(d)(3), [956(b)(2)] 956(c)(2), and 957, section 318(a) 
(relating to constructive ownership of stock) shall apply to 
the extent that the effect is to treat any United States person 
as a United States shareholder within the meaning of section 
951(b), to treat a person as a related person within the 
meaning of section 954(d)(3), to treat the stock of a domestic 
corporation as owned by a United States shareholder of the 
controlled foreign corporation for purposes of section 
[956(b)(2)] 956(c)(2), or to treat a foreign corporation as a 
controlled foreign corporation under section 957, except that--
          (1) * * *
          * * * * * * *
          (4) Subparagraph (A), (B), and (C) of section 
        318(a)(3) shall not be applied so as to consider a 
        United States person as owning stock which is owned by 
        a person who is not a United States person.
Paragraphs (1) and (4) shall not apply for purposes of section 
[956(b)(2)] 956(c)(2) to treat stock of a domestic corporation 
as not owned by a United States shareholder.
          * * * * * * *

          Subchapter O--Gain or Loss on Dispostion of Property

          * * * * * * *

              PART II--BASIS RULES OF GENERAL APPLICATION
        Sec. 1011. Adjusted basis for determining gain or loss.
        Sec. 1022. Indexing of certain assets acquired after December 
                  31, 1994, for purposes of determining gain.
          * * * * * * *
SEC. 1017. DISCHARGE OF INDEBTEDNESS.

  (a) * * *
  (b) Amount and Properties Determined Under Regulations.--
          (1) * * *
          * * * * * * *
          (4) Special rules for qualified farm indebtedness.--
                  (A) In general.--Any amount which under 
                [subsection (b)(2)(D)] subsection (b)(2)(E) of 
                section 108 is to be applied to reduce basis 
                and which is attributable to an amount excluded 
                under subsection (a)(1)(C) of section 108--
                          (i) * * *
          * * * * * * *
SEC. 1022. INDEXING OF CERTAIN ASSETS ACQUIRED AFTER DECEMBER 31, 1994, 
                    FOR PURPOSES OF DETERMINING GAIN.

  (a) General Rule.--
          (1) Indexed basis substituted for adjusted basis.--
        Solely for purposes of determining gain on the sale or 
        other disposition by a taxpayer (other than a 
        corporation) of an indexed asset which has been held 
        for more than 3 years, the indexed basis of the asset 
        shall be substituted for its adjusted basis.
          (2) Exception for depreciation, etc.--The deductions 
        for depreciation, depletion, and amortization shall be 
        determined without regard to the application of 
        paragraph (1) to the taxpayer or any other person.
  (b) Indexed Asset.--
          (1) In general.--For purposes of this section, the 
        term ``indexed asset'' means--
                  (A) common stock in a C corporation (other 
                than a foreign corporation), and
                  (B) tangible property,
        which is a capital asset or property used in the trade 
        or business (as defined in section 1231(b)).
          (2) Stock in certain foreign corporations included.--
        For purposes of this section--
                  (A) In general.--The term ``indexed asset'' 
                includes common stock in a foreign corporation 
                which is regularly traded on an established 
                securities market.
                  (B) Exception.--Subparagraph (A) shall not 
                apply to--
                          (i) stock of a foreign investment 
                        company (within the meaning of section 
                        1246(b)),
                          (ii) stock in a passive foreign 
                        investment company (as defined in 
                        section 1296),
                          (iii) stock in a foreign corporation 
                        held by a United States person who 
                        meets the requirements of section 
                        1248(a)(2), and
                          (iv) stock in a foreign personal 
                        holding company (as defined in section 
                        552).
                  (C) Treatment of american depository 
                receipts.--An American depository receipt for 
                common stock in a foreign corporation shall be 
                treated as common stock in such corporation.
  (c) Indexed Basis.--For purposes of this section--
          (1) General rule.--The indexed basis for any asset 
        is--
                  (A) the adjusted basis of the asset, 
                increased by
                  (B) the applicable inflation adjustment.
          (2) Applicable inflation adjustment.--The applicable 
        inflation adjustment for any asset is an amount equal 
        to--
                  (A) the adjusted basis of the asset, 
                multiplied by
                  (B) the percentage (if any) by which--
                          (i) the gross domestic product 
                        deflator for the last calendar quarter 
                        ending before the asset is disposed of, 
                        exceeds
                          (ii) the gross domestic product 
                        deflator for the last calendar quarter 
                        ending before the asset was acquired by 
                        the taxpayer.
        The percentage under subparagraph (B) shall be rounded 
        to the nearest \1/10\ of 1 percentage point.
          (3) Gross domestic product deflator.--The gross 
        domestic product deflator for any calendar quarter is 
        the implicit price deflator for the gross domestic 
        product for such quarter (as shown in the last revision 
        thereof released by the Secretary of Commerce before 
        the close of the following calendar quarter).
  (d) Suspension of Holding Period Where Diminished Risk of 
Loss; Treatment of Short Sales.--
          (1) In general.--If the taxpayer (or a related 
        person) enters into any transaction which substantially 
        reduces the risk of loss from holding any asset, such 
        asset shall not be treated as an indexed asset for the 
        period of such reduced risk.
          (2) Short sales.--
                  (A) In general.--In the case of a short sale 
                of an indexed asset with a short sale period in 
                excess of 3 years, for purposes of this title, 
                the amount realized shall be an amount equal to 
                the amount realized (determined without regard 
                to this paragraph) increased by the applicable 
                inflation adjustment. In applying subsection 
                (c)(2) for purposes of the preceding sentence, 
                the date on which the property is sold short 
                shall be treated as the date of acquisition and 
                the closing date for the sale shall be treated 
                as the date of disposition.
                  (B) Short sale period.--For purposes of 
                subparagraph (A), the short sale period begins 
                on the day that the property is sold and ends 
                on the closing date for the sale.
  (e) Treatment of Regulated Investment Companies and Real 
Estate Investment Trusts.--
          (1) Adjustments at entity level.--
                  (A) In general.--Except as otherwise provided 
                in this paragraph, the adjustment under 
                subsection (a) shall be allowed to any 
                qualified investment entity (including for 
                purposes of determining the earnings and 
                profits of such entity).
                  (B) Exception for corporate shareholders.--
                Under regulations--
                          (i) in the case of a distribution by 
                        a qualified investment entity (directly 
                        or indirectly) to a corporation--
                                  (I) the determination of 
                                whether such distribution is a 
                                dividend shall be made without 
                                regard to this section, and
                                  (II) the amount treated as 
                                gain by reason of the receipt 
                                of any capital gain dividend 
                                shall be increased by the 
                                percentage by which the 
                                entity's net capital gain for 
                                the taxable year (determined 
                                without regard to this section) 
                                exceeds the entity's net 
                                capital gain for such year 
                                determined with regard to this 
                                section, and
                          (ii) there shall be other appropriate 
                        adjustments (including deemed 
                        distributions) so as to ensure that the 
                        benefits of this section are not 
                        allowed (directly or indirectly) to 
                        corporate shareholders of qualified 
                        investment entities.
                For purposes of the preceding sentence, any 
                amount includible in gross income under section 
                852(b)(3)(D) shall be treated as a capital gain 
                dividend and an S corporation shall not be 
                treated as a corporation.
                  (C) Exception for qualification purposes.--
                This section shall not apply for purposes of 
                sections 851(b) and 856(c).
                  (D) Exception for certain taxes imposed at 
                entity level.--
                          (i) Tax on failure to distribute 
                        entire gain.--If any amount is subject 
                        to tax under section 852(b)(3)(A) for 
                        any taxable year, the amount on which 
                        tax is imposed under such section shall 
                        be increased by the percentage 
                        determined under subparagraph 
                        (B)(i)(II). A similar rule shall apply 
                        in the case of any amount subject to 
                        tax under paragraph (2) or (3) of 
                        section 857(b) to the extent 
                        attributable to the excess of the net 
                        capital gain over the deduction for 
                        dividends paid determined with 
                        reference to capital gain dividends 
                        only. The first sentence of this clause 
                        shall not apply to so much of the 
                        amount subject to tax under section 
                        852(b)(3)(A) as is designated by the 
                        company under section 852(b)(3)(D).
                          (ii) Other taxes.--This section shall 
                        not apply for purposes of determining 
                        the amount of any tax imposed by 
                        paragraph (4), (5), or (6) of section 
                        857(b).
          (2) Adjustments to interests held in entity.--
                  (A) Regulated investment companies.--Stock in 
                a regulated investment company (within the 
                meaning of section 851) shall be an indexed 
                asset for any calendar quarter in the same 
                ratio as--
                          (i) the average of the fair market 
                        values of the indexed assets held by 
                        such company at the close of each month 
                        during such quarter, bears to
                          (ii) the average of the fair market 
                        values of all assets held by such 
                        company at the close of each such 
                        month.
                  (B) Real estate investment trusts.--Stock in 
                a real estate investment trust (within the 
                meaning of section 856) shall be an indexed 
                asset for any calendar quarter in the same 
                ratio as--
                          (i) the fair market value of the 
                        indexed assets held by such trust at 
                        the close of such quarter, bears to
                          (ii) the fair market value of all 
                        assets held by such trust at the close 
                        of such quarter.
                  (C) Ratio of 80 percent or more.--If the 
                ratio for any calendar quarter determined under 
                subparagraph (A) or (B) would (but for this 
                subparagraph) be 80 percent or more, such ratio 
                for such quarter shall be 100 percent.
                  (D) Ratio of 20 percent or less.--If the 
                ratio for any calendar quarter determined under 
                subparagraph (A) or (B) would (but for this 
                subparagraph) be 20 percent or less, such ratio 
                for such quarter shall be zero.
                  (E) Look-thru of partnerships.--For purposes 
                of this paragraph, a qualified investment 
                entity which holds a partnership interest shall 
                be treated (in lieu of holding a partnership 
                interest) as holding its proportionate share of 
                the assets held by the partnership.
          (3) Treatment of return of capital distributions.--
        Except as otherwise provided by the Secretary, a 
        distribution with respect to stock in a qualified 
        investment entity which is not a dividend and which 
        results in a reduction in the adjusted basis of such 
        stock shall be treated as allocable to stock acquired 
        by the taxpayer in the order in which such stock was 
        acquired.
          (4) Qualified investment entity.--For purposes of 
        this subsection, the term ``qualified investment 
        entity'' means--
                  (A) a regulated investment company (within 
                the meaning of section 851), and
                  (B) a real estate investment trust (within 
                the meaning of section 856).
  (f) Other Pass-Thru Entities.--
          (1) Partnerships.--
                  (A) In general.--In the case of a 
                partnership, the adjustment made under 
                subsection (a) at the partnership level shall 
                be passed through to the partners.
                  (B) Special rule in the case of section 754 
                elections.--In the case of a transfer of an 
                interest in a partnership with respect to which 
                the election provided in section 754 is in 
                effect--
                          (i) the adjustment under section 
                        743(b)(1) shall, with respect to the 
                        transferor partner, be treated as a 
                        sale of the partnership assets for 
                        purposes of applying this section, and
                          (ii) with respect to the transferee 
                        partner, the partnership's holding 
                        period for purposes of this section in 
                        such assets shall be treated as 
                        beginning on the date of such 
                        adjustment.
          (2) S corporations.--In the case of an S corporation, 
        the adjustment made under subsection (a) at the 
        corporate level shall be passed through to the 
        shareholders. This section shall not apply for purposes 
        of determining the amount of any tax imposed by section 
        1374 or 1375.
          (3) Common trust funds.--In the case of a common 
        trust fund, the adjustment made under subsection (a) at 
        the trust level shall be passed through to the 
        participants.
          (4) Indexing adjustment disregarded in determining 
        loss on sale of interest in entity.--Notwithstanding 
        the preceding provisions of this subsection, for 
        purposes of determining the amount of any loss on a 
        sale or exchange of an interest in a partnership, S 
        corporation, or common trust fund, the adjustment made 
        under subsection (a) shall not be taken into account in 
        determining the adjusted basis of such interest.
  (g) Dispositions Between Related Persons.--
          (1) In general.--This section shall not apply to any 
        sale or other disposition of property between related 
        persons except to the extent that the basis of such 
        property in the hands of the transferee is a 
        substituted basis.
          (2) Related persons defined.--For purposes of this 
        section, the term ``related persons'' means--
                  (A) persons bearing a relationship set forth 
                in section 267(b), and
                  (B) persons treated as single employer under 
                subsection (b) or (c) of section 414.
  (h) Transfers To Increase Indexing Adjustment.--If any person 
transfers cash, debt, or any other property to another person 
and the principal purpose of such transfer is to secure or 
increase an adjustment under subsection (a), the Secretary may 
disallow part or all of such adjustment or increase.
  (i) Special Rules.--For purposes of this section--
          (1) Treatment of improvements, etc.--If there is an 
        addition to the adjusted basis of any tangible property 
        or of any stock in a corporation during the taxable 
        year by reason of an improvement to such property or a 
        contribution to capital of such corporation--
                  (A) such addition shall never be taken into 
                account under subsection (c)(1)(A) if the 
                aggregate amount thereof during the taxable 
                year with respect to such property or stock is 
                less than $1,000, and
                  (B) such addition shall be treated as a 
                separate asset acquired at the close of such 
                taxable year if the aggregate amount thereof 
                during the taxable year with respect to such 
                property or stock is $1,000 or more.
        A rule similar to the rule of the preceding sentence 
        shall apply to any other portion of an asset to the 
        extent that separate treatment of such portion is 
        appropriate to carry out the purposes of this section.
          (2) Assets which are not indexed assets throughout 
        holding period.--The applicable inflation ratio shall 
        be appropriately reduced for periods during which the 
        asset was not an indexed asset.
          (3) Treatment of certain distributions.--A 
        distribution with respect to stock in a corporation 
        which is not a dividend shall be treated as a 
        disposition.
          (4) Acquisition date where there has been prior 
        application of subsection (a)(1) with respect to the 
        taxpayer.--If there has been a prior application of 
        subsection (a)(1) to an asset while such asset was held 
        by the taxpayer, the date of acquisition of such asset 
        by the taxpayer shall be treated as not earlier than 
        the date of the most recent such prior application.
          (5) Collapsible corporations.--The application of 
        section 341(a) (relating to collapsible corporations) 
        shall be determined without regard to this section.
  (j) Regulations.--The Secretary shall prescribe such 
regulations as may be necessary or appropriate to carry out the 
purposes of this section.
          * * * * * * *

                 PART III--COMMON NONTAXABLE EXCHANGES

          * * * * * * *

SEC. 1035. CERTAIN EXCHANGES OF INSURANCE POLICIES.

  (a) General Rules.--No gain or loss shall be recognized on 
the exchange of--
          (1) * * *
          * * * * * * *
          (3) an annuity contract for an annuity contract[.]; 
        or
          (4) a contract of life insurance or an endowment or 
        annuity contract for a long-term care insurance 
        contract (as defined in section 7702B(b)).
          * * * * * * *
SEC. 1044. ROLLOVER OF PUBLICLY TRADED SECURITIES GAIN INTO SPECIALIZED 
                    SMALL BUSINESS INVESTMENT COMPANIES.

  (a) * * *
          * * * * * * *
  (c) Definitions and Special Rules.--For purposes of this 
section--
          (1) Publicly traded securities.--The term ``publicly 
        traded securities'' means securities which are traded 
        on an established securities market.
          [(2) Purchase.--The term ``purchase'' has the meaning 
        given such term by section 1043(b)(4).]
          (2) Purchase.--The taxpayer shall be considered to 
        have purchased any property if, but for subsection (d), 
        the unadjusted basis of such property would be its cost 
        within the meaning of section 1012.
  (d) Basis Adjustments.--If gain from any sale is not 
recognized by reason of subsection (a), such gain shall be 
applied to reduce (in the order acquired) the basis for 
determining gain or loss of any common stock or partnership 
interest in any specialized small business investment company 
which is purchased by the taxpayer during the 60-day period 
described in subsection (a). [This subsection shall not apply 
for purposes of section 1202.]
          * * * * * * *

                 Subchapter P--Capital Gains and Losses

          * * * * * * *

                   PART I--TREATMENT OF CAPITAL GAINS
        Sec. 1201. Alternative tax for corporations.
        [Sec. 1202. 50-percent exclusion for gain from certain small 
                  business stock.]
        Sec. 1202. Capital gains deduction.
          * * * * * * *
[SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS.

  [(a) General rule.--If for any taxable year a corporation has 
a net capital gain and any rate of tax imposed by section 11, 
511, or 831(a) or (b) (whichever is applicable) exceeds 35 
percent (determined without regard to the last sentence of 
section 11(b)(1)), then, in lieu of any such tax, there is 
hereby imposed a tax (if such tax is less than the tax imposed 
by such sections) which shall consist of the sum of--
          [(1) a tax computed on the taxable income reduced by 
        the amount of the net capital gain, at the rates and in 
        the manner as if this subsection had not been enacted, 
        plus
          [(2) a tax of 34 percent of the net capital gain.
  [(b) Cross References.--
          For computation of the alternative tax--
                  [(1) in the case of life insurance companies, see 
                section 801(a)(2),
                  [(2) in the case of regulated investment companies 
                and their shareholders, see section 852(b)(3)(A) and 
                (D), and
                  [(3) in the case of real estate investment trusts, 
                see section 857(b)(3)(A).]
SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS.

  (a) General Rule.--If for any taxable year a corporation has 
a net capital gain, then, in lieu of the tax imposed by 
sections 11, 511, and 831(a) and (b) (whichever is applicable), 
there is hereby imposed a tax (if such tax is less than the tax 
imposed by such sections) which shall consist of the sum of--
          (1) a tax computed on the taxable income reduced by 
        the amount of the net capital gain, at the rates and in 
        the manner as if this subsection had not been enacted, 
        plus
          (2) a tax of 25 percent of the net capital gain.
  (b) Transitional Rule.--
          (1) In general.--In the case of any taxable year 
        ending after December 31, 1994, and beginning before 
        January 1, 1996, subsection (a)(2) shall be applied as 
        if it read as follows:
           ``(2)(A) a tax of 25 percent of the lesser of--
                   ``(i) the net capital gain for the taxable 
                year, or
                   ``(ii) the net capital gain taking into 
                account only gain or loss properly taken into 
                account for the portion of the taxable year 
                after December 31, 1994, plus
           ``(B) a tax of 35 percent of the excess (if any) 
        of--
                   ``(i) the net capital gain for the taxable 
                year, over
                   ``(ii) the amount of net capital gain taken 
                into account under subparagraph (A).''
          (2) Special rule for pass-thru entities.--Section 
        1202(e)(2) shall apply for purposes of paragraph (1).
  (c) Cross References.--

          For computation of the alternative tax_
                  (1) in the case of life insurance companies, see 
                section 801(a)(2),
                  (2) in the case of regulated investment companies and 
                their shareholders, see section 852(b)(3)(A) and (D), 
                and
                  (3) in the case of real estate investment trusts, see 
                section 857(b)(3)(A).
[SEC. 1202. 50-PERCENT EXCLUSION FOR GAIN FROM CERTAIN SMALL BUSINESS 
                    STOCK.

  [(a) 50-Percent Exclusion.--In the case of a taxpayer other 
than a corporation, gross income shall not include 50 percent 
of any gain from the sale or exchange of qualified small 
business stock held for more than 5 years.
  [(b) Per-Issuer Limitation on Taxpayer's Eligible Gain.--
          [(1) In general.--If the taxpayer has eligible gain 
        for the taxable year from 1 or more dispositions of 
        stock issued by any corporation, the aggregate amount 
        of such gain from dispositions of stock issued by such 
        corporation which may be taken into account under 
        subsection (a) for the taxable year shall not exceed 
        the greater of--
                  [(A) $10,000,000 reduced by the aggregate 
                amount of eligible gain taken into account by 
                the taxpayer under subsection (a) for prior 
                taxable years and attributable to dispositions 
                of stock issued by such corporation, or
                  [(B) 10 times the aggregate adjusted bases of 
                qualified small business stock issued by such 
                corporation and disposed of by the taxpayer 
                during the taxable year.
For purposes of subparagraph (B), the adjusted basis of any 
stock shall be determined without regard to any addition to 
basis after the date on which such stock was originally issued.
          [(2) Eligible gain.--For purposes of this subsection, 
        the term ``eligible gain'' means any gain from the sale 
        or exchange of qualified small business stock held for 
        more than 5 years.
          [(3) Treatment of married individuals.--
                  [(A) Separate returns.--In the case of a 
                separate return by a married individual, 
                paragraph (1)(A) shall be applied by 
                substituting ``$5,000,000'' for 
                ``$10,000,000''.
                  [(B) Allocation of exclusion.--In the case of 
                any joint return, the amount of gain taken into 
                account under subsection (a) shall be allocated 
                equally between the spouses for purposes of 
                applying this subsection to subsequent taxable 
                years.
                  [(C) Marital status.--For purposes of this 
                subsection, marital status shall be determined 
                under section 7703.
  [(c) Qualified Small Business Stock.--For purposes of this 
section--
          [(1) In general.--Except as otherwise provided in 
        this section, the term ``qualified small business 
        stock'' means any stock in a C corporation which is 
        originally issued after the date of the enactment of 
        the Revenue Reconciliation Act of 1993, if--
                  [(A) as of the date of issuance, such 
                corporation is a qualified small business, and
                  [(B) except as provided in subsections (f) 
                and (h), such stock is acquired by the taxpayer 
                at its original issue (directly or through an 
                underwriter)--
                          [(i) in exchange for money or other 
                        property (not including stock), or
                          [(ii) as compensation for services 
                        provided to such corporation (other 
                        than services performed as an 
                        underwriter of such stock).
          [(2) Active business requirement; etc.--
                  [(A) In general.--Stock in a corporation 
                shall not be treated as qualified small 
                business stock unless, during substantially all 
                of the taxpayer's holding period for such 
                stock, such corporation meets the active 
                business requirements of subsection (e) and 
                such corporation is a C corporation.
                  [(B) Special rule for certain small business 
                investment companies.--
                          [(i) Waiver of active business 
                        requirement.--Notwithstanding any 
                        provision of subsection (e), a 
                        corporation shall be treated as meeting 
                        the active business requirements of 
                        such subsection for any period during 
                        which such corporation qualifies as a 
                        specialized small business investment 
                        company.
                          [(ii) Specialized small business 
                        investment company.--For purposes of 
                        clause (i), the term ``specialized 
                        small business investment company'' 
                        means any eligible corporation (as 
                        defined in subsection (e)(4)) which is 
                        licensed to operate under section 
                        301(d) of the Small Business Investment 
                        Act of 1958 (as in effect on May 13, 
                        1993).
          [(3) Certain purchases by corporation of its own 
        stock.--
                  [(A) Redemptions from taxpayer or related 
                person.--Stock acquired by the taxpayer shall 
                not be treated as qualified small business 
                stock if, at any time during the 4-year period 
                beginning on the date 2 years before the 
                issuance of such stock, the corporation issuing 
                such stock purchased (directly or indirectly) 
                any of its stock from the taxpayer or from a 
                person related (within the meaning of section 
                267(b) or 707(b)) to the taxpayer.
                  [(B) Significant redemptions.--Stock issued 
                by a corporation shall not be treated as 
                qualified business stock if, during the 2-year 
                period beginning on the date 1 year before the 
                issuance of such stock, such corporation made 1 
                or more purchases of its stock with an 
                aggregate value (as of the time of the 
                respective purchases) exceeding 5 percent of 
                the aggregate value of all of its stock as of 
                the beginning of such 2-year period.
                  [(C) Treatment of certain transactions.--If 
                any transaction is treated under section 304(a) 
                as a distribution in redemption of the stock of 
                any corporation, for purposes of subparagraphs 
                (A) and (B), such corporation shall be treated 
                as purchasing an amount of its stock equal to 
                the amount treated as such a distribution under 
                section 304(a).
  [(d) Qualified Small Business.--For purposes of this 
section--
          [(1) In general.--The term ``qualified small 
        business'' means any domestic corporation which is a C 
        corporation if--
                  [(A) the aggregate gross assets of such 
                corporation (or any predecessor thereof) at all 
                times on or after the date of the enactment of 
                the Revenue Reconciliation Act of 1993 and 
                before the issuance did not exceed $50,000,000,
                  [(B) the aggregate gross assets of such 
                corporation immediately after the issuance 
                (determined by taking into account amounts 
                received in the issuance) do not exceed 
                $50,000,000, and
                  [(C) such corporation agrees to submit such 
                reports to the Secretary and to shareholders as 
                the Secretary may require to carry out the 
                purposes of this section.
          [(2) Aggregate gross assets.--
                  [(A) In general.--For purposes of paragraph 
                (1), the term ``aggregate gross assets'' means 
                the amount of cash and the aggregate adjusted 
                bases of other property held by the 
                corporation.
                  [(B) Treatment of contributed property.--For 
                purposes of subparagraph (A), the adjusted 
                basis of any property contributed to the 
                corporation (or other property with a basis 
                determined in whole or in part by reference to 
                the adjusted basis of property so contributed) 
                shall be determined as if the basis of the 
                property contributed to the corporation 
                (immediately after such contribution) were 
                equal to its fair market value as of the time 
                of such contribution.
          [(3) Aggregation rules.--
                  [(A) In general.--All corporations which are 
                members of the same parent-subsidiary 
                controlled group shall be treated as 1 
                corporation for purposes of this subsection.
                  [(B) Parent-subsidiary controlled group.--For 
                purposes of subparagraph (A), the term 
                ``parent-subsidiary controlled group'' means 
                any controlled group of corporations as defined 
                in section 1563(a)(1), except that--
                          [(i) ``more than 50 percent'' shall 
                        be substituted for ``at least 80 
                        percent'' each place it appears in 
                        section 1563(a)(1), and
                          [(ii) section 1563(a)(4) shall not 
                        apply.
  [(e) Active Business Requirement.--
          [(1) In general.--For purposes of subsection (c)(2), 
        the requirements of this subsection are met by a 
        corporation for any period if during such period--
                  [(A) at least 80 percent (by value) of the 
                assets of such corporation are used by such 
                corporation in the active conduct of 1 or more 
                qualified trades or businesses, and
                  [(B) such corporation is an eligible 
                corporation.
          [(2) Special rule for certain activities.--For 
        purposes of paragraph (1), if, in connection with any 
        future qualified trade or business, a corporation is 
        engaged in--
                  [(A) start-up activities described in section 
                195(c)(1)(A),
                  [(B) activities resulting in the payment or 
                incurring of expenditures which may be treated 
                as research and experimental expenditures under 
                section 174, or
                  [(C) activities with respect to in-house 
                research expenses described in section 
                41(b)(4),
assets used in such activities shall be treated as used in the 
active conduct of a qualified trade or business. Any 
determination under this paragraph shall be made without regard 
to whether a corporation has any gross income from such 
activities at the time of the determination.
          [(3) Qualified trade or business.--For purposes of 
        this subsection, the term ``qualified trade or 
        business'' means any trade or business other than--
                  [(A) any trade or business involving the 
                performance of services in the fields of 
                health, law, engineering, architecture, 
                accounting, actuarial science, performing arts, 
                consulting, athletics, financial services, 
                brokerage services, or any trade or business 
                where the principal asset of such trade or 
                business is the reputation or skill of 1 or 
                more of its employees,
                  [(B) any banking, insurance, financing, 
                leasing, investing, or similar business,
                  [(C) any farming business (including the 
                business of raising or harvesting trees),
                  [(D) any business involving the production or 
                extraction of products of a character with 
                respect to which a deduction is allowable under 
                section 613 or 613A, and
                  [(E) any business of operating a hotel, 
                motel, restaurant, or similar business.
          [(4) Eligible corporation.--For purposes of this 
        subsection, the term ``eligible corporation'' means any 
        domestic corporation; except that such term shall not 
        include--
                  [(A) a DISC or former DISC,
                  [(B) a corporation with respect to which an 
                election under section 936 is in effect or 
                which has a direct or indirect subsidiary with 
                respect to which such an election is in effect,
                  [(C) a regulated investment company, real 
                estate investment trust, or REMIC, and
                  [(D) a cooperative.
          [(5) Stock in other corporations.--
                  [(A) Look-thru in case of subsidiaries.--For 
                purposes of this subsection, stock and debt in 
                any subsidiary corporation shall be disregarded 
                and the parent corporation shall be deemed to 
                own its ratable share of the subsidiary's 
                assets, and to conduct its ratable share of the 
                subsidiary's activities.
                  [(B) Portfolio stock or securities.--A 
                corporation shall be treated as failing to meet 
                the requirements of paragraph (1) for any 
                period during which more than 10 percent of the 
                value of its assets (in excess of liabilities) 
                consists of stock or securities in other 
                corporations which are not subsidiaries of such 
                corporation (other than assets described in 
                paragraph (6)).
                  [(C) Subsidiary.--For purposes of this 
                paragraph, a corporation shall be considered a 
                subsidiary if the parent owns more than 50 
                percent of the combined voting power of all 
                classes of stock entitled to vote, or more than 
                50 percent in value of all outstanding stock, 
                of such corporation.
          [(6) Working capital.--For purposes of paragraph 
        (1)(A), any assets which--
                  [(A) are held as a part of the reasonably 
                required working capital needs of a qualified 
                trade or business of the corporation, or
                  [(B) are held for investment and are 
                reasonably expected to be used within 2 years 
                to finance research and experimentation in a 
                qualified trade or business or increases in 
                working capital needs of a qualified trade or 
                business,
shall be treated as used in the active conduct of a qualified 
trade or business. For periods after the corporation has been 
in existence for at least 2 years, in no event may more than 50 
percent of the assets of the corporation qualify as used in the 
active conduct of a qualified trade or business by reason of 
this paragraph.
          [(7) Maximum real estate holdings.--A corporation 
        shall not be treated as meeting the requirements of 
        paragraph (1) for any period during which more than 10 
        percent of the total value of its assets consists of 
        real property which is not used in the active conduct 
        of a qualified trade or business. For purposes of the 
        preceding sentence, the ownership of, dealing in, or 
        renting of real property shall not be treated as the 
        active conduct of a qualified trade or business.
          [(8) Computer software royalties.--For purposes of 
        paragraph (1), rights to computer software which 
        produces active business computer software royalties 
        (within the meaning of section 543(d)(1)) shall be 
        treated as an asset used in the active conduct of a 
        trade or business.
  [(f) Stock Acquired on Conversion of Other Stock.--If any 
stock in a corporation is acquired solely through the 
conversion of other stock in such corporation which is 
qualified small business stock in the hands of the taxpayer--
          [(1) the stock so acquired shall be treated as 
        qualified small business stock in the hands of the 
        taxpayer, and
          [(2) the stock so acquired shall be treated as having 
        been held during the period during which the converted 
        stock was held.
  [(g) Treatment of Pass-Thru Entities.--
          [(1) In general.--In any amount included in gross 
        income by reason of holding an interest in a pass-thru 
        entity meets the requirements of paragraph (2)--
                  [(A) such amount shall be treated as gain 
                described in subsection (a), and
                  [(B) for purposes of applying subsection (b), 
                such amount shall be treated as gain from a 
                disposition of stock in the corporation issuing 
                the stock disposed of by the pass-thru entity 
                and the taxpayer's proportionate share of the 
                adjusted basis of the pass-thru entity in such 
                stock shall be taken into account.
          [(2) Requirements.--An amount meets the requirements 
        of this paragraph if--
                  [(A) such amount is attributable to gain on 
                the sale or exchange by the pass-thru entity of 
                stock which is qualified small business stock 
                in the hands of such entity (determined by 
                treating such entity as an individual) and 
                which was held by such entity for more than 5 
                years, and
                  [(B) such amount is includible in the gross 
                income of the taxpayer by reason of the holding 
                of an interest in such entity which was held by 
                the taxpayer on the date on which such 
                passthrough entity acquired such stock and at 
                all times thereafter before the disposition of 
                such stock by such pass-thru entity.
          [(3) Limitation based on interest originally held by 
        taxpayer.--Paragraph (1) shall not apply to any amount 
        to the extent such amount exceeds the amount to which 
        paragraph (1) would have applied if such amount were 
        determined by reference to the interest the taxpayer 
        held in the passthru entity on the date the qualified 
        small business stock was acquired.
          [(4) Pass-thru entity.--For purposes of this 
        subsection, the term ``pass-thru entity'' means--
                  [(A) any partnership,
                  [(B) any S corporation,
                  [(C) any regulated investment company, and
                  [(D) any common trust fund.
  [(h) Certain Tax-Free and Other Transfers.--For purposes of 
this section--
          [(1) In general.--In the case of a transfer described 
        in paragraph (2), the transferee shall be treated as--
                  [(A) having acquired such stock in the same 
                manner as the transferor, and
                  [(B) having held such stock during any 
                continuous period immediately preceding the 
                transfer during which it was held (or treated 
                as held under this subsection) by the 
                transferor.
          [(2) Description of transfers.--A transfer is 
        described in this subsection if such transfer is--
                  [(A) by gift,
                  [(B) at death, or
                  [(C) from a partnership to a partner of stock 
                with respect to which requirements similar to 
                the requirements of subsection (g) are met at 
                the time of the transfer (without regard to the 
                5-year holding period requirement).
          [(3) Certain rules made applicable.--Rules similar to 
        the rules of section 1244(d)(2) shall apply for 
        purposes of this section.
          [(4) Incorporations and reorganizations involving 
        nonqualified stock.--
                  [(A) In general.--In the case of a 
                transaction described in section 351 or a 
                reorganization described in section 368, if 
                qualified small business stock is exchanged for 
                other stock which would not qualify as 
                qualified small business stock but for this 
                subparagraph, such other stock shall be treated 
                as qualified small business stock acquired on 
                the date on which the exchanged stock was 
                acquired.
                  [(B) Limitation.--This section shall apply to 
                gain from the sale or exchange of stock treated 
                as qualified small business stock by reason of 
                subparagraph (A) only to the extent of the gain 
                which would have been recognized at the time of 
                the transfer described in subparagraph (A) if 
                section 351 or 368 had not applied at such 
                time. The preceding sentence shall not apply if 
                the stock which is treated as qualified small 
                business stock by reason of subparagraph (A) is 
                issued by a corporation which (as of the time 
                of the transfer described in subparagraph (A)) 
                is a qualified small business.
                  [(C) Successive application.--For purposes of 
                this paragraph, stock treated as qualified 
                small business stock under subparagraph (A) 
                shall be so treated for subsequent transactions 
                or reorganizations, except that the limitation 
                of subparagraph (B) shall be applied as of the 
                time of the first transfer to which such 
                limitation applied (determined after the 
                application of the second sentence of 
                subparagraph (B)).
                  [(D) Control test.--In the case of a 
                transaction described in section 351, this 
                paragraph shall apply only if, immediately 
                after the transaction, the corporation issuing 
                the stock owns directly or indirectly stock 
                representing control (within the meaning of 
                section 368(c)) of the corporation whose stock 
                was exchanged.
  [(i) Basis Rules.--For purposes of this section--
          [(1) Stock exchanged for property.--In the case where 
        the taxpayer transfers property (other than money or 
        stock) to a corporation in exchange for stock in such 
        corporation--
                  [(A) such stock shall be treated as having 
                been acquired by the taxpayer on the date of 
                such exchange, and
                  [(B) the basis of such stock in the hands of 
                the taxpayer shall in no event be less than the 
                fair market value of the property exchanged.
          [(2) Treatment of contributions to capital.--If the 
        adjusted basis of any qualified small business stock is 
        adjusted by reason of any contribution to capital after 
        the date on which such stock was originally issued, in 
        determining the amount of the adjustment by reason of 
        such contribution, the basis of the contributed 
        property shall in no event be treated as less than its 
        fair market value on the date of the contribution.
  [(j) Treatment of Certain Short Positions.--
          [(1) In general.--If the taxpayer has an offsetting 
        short position with respect to any qualified small 
        business stock, subsection (a) shall not apply to any 
        gain from the sale or exchange of such stock unless--
                  [(A) such stock was held by the taxpayer for 
                more than 5 years as of the first day on which 
                there was such a short position, and
                  [(B) the taxpayer elects to recognize gain as 
                if such stock were sold on such first day for 
                its fair market value.
          [(2) Offsetting short position.--For purposes of 
        paragraph (1), the taxpayer shall be treated as having 
        an offsetting short position with respect to any 
        qualified small business stock if--
                  [(A) the taxpayer has made a short sale of 
                substantially identical property,
                  [(B) the taxpayer has acquired an option to 
                sell substantially identical property at a 
                fixed price, or
                  [(C) to the extent provided in regulations, 
                the taxpayer has entered into any other 
                transaction which substantially reduces the 
                risk of loss from holding such qualified small 
                business stock.
For purposes of the preceding sentence, any reference to the 
taxpayer shall be treated as including a reference to any 
person who is related (within the meaning of section 267(b) or 
707(b)) to the taxpayer.
  [(k) Regulations.--The Secretary shall prescribe such 
regulations as may be appropriate to carry out the purposes of 
this section, including regulations to prevent the avoidance of 
the purposes of this section through splitups, shell 
corporations, partnerships, or otherwise.]
SEC. 1202. CAPITAL GAINS DEDUCTION.

  (a) General Rule.--If for any taxable year a taxpayer other 
than a corporation has a net capital gain, 50 percent of such 
gain shall be a deduction from gross income.
  (b) Estates and Trusts.--In the case of an estate or trust, 
the deduction shall be computed by excluding the portion (if 
any) of the gains for the taxable year from sales or exchanges 
of capital assets which, under sections 652 and 662 (relating 
to inclusions of amounts in gross income of beneficiaries of 
trusts), is includible by the income beneficiaries as gain 
derived from the sale or exchange of capital assets.
  (c) Coordination With Treatment of Capital Gain Under 
Limitation on Investment Interest.--For purposes of this 
section, the net capital gain for any taxable year shall be 
reduced (but not below zero) by the amount which the taxpayer 
takes into account as investment income under section 
163(d)(4)(B)(iii).
  (d) Special Rule For Collectibles.--
          (1) In general.--At the election of the taxpayer, the 
        rate of tax imposed by section 1 shall not exceed 28 
        percent on the excess of--
                  (A) the amount which would be the net capital 
                gain for the taxable year without regard to the 
                application of section 1222(12) to collectibles 
                specified in such election, over
                  (B) the net capital gain for such year.
          (2) Election.--Any election under this subsection, 
        and any specification therein, once made, shall be 
        irrevocable.
          (3) Coordination with indexing.--Any collectible 
        specified in such an election shall be treated as not 
        being an indexed asset for purposes of section 1022.
  (e) Transitional Rule.--
          (1) In general.--In the case of a taxable year which 
        includes January 1, 1995--
                  (A) the amount taken into account as the net 
                capital gain under subsection (a) shall not 
                exceed the net capital gain determined by only 
                taking into account gains and losses properly 
                taken into account for the portion of the 
                taxable year on or after January 1, 1995, and
                  (B) if the net capital gain for such year 
                exceeds the amount taken into account under 
                subsection (a), the rate of tax imposed by 
                section 1 on such excess shall not exceed 28 
                percent.
          (2) Special rules for pass-thru entities.--
                  (A) In general.--In applying paragraph (1) 
                with respect to any pass-thru entity, the 
                determination of when gains and losses are 
                properly taken into account shall be made at 
                the entity level.
                  (B) Pass-thru entity defined.--For purposes 
                of subparagraph (A), the term ``pass-thru 
                entity'' means--
                          (i) a regulated investment company,
                          (ii) a real estate investment trust,
                          (iii) an S corporation,
                          (iv) a partnership,
                          (v) an estate or trust, and
                          (vi) a common trust fund.
          * * * * * * *

                  PART II--TREATMENT OF CAPITAL LOSSES

          * * * * * * *

SEC. 1211. LIMITATION ON CAPITAL LOSSES.

  (a) * * *
  (b) Other Taxpayers.--In the case of a taxpayer other than a 
corporation, losses from sales or exchanges of capital assets 
shall be allowed only to the extent of the gains from such 
sales or exchanges, plus (if such losses exceed such gains) the 
lower of--
          (1) $3,000 ($1,500 in the case of a married 
        individual filing a separate return), or
          [(2) the excess of such losses over such gains.]
          (2) the sum of--
                  (A) the excess of the net short-term capital 
                loss over the net long-term capital gain, and
                  (B) one-half of the excess of the net long-
                term capital loss over the net short-term 
                capital gain.
SEC. 1212. CAPITAL LOSS CARRYBACKS AND CARRYOVERS.

  (a) * * *
  (b) Other Taxpayers.--
          (1) * * *
          [(2) Treatment of amounts allowed under section 
        1211(b)(1) or (2).--
                  [(A) In general.--For purposes of determining 
                the excess referred to in subparagraph (A) or 
                (B) of paragraph (1), there shall be treated as 
                a short-term capital gain in the taxable year 
                an amount equal to the lesser of--
                          [(i) the amount allowed for the 
                        taxable year under paragraph (1) or (2) 
                        of section 1211(b), or
                          [(ii) the adjusted taxable income for 
                        such taxable year.]
          (2) Special rules.--
                  (A) Adjustments.--
                          (i) For purposes of determining the 
                        excess referred to in paragraph (1)(A), 
                        there shall be treated as short-term 
                        capital gain in the taxable year an 
                        amount equal to the lesser of--
                                  (I) the amount allowed for 
                                the taxable year under 
                                paragraph (1) or (2) of section 
                                1211(b), or
                                  (II) the adjusted taxable 
                                income for such taxable year.
                          (ii) For purposes of determining the 
                        excess referred to in paragraph (1)(B), 
                        there shall be treated as short-term 
                        capital gain in the taxable year an 
                        amount equal to the sum of--
                                  (I) the amount allowed for 
                                the taxable year under 
                                paragraph (1) or (2) of section 
                                1211(b) or the adjusted taxable 
                                income for such taxable year, 
                                whichever is the least, plus
                                  (II) the excess of the amount 
                                described in subclause (I) over 
                                the net short-term capital loss 
                                (determined without regard to 
                                this subsection) for such year.
                  (B) Adjusted taxable income.--For purposes of 
                subparagraph (A), the term ``adjusted taxable 
                income'' means taxable income increased by the 
                sum of--
                          (i) the amount allowed for the 
                        taxable year under paragraph (1) or (2) 
                        of section 1211(b), and
                          (ii) the deduction allowed for such 
                        year under section 151 or any deduction 
                        in lieu thereof.
        For purposes of the preceding sentence, any excess of 
        the deductions allowed for the taxable year over the 
        gross income for such year shall be taken into account 
        as negative taxable income.
          (3) Transitional rule.--In the case of any amount 
        which, under paragraph (1) and section 1211(b) (as in 
        effect for taxable years beginning before January 1, 
        1996), is treated as a capital loss in the first 
        taxable year beginning after December 31, 1995, 
        paragraph (1) and section 1211(b) (as so in effect) 
        shall apply (and paragraph (1) and section 1211(b) as 
        in effect for taxable years beginning after December 
        31, 1995, shall not apply) to the extent such amount 
        exceeds the total of any net capital gains (determined 
        without regard to this subsection) of taxable years 
        beginning after December 31, 1995.
          * * * * * * *

    PART III--GENERAL RULES FOR DETERMINING CAPITAL GAINS AND LOSSES

          * * * * * * *

SEC. 1222. OTHER TERMS RELATING TO CAPITAL GAINS AND LOSSES.

  For purposes of this subtitle--
          (1) * * *
          * * * * * * *
          (12) Special rule for collectibles.--
                  (A) In general.--Any gain or loss from the 
                sale or exchange of a collectible shall be 
                treated as a short-term capital gain or loss 
                (as the case may be), without regard to the 
                period such asset was held. The preceding 
                sentence shall apply only to the extent the 
                gain or loss is taken into account in computing 
                taxable income.
                  (B) Treatment of certain sales of interest in 
                partnership, etc.--For purposes of subparagraph 
                (A), any gain from the sale or exchange of an 
                interest in a partnership, S corporation, or 
                trust which is attributable to unrealized 
                appreciation in the value of collectibles held 
                by such entity shall be treated as gain from 
                the sale or exchange of a collectible. Rules 
                similar to the rules of section 751(f) shall 
                apply for purposes of the preceding sentence.
                  (C) Collectible.--For purposes of this 
                paragraph, the term ``collectible'' means any 
                capital asset which is a collectible (as 
                defined in section 408(m) without regard to 
                paragraph (3) thereof).
          * * * * * * *

    PART IV--SPECIAL RULES FOR DETERMINING CAPITAL GAINS AND LOSSES

          * * * * * * *
SEC. 1245. GAIN FROM DISPOSITIONS OF CERTAIN DEPRECIABLE PROPERTY.

  (a) General Rule.--
          (1) * * *
          * * * * * * *
          [(3) Section 1245 property.--For purposes of this 
        section, the term ``section 1245 property'' means any 
        property which is or has been property of a character 
        subject to the allowance for depreciation provided in 
        section 167 (or subject to the allowance of 
        amortization provided in and is either--]
          (3) Section 1245 property.--For purposes of this 
        section, the term ``section 1245 property'' means any 
        property which is or has been property of a character 
        subject to the allowance for depreciation provided in 
        section 167 and is either--
                  (A) personal property,
          * * * * * * *

SEC. 1248. GAIN FROM CERTAIN SALES OR EXCHANGES OF STOCK IN CERTAIN 
                    FOREIGN CORPORATIONS.

  (a) General Rule.--If--
          (1) a United States person sells or exchanges stock 
        in a foreign corporation[, or if a United States person 
        receives a distribution from a foreign corporation 
        which, under section 302 or 331, is treated as an 
        exchange of stock], and
          (2) such person owns, within the meaning of section 
        958(a), or is considered as owning by applying the 
        rules of ownership of section 958(b), 10 percent or 
        more of the total combined voting power of all classes 
        of stock entitled to vote of such foreign corporation 
        at any time during the 5-year period ending on the date 
        of the sale or exchange when such foreign corporation 
        was a controlled foreign corporation (as defined in 
        section 957),
then the gain recognized on the sale or exchange of such stock 
shall be included in the gross income of such person as a 
dividend, to the extent of the earnings and profits of the 
foreign corporation attributable (under regulations prescribed 
by the Secretary) to such stock which were accumulated in 
taxable years of such foreign corporation beginning after 
December 31, 1962, and during the period or periods the stock 
sold or exchanged was held by such person while such foreign 
corporation was a controlled foreign corporation. For purposes 
of this section, a United States person shall be treated as 
having sold or exchanged any stock if, under any provision of 
this subtitle, such person is treated as realizing gain from 
the sale or exchange of such stock.
          * * * * * * *
  (e) Sales or Exchanges of Stock in Certain Domestic 
Corporations.--Except as provided in regulations prescribed by 
the Secretary, if--
          (1) a United States person sells or exchanges stock 
        of a domestic corporation[, or receives a distribution 
        from a domestic corporation which, under section 302 or 
        331, is treated as an exchange of stock], and
          * * * * * * *
  (f) Certain Nonrecognition Transactions.--Except as provided 
in regulations prescribed by the Secretary--
          (1) In general.--If--
                  (A) a domestic corporation satisfies the 
                stock ownership requirements of subsection 
                (a)(2) with respect to a foreign corporation, 
                and
                  (B) such domestic corporation distributes 
                stock of such foreign corporation in a 
                distribution to which section 311(a), 337, [or 
                361(c)(1)] 355(c)(1), or 361(c)(1) applies, 
                then, notwithstanding any other provision of 
                this subtitle, an amount equal to the excess of 
                the fair market value of such stock over its 
                adjusted basis in the hands of the domestic 
                corporation shall be included in the gross 
                income of the domestic corporation as a 
                dividend to the extent of the earnings and 
                profits of the foreign corporation attributable 
                (under regulations prescribed by the Secretary) 
                to such stock which were accumulated in taxable 
                years of such foreign corporation beginning 
                after December 31, 1962, and during the period 
                or periods the stock was held by such domestic 
                corporation while such foreign corporation was 
                a controlled foreign corporation. For purposes 
                of subsections (c)(2), (d), and (h), a 
                distribution of stock to which this subsection 
                applies shall be treated as a sale of stock to 
                which subsection (a) applies.
          * * * * * * *
  (i) Treatment of Certain Indirect Transfers.--
          [(1) In general.--If any shareholder of a 10-percent 
        corporate shareholder of a foreign corporation 
        exchanges stock of the 10-percent corporate shareholder 
        for stock of the foreign corporation, for purposes of 
        this section, the stock of the foreign corporation 
        received in such exchange shall be treated as if it had 
        been--
                  [(A) issued to the 10-percent corporate 
                shareholder, and
                  [(B) then distributed by the 10-percent 
                corporate shareholder to such shareholder in 
                redemption or liquidation (whichever is 
                appropriate).]
          (1) In general.--If any shareholder of a 10-percent 
        corporate shareholder of a foreign corporation 
        exchanges stock of the 10-percent corporate shareholder 
        for stock of the foreign corporation, such 10-percent 
        corporate shareholder shall recognize gain in the same 
        manner as if the stock of the foreign corporation 
        received in such exchange had been--
                  (A) issued to the 10-percent corporate 
                shareholder, and
                  (B) then distributed by the 10-percent 
                corporate shareholder to such shareholder in 
                redemption or liquidation (whichever is 
                appropriate).
        The amount of gain recognized by such 10-percent 
        corporate shareholder under the preceding sentence 
        shall not exceed the amount treated as a dividend under 
        this section.
          * * * * * * *
SEC. 1250. GAIN FROM DISPOSITIONS OF CERTAIN DEPRECIABLE REALTY.

  (a) * * *
          * * * * * * *
  (e) Holding Period.--For purposes of determining the 
applicable percentage under this section, the provisions of 
section 1223 shall not apply, and the holding period of section 
1250 property shall be determined under the following rules:
          (1) * * *
          * * * * * * *
          [(4) Qualified low-income housing.--The holding 
        period of any section 1250 property acquired which is 
        described in subsection (d)(8)(E)(i) shall include the 
        holding period of the corresponding element of section 
        1250 property disposed of.]
          * * * * * * *

       PART V--SPECIAL RULES FOR BONDS AND OTHER DEBT INSTRUMENTS

                   Subpart A--Original Issue Discount

          * * * * * * *

SEC. 1274. DETERMINATION OF ISSUE PRICE IN THE CASE OF CERTAIN DEBT 
                    INSTRUMENTS ISSUED FOR PROPERTY.

  (a) * * *
  (b) Imputed Principal Amount.--For purposes of this section--
          (1) * * *
          * * * * * * *
          (3) Fair market value rule in potentially abusive 
        situations --
                  (A) * * *
                  (B) Potentially abusive situation defined.-- 
                For purposes of subparagraph (A), the term 
                ``potentially abusive situation'' means--
                          (i) a tax shelter (as defined in 
                        [section 6662(d)(2)(C)(ii)] section 
                        6662(d)(2)(C)(iii)), and
          * * * * * * *

SEC. 1274A. SPECIAL RULES FOR CERTAIN TRANSACTIONS WHERE STATED 
                    PRINCIPAL AMOUNT DOES NOT EXCEED $2,800,000.

  (a) * * *
          * * * * * * *
  (c) Election To Use Cash Method Where Stated Principal Amount 
Does Not Exceed $2,000,000.--
          (1) In general.--In the case of any cash method debt 
        instrument--
                  (A) section 1274 shall not apply, and
                  (B) interest on such debt [instument] 
                instrument shall be taken into account by both 
                the borrower and the lender under the cash 
                receipts and disbursements method of 
                accounting.
          * * * * * * *

       PART VI--TREATMENT OF CERTAIN PASSIVE INVESTMENT COMPANIES

          * * * * * * *

                     Subpart C--General Provisions

          * * * * * * *

SEC. 1297. SPECIAL RULES.

  (a) * * *
          * * * * * * *
  (d) Treatment of Certain Leased Property.--For purposes of 
this part--
          (1) * * *
          [(2) Determination of adjusted basis.--]
          (2) Amount taken into account.--
                  (A) In general.--[The adjusted basis of any 
                asset] The amount taken into account under 
                section 1296(a)(2) with respect to any asset to 
                which paragraph (1) applies shall be the 
                unamortized portion (as determined under 
                regulations prescribed by the Secretary) of the 
                present value of the payments under the lease 
                for the use of such property.
          * * * * * * *
  (e) Special Rules for Certain Intangibles.--For purposes of 
this part--
          (1) Research expenditures.--The adjusted basis of the 
        total assets of a controlled foreign corporation shall 
        be increased by the research or experimental 
        expenditures (within the meaning of section 174) paid 
        or incurred by such foreign corporation during the 
        taxable year and the preceding 2 taxable years. Any 
        expenditure otherwise taken into account under the 
        preceding sentence shall be reduced by the amount of 
        any reimbursement received by the controlled foreign 
        corporation with respect to such expenditure.
          * * * * * * *

  Subchapter S--Tax Treatment of S Corporations and Other Shareholders

          * * * * * * *

                 PART II--TAX TREATMENT OF SHAREHOLDERS

          * * * * * * *

SEC. 1367. ADJUSTMENTS TO BASIS OF STOCK OF SHAREHOLDERS, ETC.

  (a) General Rule.--
          (1) * * *
          (2) Decreases in basis.--The basis of each 
        shareholder's stock in an S corporation shall be 
        decreased for any period (but not below zero) by the 
        sum of the following items determined with respect to 
        the shareholder for such period:
                  (A) * * *
          * * * * * * *
                  (E) the amount of the shareholder's deduction 
                for depletion for any oil and gas property held 
                by the S corporation to the extent such 
                deduction does not exceed the proportionate 
                share of the adjusted basis of such property 
                allocated to such shareholder under [section 
                613A(c)(13)(B)] section 613A(c)(11)(B).
          * * * * * * *

     Subchapter U--Designation and Treatment of Empowerment Zones, 
     Enterprise Communities, and Rural Development Investment Areas

          * * * * * * *

PART II--TAX-EXEMPT FACILITY BONDS FOR EMPOWERMENT ZONES AND ENTERPRISE 
                              COMMUNITIES

          * * * * * * *

SEC. 1394. TAX-EXEMPT ENTERPRISE ZONE FACILITY BONDS.

  (a) * * *
          * * * * * * *
  (e) Penalty for Ceasing to Meet Requirements.--
          (1) * * *
          (2) Loss of deductions where facility ceases to be 
        qualified.--No deduction shall be allowed under this 
        chapter for interest on any financing provided from any 
        bond to which subsection (a) applies with respect to 
        any facility to the extent such interest accrues during 
        the period beginning on the first day of the calendar 
        year which includes the date on which--
                  [(i)] (A) substantially all of the facility 
                with respect to which the financing was 
                provided ceases to be used in an empowerment 
                zone or enterprise community, or
                  [(ii)] (B) the principal user of such 
                facility ceases to be an enterprise zone 
                business (as defined in subsection (b)).
          * * * * * * *
         PART III--ADDITIONAL INCENTIVES FOR EMPOWERMENT ZONES

          * * * * * * *

                     Subpart C--General Provisions

          * * * * * * *

SEC. 1397B. ENTERPRISE ZONE BUSINESS DEFINED.

  (a) * * *
          * * * * * * *
  (d) Qualified Business.--For purposes of this section--
          (1) * * *
          * * * * * * *
          (5) Certain businesses excluded.--The term 
        ``qualified business'' shall not include--
                  (A) any trade or business consisting of the 
                operation of any facility described in section 
                144(c)(6)(B), and
                  (B) any trade or business the principal 
                activity of which is farming (within the 
                meaning of subparagraphs (A) or (B) of section 
                2032A(e)(5)), but only if, as of the close of 
                the [preceding] taxable year, the sum of--
                          (i) * * *
          * * * * * * *

                 CHAPTER 2--TAX ON SELF-EMPLOYED INCOME

          * * * * * * *

SEC. 1402. DEFINITIONS.

  (a) * * *
          * * * * * * *
  (i) Special Rules for Options and Commodities Dealers.--
          (1) In general.--Notwithstanding subsection 
        (a)(3)(A), in determining the net earnings from self-
        employment of any options dealer or commodities dealer, 
        there shall not be excluded any gain or loss (in the 
        normal course of the taxpayer's activity of dealing in 
        or trading section 1256 contracts) from section 1256 
        contracts or property related to such contracts, and 
        the deduction provided by section 1202 shall not apply.
          * * * * * * *

    CHAPTER 3--WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN 
                              CORPORATIONS

       Subchapter A--Nonresident Aliens and Foreign Corporations

          * * * * * * *

SEC. 1445. WITHHOLDING OF TAX ON DISPOSITIONS OF UNITED STATES REAL 
                    PROPERTY INTERESTS.

  (a) * * *
          * * * * * * *
  (e) Special Rules Relating to Distributions, Etc., by 
Corporations, Partnerships, Trusts, or Estates.--
          (1) Certain domestic partnerships, trusts, and 
        estates.--In the case of any disposition of a United 
        States real property interest as defined in section 
        897(c) (other than a disposition described in paragraph 
        (4) or (5)) by a domestic partnership, domestic trust, 
        or domestic estate, such partnership, the trustee of 
        such trust, or the executor of such estate (as the case 
        may be) shall be required to deduct and withhold under 
        subsection (a) a tax equal to [35 percent (or, to the 
        extent provided in regulations, 28 percent)] 25 percent 
        (or, to the extent provided in regulations, 19.8 
        percent) of the gain realized to the extent such gain--
                  (A) is allocable to a foreign person who is a 
                partner or beneficiary of such partnership, 
                trust, or estate, or
                  (B) is allocable to a portion of the trust 
                treated as owned by a foreign person under 
                subpart E of part I of subchapter J.
          (2) Certain distributions by foreign corporations.--
        In the case of any distribution by a foreign 
        corporation on which gain is recognized under 
        subsection (d) or (e) of section 897, the foreign 
        corporation shall deduct and withhold under subsection 
        (a) a tax equal to [35 percent] 25 percent of the 
        amount of gain recognized on such distribution under 
        such subsection.
          (3) Distributions by certain domestic corporations to 
        foreign shareholders.--If a domestic corporation which 
        is or has been a United States real property holding 
        corporation (as defined in section 897(c)(2)) during 
        the applicable period specified in section 
        897(c)(1)(A)(ii) distributes property to a foreign 
        person in a transaction to which section 302 or part II 
        of subchapter C applies, such corporation shall deduct 
        and withhold under subsection (a) a tax equal to 10 
        percent of the amount realized by the foreign 
        shareholder. The preceding sentence shall not apply if, 
        as of the date of the distribution, interests in such 
        corporation are not United States real property 
        interests by reason of section 897(c)(1)(B). Rules 
        similar to the rules of the preceding provisions of 
        this paragraph shall apply in the case of any 
        distribution to which section 301 applies and which is 
        not made out of the earnings and profits of such a 
        domestic corporation.
          * * * * * * *

          Subchapter B--Application of Withholding Provisions

          * * * * * * *

SEC. 1463. TAX PAID BY RECIPIENT OF INCOME.

  If--
          (1) any person, in violation of the provisions of 
        this chapter, fails to deduct and withhold any tax 
        under this chapter, and
          (2) thereafter the tax against which such tax may be 
        credited is paid, the tax so required to be deducted 
        and withheld shall not be collected from such person; 
        but [this subsection] this section shall in no case 
        relieve such person from liability for interest or any 
        penalties or additions to the tax otherwise applicable 
        in respect of such failure to deduct and withhold.
          * * * * * * *

                    CHAPTER 6--CONSOLIDATED RETURNS

                Subchapter A--Returns and Payment of Tax

          * * * * * * *

SEC. 1503. COMPUTATION AND PAYMENT OF TAX.

  (a) * * *
          * * * * * * *
  (e) Special Rule for Determining Adjustments to Basis.--
          (1) In general.--Solely for purposes of determining 
        gain or loss on the disposition of intragroup stock and 
        the amount of any inclusion by reason of an excess loss 
        account, in determining the adjustments to the basis of 
        such intragroup stock on account of the earnings and 
        profits of any member of an affiliated group for any 
        consolidated year (and in determining the amount in 
        such account)--
                  (A) such earnings and profits shall be 
                determined as if section 312 were applied for 
                such taxable year (and all preceding 
                consolidated years of the member with respect 
                to such group) without regard to subsections 
                (k) and (n) thereof and shall be determined 
                without regard to section 168(k), and
          * * * * * * *

SEC. 1504. DEFINITIONS.

  (a) * * *
          * * * * * * *
  (c) Includible Insurance Companies.--Notwithstanding the 
provisions of paragraph (2) of subsection (b)--
          (1) * * *
          (2)(A) * * *
          (B) If an election under this paragraph is in effect 
        for a taxable year--
                  (i) section 243(b)(3) and the exception 
                provided under section 243(b)(2) with respect 
                to subsections (b)(2) and (c) of this section,
          * * * * * * *

                      Subchapter B--Related Rules

          * * * * * * *

                PART II--CERTAIN CONTROLLED CORPORATIONS

          * * * * * * *

SEC. 1561. LIMITATIONS ON CERTAIN MULTIPLE TAX BENEFITS IN THE CASE OF 
                    CERTAIN CONTROLLED CORPORATIONS.

  (a) General Rule.--The component members of a controlled 
group of corporations on a December 31 shall, for their taxable 
years which include such December 31, be limited for purposes 
of this subtitle to--
          (1) * * *
          * * * * * * *
          (4) one $2,000,000 amount for purposes of computing 
        the tax imposed by section 59A. The amounts specified 
        in paragraph (1), the amount specified in paragraph 
        (3), and the amount specified in paragraph (4) shall be 
        divided equally among the component members of such 
        group on such December 31 unless all of such component 
        members consent (at such time and in such manner as the 
        Secretary shall by regulations prescribe) to an 
        apportionment plan providing for an unequal allocation 
        of such amounts. The amounts specified in paragraph (2) 
        shall be divided equally among the component members of 
        such group on such December 31 unless the Secretary 
        prescribes regulations permitting an unequal allocation 
        of such amounts. Notwithstanding paragraph (1), in 
        applying the [last sentence] last 2 sentences of 
        section 11(b)(1) to such component members, the taxable 
        income of all such component members shall be taken 
        into account and any increase in tax under such [last 
        sentence] last 2 sentences shall be divided among such 
        component members in the same manner as amounts under 
        paragraph (1). In applying section 55(d)(3), the 
        alternative minimum taxable income of all component 
        members shall be taken into account and any decrease in 
        the exemption amount shall be allocated to the 
        component members in the same manner as under paragraph 
        (3).
          * * * * * * *

                   Subtitle B--Estate and Gift Taxes

          * * * * * * *

                         CHAPTER 11--ESTATE TAX

          * * * * * * *

             Subchapter A--Estates of Citizens or Residents

          * * * * * * *

                          PART I--TAX IMPOSED

          * * * * * * *

SEC. 2001. IMPOSITION AND RATE OF TAX.

  (a) * * *
          * * * * * * *
  (c) Rate Schedule.--
          (1) * * *
          (2) Phaseout of graduated rates and unified credit.--
        The tentative tax determined under paragraph (1) shall 
        be increased by an amount equal to 5 percent of so much 
        of the amount (with respect to which the tentative tax 
        is to be computed) as exceeds $10,000,000 but does not 
        exceed [$21,040,000] the amount at which the average 
        tax rate under this section is 55 percent.
          * * * * * * *

                      PART II--CREDITS AGAINST TAX

          * * * * * * *

SEC. 2010. UNIFIED CREDIT AGAINST ESTATE TAX.

  (a) General Rule.--A credit of [$192,800] the applicable 
credit amount shall be allowed to the estate of every decedent 
against the tax imposed by section 2001.
          * * * * * * *
  (c) Applicable Credit Amount.--For purposes of this section--
          (1) In general.--The applicable credit amount is the 
        amount of the tentative tax which would be determined 
        under the rate schedule set forth in section 2001(c) if 
        the amount with respect to which such tentative tax is 
        to be computed were the applicable exclusion amount 
        determined in accordance with the following table:

    In the case of estates of decedents                   The applicable
       dying, and gifts made, during:               exclusion amount is:
        1996............................................      $700,000  
        1997............................................      $725,000  
        1998 or thereafter..............................     $750,000.  

          (2) Cost-of-living adjustments.--In the case of any 
        decedent dying, and gift made, in a calendar year after 
        1998, the $750,000 amount set forth in paragraph (1) 
        shall be increased by an amount equal to--
                  (A) $750,000, multiplied by
                  (B) the cost-of-living adjustment determined 
                under section 1(f)(3) for such calendar year by 
                substituting ``calendar year 1997'' for 
                ``calendar year 1992'' in subparagraph (B) 
                thereof.
        If any amount as adjusted under the preceding sentence 
        is not a multiple of $10,000, such amount shall be 
        rounded to the nearest multiple of $10,000.
  [(c)] (d) Limitation Based on Amount of Tax.--The amount of 
the credit allowed by subsection (a) shall not exceed the 
amount of the tax imposed by section 2001.
          * * * * * * *
                         PART III--GROSS ESTATE

          * * * * * * *

SEC. 2032A. VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY.

  (a) Value Based on Use Under Which Property Qualifies.--
          (1) * * *
          * * * * * * *
          (3) Inflation adjustment.--In the case of estates of 
        decedents dying in a calendar year after 1998, the 
        $750,000 amount contained in paragraph (2) shall be 
        increased by an amount equal to--
                  (A) $750,000, multiplied by
                  (B) the cost-of-living adjustment determined 
                under section 1(f)(3) for such calendar year by 
                substituting ``calendar year 1997'' for 
                ``calendar year 1992'' in subparagraph (B) 
                thereof.
        If any amount as adjusted under the preceding sentence 
        is not a multiple of $10,000, such amount shall be 
        rounded to the nearest multiple of $10,000.
          * * * * * * *

           Subchapter B--Estates of Nonresidents Not Citizens

          * * * * * * *

SEC. 2102. CREDITS AGAINST TAX.

  (a) * * *
          * * * * * * *
  (c) Unified Credit.--
          (1) * * *
          (3) Special rules.--
                  (A) Coordination with treaties.--To the 
                extent required under any treaty obligation of 
                the United States, the credit allowed under 
                this subsection shall be equal to the amount 
                which bears the same ratio to [$192,800] the 
                applicable credit amount in effect under 
                section 2010(c) for the calendar year which 
                includes the date of death as the value of the 
                part of the decedent's gross estate which at 
                the time of his death is situated in the United 
                States bears to the value of his entire gross 
                estate wherever situated. For purposes of the 
                preceding sentence, property shall not be 
                treated as situated in the United States if 
                such property is exempt from the tax imposed by 
                this subchapter under any treaty obligation of 
                the United States.
          * * * * * * *

SEC. 2104. PROPERTY WITHIN THE UNITED STATES.

  (a) * * *
          * * * * * * *
  (c) Debt Obligations.--For purposes of this subchapter, debt 
obligations of--
          (1) a United States person, or
          (2) the United States, a State or any political 
        subdivision thereof, or the District of Columbia, owned 
        and held by a nonresident not a citizen of the United 
        States shall be deemed property within the United 
        States. With respect to estates of decedents dying 
        after December 31, 1969, deposits with a domestic 
        branch of a foreign corporation, if such branch is 
        engaged in the commercial banking business, shall, for 
        purposes of this subchapter, be deemed property within 
        the United States. This subsection shall not apply to a 
        debt obligation to which section 2105(b) applies or to 
        a debt obligation of a domestic corporation if any 
        interest on such obligation, were such interest 
        received by the decedent at the time of his death, 
        would be treated by reason of [subparagraph (A), (C), 
        or (D) of section 861(a)(1)] section 861(a)(1)(A) as 
        income from sources without the United States.
          * * * * * * *

                          CHAPTER 12--GIFT TAX

          * * * * * * *

              Subchapter A--Determination of Tax Liability

          * * * * * * *

SEC. 2503. TAXABLE GIFTS.

  (a) * * *
  [(b) Exclusions From Gifts.--]
  (b) Exclusions From Gifts.--
          (1) In general.--In the case of gifts (other than 
        gifts of future interests in property) made to any 
        person by the donor during the calendar year, the first 
        $10,000 of such gifts to such person shall not, for 
        purposes of subsection (a), be included in the total 
        amount of gifts made during such year. Where there has 
        been a transfer to any person of a present interest in 
        property, the possibility that such interest may be 
        diminished by the exercise of a power shall be 
        disregarded in applying this subsection, if no part of 
        such interest will at any time pass to any other 
        person.
          (2) Inflation adjustment.--In the case of gifts made 
        in a calendar year after 1998, the $10,000 amount 
        contained in paragraph (1) shall be increased by an 
        amount equal to--
                  (A) $10,000, multiplied by
                  (B) the cost-of-living adjustment determined 
                under section 1(f)(3) for such calendar year by 
                substituting ``calendar year 1997'' for 
                ``calendar year 1992'' in subparagraph (B) 
                thereof.
        If any amount as adjusted under the preceding sentence 
        is not a multiple of $1,000, such amount shall be 
        rounded to the nearest multiple of $1,000.
          * * * * * * *

SEC. 2505. UNIFIED CREDIT AGAINST GIFT TAX.

  (a) General Rule.--In the case of a citizen or resident of 
the United States, there shall be allowed as a credit against 
the tax imposed by section 2501 for each calendar year an 
amount equal to--
          (1) [$192,800] the applicable credit amount in effect 
        under section 2010(c) for such calendar year, reduced 
        by
          * * * * * * *

                      Subchapter D--GST Exemption

          * * * * * * *

SEC. 2631. GST EXEMPTION.

  (a) * * *
          * * * * * * *
  (c) Inflation Adjustment.--In the case of an individual who 
dies in any calendar year after 1998, the $1,000,000 amount 
contained in subsection (a) shall be increased by an amount 
equal to--
          (1) $1,000,000, multiplied by
          (2) the cost-of-living adjustment determined under 
        section 1(f)(3) for such calendar year by substituting 
        ``calendar year 1997'' for ``calendar year 1992'' in 
        subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a 
multiple of $10,000, such amount shall be rounded to the 
nearest multiple of $10,000.
          * * * * * * *

                  CHAPTER 14--SPECIAL VALUATION RULES

  SEC. 2701. SPECIAL VALUATION RULES IN CASE OF TRANSFERS OF CERTAIN 
                    INTERESTS IN CORPORATIONS OR PARTNERSHIPS.

  (a) Valuation Rules.--
          (1) * * *
          * * * * * * *
          (3) Valuation of rights to which paragraph applies.--
                  (A) * * *
                  (B) Valuation of certain qualified 
                payments.--If--
                          (i) any applicable retained interest 
                        confers a distribution right which 
                        consists of the right to a qualified 
                        payment, and
          * * * * * * *
                  (C) Valuation of qualified payments where no 
                liquidation, etc. rights.--In the case of an 
                applicable retained interest which is described 
                in subparagraph (B)(i) but not subparagraph 
                (B)(ii), the value of the distribution right 
                shall be determined without regard to this 
                section.
          (4) Minimum valuation of junior equity.--
                  (A) * * *
                  (B) Definitions.--For purposes of this 
                paragraph--
                          (i) Junior equity interest.--The term 
                        ``junior equity interest'' means common 
                        stock or, in the case of a partnership, 
                        any partnership interest under which 
                        the rights as to income and capital 
                        (or, to the extent provided in 
                        regulations, the rights as to either 
                        income or capital) are junior to the 
                        rights of all other classes of equity 
                        interests.
          * * * * * * *
  (b) Applicable Retained Interests.--For purposes of this 
section--
          (1) * * *
          (2) Control.--For purposes of paragraph (1)--
                  (A) * * *
          * * * * * * *
                  (C) Applicable family member.--For purposes 
                of this subsection, the term ``applicable 
                family member'' includes any lineal descendant 
                of any parent of the transferor or the 
                transferor's spouse.
  (c) Distribution and Other Rights; Qualified Payments.--For 
purposes of this section--
          (1) Distribution right.--
                  (A) * * *
                  (B) Exceptions.--The term ``distribution 
                right'' does not include--
                          [(i) a right to distributions with 
                        respect to any junior equity interest 
                        (as defined in subsection 
                        (a)(4)(B)(i)),]
                          (i) a right to distributions with 
                        respect to any interest which is junior 
                        to the rights of the transferred 
                        interest,
          * * * * * * *
          (3) Qualified payment.--
                  (A) * * *
                  (C) Elections.--
                          [(i) Waiver of qualified payment 
                        treatment.--A transferor or applicable 
                        family member may elect with respect to 
                        payments under any interest specified 
                        in such election to treat such payments 
                        as payments which are not qualified 
                        payments.]
                          (i) In general.--Payments under any 
                        interest held by a transferor which 
                        (without regard to this subparagraph) 
                        are qualified payments shall be treated 
                        as qualified payments unless the 
                        transferor elects not to treat such 
                        payments as qualified payments. 
                        Payments described in the preceding 
                        sentence which are held by an 
                        applicable family member shall be 
                        treated as qualified payments only if 
                        such member elects to treat such 
                        payments as qualified payments.
                          (ii) Election to have interest 
                        treated as qualified payment.--[A 
                        transferor or any applicable family 
                        member may elect to treat any 
                        distribution right as a qualified 
                        payment, to be paid in the amounts and 
                        at the times specified in such 
                        election.] A transferor or applicable 
                        family member holding any distribution 
                        right which (without regard to this 
                        subparagraph) is not a qualified 
                        payment may elect to treat such right 
                        as a qualified payment, to be paid in 
                        the amounts and at the times specified 
                        in such election. The preceding 
                        sentence shall apply only to the extent 
                        that the amounts and times so specified 
                        are not inconsistent with the 
                        underlying legal instrument giving rise 
                        to such right.
                          (iii) Elections irrevocable.--Any 
                        election under this subparagraph with 
                        respect to an interest shall, once 
                        made, be irrevocable.
  (d) Transfer Tax Treatment of Cumulative But Unpaid 
Distributions.--
          (1) In general.--If a taxable event occurs with 
        respect to any distribution right to which [subsection 
        (a)(3)(B)] subsection (a)(3) (B) or (C) applied, the 
        following shall be increased by the amount determined 
        under paragraph (2):
                  (A) The taxable estate of the transferor in 
                the case of a taxable event described in 
                paragraph (3)(A)(i).
                  (B) The taxable gifts of the transferor for 
                the calendar year in which the taxable event 
                occurs in the case of a taxable event described 
                in paragraph (3)(A)(ii) or (iii).
          * * * * * * *
          (3) Taxable events.--For purposes of this 
        subsection--
                  (A) In general.--The term ``taxable event'' 
                means any of the following:
                          (i) The death of the transferor if 
                        the applicable retained interest 
                        conferring the distribution right is 
                        includible in the estate of the 
                        transferor.
                          (ii) The transfer of such applicable 
                        retained interest.
                          (iii) At the election of the 
                        taxpayer, the payment of any qualified 
                        payment after the period described in 
                        paragraph (2)(C), but only with respect 
                        to [the period ending on the date of] 
                        such payment.
                  (B) Exception where spouse is transferee.--
                          (i) * * *
                          (ii) Lifetime transfers.--A transfer 
                        to the spouse of the transferor shall 
                        not be treated as a taxable event under 
                        subparagraph (A)(ii) if such transfer 
                        does not result in a taxable gift by 
                        reason of--
                          (I) any deduction allowed under 
                        section 2523, or the exclusion under 
                        section 2503(b), or
          * * * * * * *
          (4) Special rules for applicable family members.--
                  (A) Family member treated in same manner as 
                transferor.--For purposes of this subsection, 
                an applicable family member shall be treated in 
                the same manner as the transferor with respect 
                to any distribution right retained by such 
                family member to which [subsection (a)(3)(B)] 
                subsection (a)(3) (B) or (C) applied.
                  (B) Transfer to applicable family member.--In 
                the case of a taxable event described in 
                paragraph (3)(A)(ii) involving the transfer of 
                an applicable retained interest to an 
                applicable family member (other than the spouse 
                of the transferor), the applicable family 
                member shall be treated in the same manner as 
                the transferor in applying this subsection to 
                distributions accumulating with respect to such 
                interest after such taxable event.
                  (C) Transfer to transferors.--In the case of 
                a taxable event described in paragraph 
                (3)(A)(ii) involving a transfer of an 
                applicable retained interest from an applicable 
                family member to a transferor, this subsection 
                shall continue to apply to the transferor 
                during any period the transferor holds such 
                interest.
          (5) Transfer to include termination.--For purposes of 
        this subsection, any termination of an interest shall 
        be treated as a transfer.
  (e) Other Definitions and Rules.--For purposes of this 
section--
          (1) * * *
          * * * * * * *
          [(3) Attribution rules.--
                  [(A) Indirect holdings and transfers.--An 
                individual]
          (3) Attribution of indirect holdings and transfers.--
        An individual shall be treated as holding any interest 
        to the extent such interest is held indirectly by such 
        individual through a corporation, partnership, trust, 
        or other entity. If any individual is treated as 
        holding any interest by reason of the preceding 
        sentence, any transfer which results in such interest 
        being treated as no longer held by such individual 
        shall be treated as a transfer of such interest.
                  [(B) Control.--For purposes of subsections 
                (b)(1), an individual shall be treated as 
                holding any interest held by the individual's 
                brothers, sisters, or lineal descendants.]
          (4) Effect of adoption.-- A relationship by legal 
        adoption shall be treated as a relationship by blood.
          (5) Certain changes treated as transfers.--Except as 
        provided in regulations, a contribution to capital or a 
        redemption, recapitalization, or other change in the 
        capital structure of a corporation or partnership shall 
        be treated as a transfer of an interest in such entity 
        to which this section applies if the taxpayer or an 
        applicable family member--
                  (A) receives an applicable retained interest 
                in such entity pursuant to [such contribution 
                to capital or such redemption, 
                recapitalization, or other change] such 
                transaction, or
                  (B) under regulations, otherwise holds, 
                immediately after [the transfer] such 
                transaction, an applicable retained interest in 
                such entity. This paragraph shall not apply to 
                any transaction (other than a contribution to 
                capital) if the interests in the entity held by 
                the transferor, applicable family members, and 
                members of the transferor's family before and 
                after the transaction are substantially 
                identical.
          (6) Adjustments.--Under regulations prescribed by the 
        Secretary, if there is any subsequent transfer, or 
        inclusion in the gross estate, of any applicable 
        retained interest which was valued under the rules of 
        subsection (a), appropriate adjustments shall be made 
        for purposes of chapter 11, 12, or 13 to reflect the 
        increase in the amount of any prior taxable gift made 
        by the transferor or decedent by reason of such 
        valuation or to reflect the application of subsection 
        (d).
          * * * * * * *

SEC. 2702. SPECIAL VALUATION RULES IN CASE OF TRANSFERS OF INTERESTS IN 
                    TRUSTS.

  (a) Valuation Rules.--
          (1) * * *
          * * * * * * *
          (3) Exceptions.--
                  (A) In general.--This subsection shall not 
                apply to any transfer--
                          (i) [to the extent] if such transfer 
                        is an incomplete [transfer] gift, [or]
                          (ii) if such transfer involves the 
                        transfer of an interest in trust all 
                        the property in which consists of a 
                        residence to be used as a personal 
                        residence by persons holding term 
                        interests in such trust[.], or
                          (iii) to the extent that regulations 
                        provide that such transfer is not 
                        inconsistent with the purposes of this 
                        section.
                  (B) [Incomplete transfer] Incomplete gift.--
                For purposes of subparagraph (A), the term 
                ``incomplete [transfer] gift'' means any 
                transfer which would not be treated as a gift 
                whether or not consideration was received for 
                such transfer.
          * * * * * * *
SEC. 2704. TREATMENT OF CERTAIN LAPSING RIGHTS AND RESTRICTIONS.

  (a) * * *
          * * * * * * *
  (c) Definitions and Special Rules.--For purposes of this 
section--
          (1) * * *
          * * * * * * *
          (3) Attribution.--The rule of [section 2701(e)(3)(A)] 
        section 2701(e)(3) shall apply for purposes of 
        determining the interests held by any individual.
          * * * * * * *

                      Subtitle C--Employment Taxes

          * * * * * * *

                CHAPTER 23--FEDERAL UNEMPLOYMENT TAX ACT

          * * * * * * *

SEC. 3306. DEFINITIONS.

  (a) * * *
          * * * * * * *
  (k) Agricultural Labor.--For purposes of this chapter, the 
term ``agricultural labor'' has the meaning assigned to such 
term by subsection (g) of section 3121, except that for 
purposes of this chapter subparagraph (B) of paragraph (4) of 
such subsection (g) shall be treated as reading:
                  ``(B) in the employ of a group of operators 
                of farms (or a cooperative organization of 
                which such operators are members) in the 
                performance of service described in 
                subparagraph (A), but only if such if such 
                operators produced more than one-half of the 
                commodity with respect to which such service is 
                performed;''.
          * * * * * * *

        CHAPTER 24--COLLECTION OF INCOME TAX AT SOURCE ON WAGES

                  Subchapter A--Withholding from Wages

SEC. 3401. DEFINITIONS.

  (a) Wages.--For purposes of this chapter, the term ``wages'' 
means all remuneration (other than fees paid to a public 
official) for services performed by an employee for his 
employer, including the cash value of all remuneration 
(including benefits) paid in any medium other than cash; except 
that such term shall not include remuneration paid--
          (1) for active service performed in a month for which 
        such employee is entitled to the benefits of section 
        112 (relating to certain [combat pay] combat zone 
        compensation of members of the Armed Forces of the 
        United States); or
          * * * * * * *

SEC. 3405. SPECIAL RULES FOR PENSIONS, ANNUITIES, AND CERTAIN OTHER 
                    DEFERRED INCOME.--

  (a) * * *
          * * * * * * *
  (e) Definitions and Special Rules.--For purposes of this 
section--
          (1) * * *
          * * * * * * *
          (12) Failure to provide correct tin.--If--
                  (A) a payee fails to furnish his TIN to the 
                payor in the manner required by the Secretary, 
                or
                  (B) the Secretary notifies the payor before 
                any payment or distribution that the TIN 
                furnished by the payee is incorrect, -no 
                election under subsection (a)(2) or [(b)(3)] 
                (b)(2) shall be treated as in effect and 
                subsection (a)(4) shall not apply to such 
                payee.
          * * * * * * *

                 Subtitle D--Miscellaneous Excise Taxes

          * * * * * * *

                    CHAPTER 31--RETAIL EXCISE TAXES

          * * * * * * *

               Subchapter A--Luxury Passenger Automobiles

SEC. 4001. IMPOSITION OF TAX.

  (a) * * *
          * * * * * * *
  [(e) Inflation Adjustment.--
          [(1) In general.--If, for any calendar year, the 
        excess (if any) of--
                  [(A) $30,000, increased by the cost-of-living 
                adjustment for the calendar year, over
                  [(B) the dollar amount in effect under 
                subsection (a) for the calendar year,
  [is equal to or greater than $2,000, then the $30,000 amount 
in subsection (a) and section 4003(a) (as previously adjusted 
under this subsection) for any subsequent calendar year shall 
be increased by the amount of such excess rounded to the next 
lowest multiple of $2,000.
          [(2) Cost-of-living adjustment.--For purposes of 
        paragraph (1), the cost-of-living adjustment for any 
        calendar year shall be the cost-of-living adjustment 
        under section 1(f)(3) for such calendar year, 
        determined by substituting ``calendar year 1990'' for 
        ``calendar year 1992'' in subparagraph (B) thereof.]
  (e) Inflation Adjustment.--
          (1) In general.--The $30,000 amount in subsection (a) 
        and section 4003(a) shall be increased by an amount 
        equal to--
                  (A) $30,000, multiplied by
                  (B) the cost-of-living adjustment under 
                section 1(f)(3) for the calendar year in which 
                the vehicle is sold, determined by substituting 
                ``calendar year 1990'' for ``calendar year 
                1992'' in subparagraph (B) thereof.
          (2) Rounding.--If any amount as adjusted under 
        paragraph (1) is not a multiple of $2,000, such amount 
        shall be rounded to the next lowest multiple of $2,000.
          * * * * * * *

                 CHAPTER 36--CERTAIN OTHER EXCISE TAXES

          * * * * * * *

                  Subchapter A--Harbor Maintenance Tax

          * * * * * * *

SEC. 4462. DEFINITIONS AND SPECIAL RULES.

  (a) * * *
  (b) Special Rule for Alaska, Hawaii, and Possessions.--
          (1) In general.--No tax shall be imposed under 
        section 4461(a) with respect to--
                  (A) * * *
          * * * * * * *
                  (D) cargo loaded on a vessel in Alaska, 
                Hawaii, or a possession of the United States 
                and unloaded in the State or possession in 
                which loaded, or passengers transported on 
                United States flag vessels operating solely 
                within the State waters of Alaska or Hawaii and 
                adjacent international waters.
          * * * * * * *

                 Subchapter B--Transportation by Water
        Sec. 4471. Imposition of tax.
        Sec. 4472. Definitions [and special rules].
          * * * * * * *

              CHAPTER 43--QUALIFIED PENSIONS, ETC., PLANS

          * * * * * * *
SEC. 4973. TAX ON EXCESS CONTRIBUTIONS TO INDIVIDUAL RETIREMENT 
                    ACCOUNTS, CERTAIN SECTION 403(B) CONTRACTS, AND 
                    CERTAIN INDIVIDUAL RETIREMENT ANNUITIES.

  (a) * * *
  (b) Excess Contributions.--For purposes of this section, in 
the case of individual retirement accounts or individual 
retirement annuities, the term ``excess contributions'' means 
the sum of
  (1) the excess (if any) of--
          (A) the amount contributed for the taxable year to 
        the accounts or for the annuities (other than a 
        rollover contribution described in [sections 402(c)] 
        section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3)), 
        over
          * * * * * * *

SEC. 4975. TAX ON PROHIBITED TRANSACTIONS.

  (a) * * *
          * * * * * * *
  (d) Exemptions.--The prohibitions provided in subsection (c) 
shall not apply to--
                  (1) * * *
          * * * * * * *
                  (13) any transaction which is exempt from 
                section 406 of such Act by reason of section 
                408(e) of such Act (or which would be so exempt 
                if such section 406 applied to such 
                transaction) or which is exempt from section 
                406 of such Act by reason of [section 408(b)] 
                section 408(b)(12) of such Act;
          * * * * * * *

SEC. 4977. TAX ON CERTAIN FRINGE BENEFITS PROVIDED BY AN EMPLOYER.

  (a) * * *
          * * * * * * *
  (c) Effect of Election on Section 132(a).--If--
          (1) an election under this section is in effect with 
        respect to an employer for any calendar year, and
          (2) at all times on or after January 1, 1984, and 
        before the close of the calendar year involved, 
        substantially all of the employees of the employer were 
        entitled to employee discounts on goods or services 
        provided by the employer in 1 line of business, for 
        purposes of paragraphs (1) and (2) of section 132(a) 
        (but not for purposes of section [section 132(i)(2)] 
        section 132(h)), all employees of any line of business 
        of the employer which was in existence on January 1, 
        1984, shall be treated as employees of the line of 
        business referred to in paragraph (2).
          * * * * * * *

SEC. 4978. TAX ON CERTAIN DISPOSITIONS BY EMPLOYEE STOCK OWNERSHIP 
                    PLANS AND CERTAIN COOPERATIVES.

  (a) * * *
  (b) Amount of Tax.--
          (1) * * *
          (2) Limitation.--The amount realized taken into 
        account under paragraph (1) shall not exceed that 
        portion allocable to qualified securities acquired in 
        the sale to which section 1042 applied determined as if 
        such securities were disposed of--
                  (A) first, from section 133 securities (as 
                defined in section 4978B(e)(2)) acquired during 
                the 3-year period ending on the date of such 
                disposition, beginning with the securities 
                first so acquired[.],
                  (B) second, from section 133 securities (as 
                so defined) acquired before such 3-year period 
                unless such securities (or proceeds from the 
                disposition) have been allocated to accounts of 
                participants or beneficiaries[.''],
                  (C) third, from qualified securities to which 
                section 1042 applied acquired during the 3-year 
                period ending on the date of the disposition, 
                beginning with the securities first so 
                acquired, and
                  (D) then from any other employer securities. 
                If subsection (d) or section 4978B(d) applies 
                to a disposition, the disposition shall be 
                treated as made from employer securities in the 
                opposite order of the preceding sentence.
          * * * * * * *

SEC. 4980A. TAX ON EXCESS DISTRIBUTIONS FROM QUALIFIED RETIREMENT 
                    PLANS.

  (a) * * *
          * * * * * * *
  (e) Retirement Distributions.--For purposes of this section--
          (1) In general.--The term ``retirement distribution'' 
        means, with respect to any individual, the amount 
        distributed during the taxable year under--
                  (A) any qualified employer plan with respect 
                to which such individual is or was the 
                employee, and
                  (B) any individual retirement plan other than 
                an ADS account (as defined in section 408A(b)).
          * * * * * * *

SEC. 4980B. FAILURE TO SATISFY CONTINUATION COVERAGE REQUIREMENTS OF 
                    GROUP HEALTH PLANS.

  (a) * * *
          * * * * * * *
  (f) Continuation Coverage Requirements of Group Health 
Plans.--
          (1) * * *
          (2) Continuation coverage.--For purposes of paragraph 
        (1), the term ``continuation coverage'' means coverage 
        under the plan which meets the following requirements:
                  (A) * * *
                  (B) Period of coverage.--The coverage must 
                extend for at least the period beginning on the 
                date of the qualifying event and ending not 
                earlier than the earliest of the following:
                          (i) Maximum required period.--
                                  (I) * * *
          * * * * * * *
                                  [(V) Qualifying event 
                                involving medicare 
                                entitlement.--In the case of an 
                                event described in paragraph 
                                (3)(D) (without regard to 
                                whether such event is a 
                                qualifying event), the period 
                                of coverage for qualified 
                                beneficiaries other than the 
                                covered employee for such event 
                                or any subsequent qualifying 
                                event shall not terminate 
                                before the close of the 36-
                                month period beginning on the 
                                date the covered employee 
                                becomes entitled to benefits 
                                under title XVIII of the Social 
                                Security Act. In the case of a 
                                qualified beneficiary who is 
                                determined, under title II or 
                                XVI of the Social Security Act, 
                                to have been disabled at the 
                                time of a qualifying event 
                                described in paragraph (3)(B), 
                                any reference in subclause (I) 
                                or (II) to 18 months with 
                                respect to such event is deemed 
                                a reference to 29 months, but 
                                only if the qualified 
                                beneficiary has provided notice 
                                of such determination under 
                                paragraph (6)(C) before the end 
                                of such 18 months.]
                                  (V) Medicare entitlement 
                                followed by qualifying event.--
                                In the case of a qualifying 
                                event described in paragraph 
                                (3)(B) that occurs less than 18 
                                months after the date the 
                                covered employee became 
                                entitled to benefits under 
                                title XVIII of the Social 
                                Security Act, the period of 
                                coverage for qualified 
                                beneficiaries other than the 
                                covered employee shall not 
                                terminate under this clause 
                                before the close of the 36-
                                month period beginning on the 
                                date the covered employee 
                                became so entitled.
          * * * * * * *
          (9) Continuation of long-term care coverage not 
        required.--A group health plan shall not be treated as 
        failing to meet the requirements of this subsection 
        solely by reason of failing to provide coverage under 
        any long-term care insurance contract (as defined in 
        section 7702B(b)).
          * * * * * * *
             CHAPTER 51--DISTILLED SPIRITS, WINES, AND BEER

          * * * * * * *

             Subchapter A--Gallonage and Occupational Taxes

          * * * * * * *

                        PART I--GALLONAGE TAXES
          * * * * * * *

                            Subpart C--Wines

SEC. 5041. IMPOSITION AND RATE OF TAX.

  (a) * * *
          * * * * * * *
  (c) Credit for Small Domestic Producers.--
          (1)
          [(6) Regulations.--The Secretary may prescribe such 
        regulations as may be necessary to prevent the credit 
        provided in this subsection from benefiting any person 
        who produces more than 250,000 wine gallons of wine 
        during a calendar year and to assure proper reduction 
        of such credit for persons producing more than 150,000 
        wine gallons of wine during a calendar year.]
          (6) Credit for transferee in bond.--If--
                  (A) wine produced by any person would be 
                eligible for any credit under paragraph (1) if 
                removed by such person during the calendar 
                year,
                  (B) wine produced by such person is removed 
                during such calendar year by any other person 
                (hereafter in this paragraph referred to as the 
                `transferee') to whom such wine was transferred 
                in bond and who is liable for the tax imposed 
                by this section with respect to such wine, and
                  (C) such producer holds title to such wine at 
                the time of its removal and provides to the 
                transferee such information as is necessary to 
                properly determine the transferee's credit 
                under this paragraph,
        then, the transferee (and not the producer) shall be 
        allowed the credit under paragraph (1) which would be 
        allowed to the producer if the wine removed by the 
        transferee had been removed by the producer on that 
        date.
          (7) Regulations.--The Secretary may prescribe such 
        regulations as may be necessary to carry out the 
        purposes of this subsection, including regulations--
                  (A) to prevent the credit provided in this 
                subsection from benefiting any person who 
                produces more than 250,000 wine gallons during 
                a calendar year, and
                  (B) to assure proper reduction of such credit 
                for persons producing more than 150,000 wine 
                gallons of wine during a calendar year.
          * * * * * * *

                     Subpart E--General Provisions

SEC. 5061. METHOD OF COLLECTING TAX.

  (a) * * *
  (b) Exceptions.--Notwithstanding the provisions of subsection 
(a), any taxes imposed on, or amounts to be paid or collected 
in respect of, distilled spirits, wines, and beer under--
          (1) section 5001(a)(4), (5), or (6),
          (2) section 5006(c) or (d), (3) section 5041(e),
          [(3) section 5041(e),]
          (3) section 5041(f),
          * * * * * * *

           Subpart F--Nonbeverage Domestic Drawback Claimants

          * * * * * * *

SEC. 5134. DRAWBACK.

  (a) * * *
  (c) Allowance of Drawback Even Where Certain Requirements Not 
Met.--
          (1) * * *
          * * * * * * *
          (3) Penalty treated as tax.--The penalty imposed by 
        paragraph (2) shall be assessed, collected, and paid in 
        the same manner as taxes, as provided in [section 
        6662(a)] section 6665(a).
          * * * * * * *

SEC. 5206. CONTAINERS.

  (a) * * *
          * * * * * * *
  (f) Cross References.--

          (1) For other provisions relating to regulation of containers 
        of distilled spirits, see section 5301.
          (2) For provisions relating to labeling containers of 
        distilled spirits of one gallon or less for nonindustrial uses, 
        see [section 5(e)] section 105(e) of the Federal Alcohol 
        Administration Act (27 U.S.C. 205(e)).
          * * * * * * *

             Subchapter F--Bonded and Taxpaid Wine Premises

          * * * * * * *

                          PART II--OPERATIONS

          * * * * * * *

SEC. 5354. BOND.

  The bond for a bonded wine cellar shall be in such form, on 
such conditions, and with such adequate surety, as regulations 
issued by the Secretary shall prescribe, and shall be in a 
penal sum not less than the tax on any wine or distilled 
spirits possessed or in transit at any one time (taking into 
account the appropriate amount of credit with respect to such 
wine under section 5041(c)), but not less than $1,000 nor more 
than $50,000; except that where the tax on such wine and on 
such distilled spirits exceeds $250,000, the penal sum of the 
bond shall be not more than $100,000. Where additional 
liability arises as a result of deferral of payment of tax 
payable on any return, the Secretary may require the proprietor 
to file a supplemental bond in such amount as may be necessary 
to protect the revenue. The liability of any person on any such 
bond shall apply whether the transaction or operation on which 
the liability of the proprietor is based occurred on or off the 
proprietor's premises.
          * * * * * * *

                Subtitle F--Procedure and Administrative

          * * * * * * *

                  CHAPTER 61--INFORMATION AND RETURNS

          * * * * * * *

                   Subchapter A--Returns and Records

          * * * * * * *
        Part IX. Designation for reduction of public debt.
          * * * * * * *

                   PART II--TAX RETURNS OR STATEMENTS

          * * * * * * *

                     Subpart B--Income Tax Returns

          * * * * * * *

SEC. 6018. ESTATE TAX RETURNS.

  (a) Returns by Executor.--
          (1) Citizens or residents.--In all cases where the 
        gross estate at the death of a citizen or resident 
        exceeds [$600,000] the applicable exclusion amount in 
        effect under section 2010(c) (as adjusted under 
        paragraph (2) thereof) for the calendar year which 
        includes the date of death, the executor shall make a 
        return with respect to the estate tax imposed by 
        subtitle B.
          * * * * * * *

                     PART III--INFORMATION RETURNS

Subpart A--Information Concerning Persons Subject to Special Provisions

          * * * * * * *

SEC. 6033. RETURNS BY EXEMPT ORGANIZATIONS.

  (a) * * *
          * * * * * * *
  (e) Special Rules Relating to Lobbying Activities.--
          (1) Reporting requirements.--
                  (A) * * *
                  (B) Organizations to which subsection 
                applies.--
                          (i) In general.--This subsection 
                        shall apply to any organization which 
                        is exempt from taxation under [this 
                        subtitle] section 501 other than an 
                        organization described in section 
                        501(c)(3).
                          (ii) Special rule for in-house 
                        expenditures.--This subsection shall 
                        not apply to the in-house expenditures 
                        (within the meaning of section 
                        162(e)(5)(B)(ii)) of an organization 
                        for a taxable year if such expenditures 
                        do not exceed $2,000. In determining 
                        whether a taxpayer exceeds the $2,000 
                        limit under this clause, there shall 
                        not be taken into account overhead 
                        costs otherwise allocable to activities 
                        described in subparagraphs (A) and (D) 
                        of section 162(e)(1).
                          (iii) Coordination with section 
                        527(f).--This subsection shall not 
                        apply to any amount on which tax is 
                        imposed by reason of section 527(f).
          * * * * * * *

SEC. 6038. INFORMATION WITH RESPECT TO CERTAIN FOREIGN CORPORATIONS

  (a) Requirement.--
          (1) In general.--Every United States person shall 
        furnish, with respect to any foreign corporation which 
        such person controls (within the meaning of subsection 
        (e)(1)), such information as the Secretary may 
        prescribe by regulations relating to--
                  (A) * * *
          * * * * * * *
                  (E) a description of the various classes of 
                stock outstanding, and a list showing the name 
                and address of, and number of shares held by, 
                each United States person who is a shareholder 
                of record owning at any time during the annual 
                accounting period 5 percent or more in value of 
                any class of stock outstanding of such foreign 
                corporation[, and].
                  [(F) such information as the Secretary may 
                require for purposes of carrying out the 
                provisions of section 453C. The Secretary may 
                also require the furnishing of any other 
                information which is similar or related in 
                nature to that specified in the preceding 
                sentence or which the Secretary determines to 
                be appropriate to carry out the provisions of 
                this title.]
          * * * * * * *
  [(e)] (f) Cross References.--

          (1) For provisions relating to penalties for violations of 
        this section, see section 7203.
          (2) For definition of the term ``United States person'', see 
        section 7701(a)(30).
SEC. 6038A. INFORMATION WITH RESPECT TO CERTAIN FOREIGN-OWNED 
                    CORPORATIONS.

  (a) * * *
  (b) Required Information.--For purposes of subsection (a), 
the information described in this subsection is such 
information as the Secretary may prescribe by regulations 
relating to--
          (1) * * *
          (2) the manner in which the reporting corporation is 
        related to each person referred to in paragraph (1), 
        and
          (3) transactions between the reporting corporation 
        and each foreign person which is a related party to the 
        reporting corporation[, and].
          [(4) such information as the Secretary may require 
        for purposes of carrying out the provisions of section 
        453C.]
          * * * * * * *
  (e) Enforcement of Requests for Certain Records.--
          (1) * * *
          * * * * * * *
          (4) Judicial proceedings.--
                  (A) * * *
          * * * * * * *
                  (D) Suspension of statute of limitations.--If 
                the reporting corporation brings an action 
                under subparagraph (A) or (B), the running of 
                any period of limitations under section 6501 
                (relating to assessment and collection of tax) 
                or under section 6531 (relating to criminal 
                prosecutions) with respect to [any transaction 
                to which the summons relates] any affected 
                taxable year shall be suspended for the period 
                during which such proceeding, and appeals 
                therein, are pending. In no event shall any 
                such period expire before the 90th day after 
                the day on which there is a final determination 
                in such proceeding. For purposes of this 
                subparagraph, the term ``affected taxable 
                year'' means any taxable year if the 
                determination of the amount of tax imposed for 
                such taxable year is affected by the treatment 
                of the transaction to which the summons 
                relates.
          * * * * * * *

   Subpart B--Information Concerning Transactions With Other Persons
        Sec. 6041. Information at source.
     * * * * * * *
        Sec. 6043. Liquidating[;], etc., transactions.
     * * * * * * *
        Sec. 6050Q. Certain long-term care benefits.
          * * * * * * *

SEC. 6043. LIQUIDATING[;], ETC., TRANSACTIONS.

  (a) Corporate Liquidating, Etc., Transactions.--Every 
corporation shall--
          (1) Within 30 days after the adoption by the 
        corporation of a resolution or plan for the dissolution 
        of the corporation or for the liquidation of the whole 
        or any part of its capital stock, make a return setting 
        forth the terms of such resolution or plan and such 
        other information as the Secretary shall by forms or 
        regulations prescribe; and
          * * * * * * *
SEC. 6050B. RETURNS RELATING TO UNEMPLOYMENT COMPENSATION.

  (a) * * *
          * * * * * * *
  (c) Definitions.--For purposes of this section--
          (1) Unemployment compensation.--The term 
        ``unemployment compensation'' has the meaning given to 
        such term by [section 85(c)] section 85(b).
          * * * * * * *
SEC. 6050Q. CERTAIN LONG-TERM CARE BENEFITS.

  (a) Requirement of Reporting.--Any person who pays long-term 
care benefits shall make a return, according to the forms or 
regulations prescribed by the Secretary, setting forth--
          (1) the aggregate amount of such benefits paid by 
        such person to any individual during any calendar year, 
        and
          (2) the name, address, and TIN of such individual.
  (b) Statements To Be Furnished to Persons With Respect to 
Whom Information Is Required.--Every person required to make a 
return under subsection (a) shall furnish to each individual 
whose name is required to be set forth in such return a written 
statement showing--
          (1) the name of the person making the payments, and
          (2) the aggregate amount of long-term care benefits 
        paid to the individual which are required to be shown 
        on such return.
The written statement required under the preceding sentence 
shall be furnished to the individual on or before January 31 of 
the year following the calendar year for which the return under 
subsection (a) was required to be made.
  (c) Long-Term Care Benefits.--For purposes of this section, 
the term ``long-term care benefit'' has the meaning given such 
term by section 91(c).
          * * * * * * *
           PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT
        Sec. 6097. Designation.
SEC. 6097. DESIGNATION.

  (a) In General.--Every individual with adjusted income tax 
liability for any taxable year may designate that a portion of 
such liability (not to exceed 10 percent thereof) shall be used 
to reduce the public debt.
  (b) Manner and Time of Designation.--A designation under 
subsection (a) may be made with respect to any taxable year 
only at the time of filing the return of tax imposed by chapter 
1 for the taxable year. The designation shall be made on the 
first page of the return or on the page bearing the taxpayer's 
signature.
  (c) Adjusted Income Tax Liability.--For purposes of this 
section, the term ``adjusted income tax liability'' means 
income tax liability (as defined in section 6096(b)) reduced by 
any amount designated under section 6096 (relating to 
designation of income tax payments to Presidential Election 
Campaign Fund).
          * * * * * * *

                 Subchapter B--Miscellaneous Provisions

          * * * * * * *

SEC. 6103. CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN 
                    INFORMATION.

  (a) * * *
          * * * * * * *
  (e) Disclosure to Persons Having Material Interest.--
          (1) In general.--The return of a person shall, upon 
        written request, be open to inspection by or disclosure 
        to--
                  (A) in the case of the return of an 
                individual--
                          (i) * * *
          * * * * * * *
                          (iv) the child of that individual (or 
                        such child's legal representative) to 
                        the extent necessary to comply with the 
                        provisions of [section 1(g) or 59(j);] 
                        section 1(g) or 59(j);
          * * * * * * *

                Subtitle F--Procedure and Administration

          * * * * * * *

                  CHAPTER 61--INFORMATION AND RETURNS

          * * * * * * *

                 Subchapter B--Miscellaneous Provisions

          * * * * * * *
SEC. 6109. IDENTIFYING NUMBERS.

  (a) * * *
          * * * * * * *
  [(f)] (g) Access to Employer Identification Numbers by 
Federal Crop Insurance Corporation for purposes of the Federal 
Crop Insurance Act.--
          (1) * * *
          * * * * * * *

               CHAPTER 62--TIME AND PLACE FOR PAYING TAX

          * * * * * * *
              Subchapter B--Extensions of Time for Payment

          * * * * * * *

SEC. 6166. EXTENSION OF TIME FOR PAYMENT OF ESTATE TAX WHERE ESTATE 
                    CONSISTS LARGELY OF INTEREST IN CLOSELY HELD 
                    BUSINESS.

  (a) * * *
          * * * * * * *
  (k) Cross references.--
      (1) * * *
     * * * * * * *
          [(6) Payment of estate tax by employee stock ownership plan or 
        eligible worker-owned cooperative.--For provision allowing plan 
        administrator or eligible worker-owned cooperative to elect to 
        pay a certain portion of the estate tax in installments under 
        the provisions of this section, see section 2210(c).]
          * * * * * * *

                         CHAPTER 63--ASSESSMENT

          * * * * * * *

  Subchapter B--Deficiency Procedures in the Case of Income, Estate, 
                     Gift, and Certain Excise Taxes

          * * * * * * *

SEC. 6214. DETERMINATIONS BY TAX COURT.

  (a) * * *
          * * * * * * *
  [(e) Cross references.--
          [(1) For provision giving Tax Court jurisdiction to determine 
        whether any portion of deficiency is a substantial underpayment 
        attributable to tax motivated transactions, see section 
        6621(c)(4).
          [(2) For provision giving Tax Court jurisdiction to order a 
        refund of an overpayment and to award sanctions, see section 
        6512(b)(2).]
  (e) Cross Reference.--
          For provision giving Tax Court jurisdiction to order a refund 
        of an overpayment and to award sanctions, see section 
        6512(b)(2).
          * * * * * * *

                         CHAPTER 64--COLLECTION

                    Subchapter A--General Provisions

          * * * * * * *

SEC. 6302. MODE OR TIME OF COLLECTION.

  (a) * * *
          * * * * * * *
  (g) Deposits of Social Security Taxes and Withheld Income 
Taxes.--If, under regulations prescribed by the Secretary, a 
person is required to make deposits of taxes imposed by 
chapters 21, 22, and 24 on the basis of eight-month periods, 
such person shall make deposits of such taxes on the 1st 
banking day after any day on which such person has $100,000 or 
more of such taxes for deposit.
          * * * * * * *

              CHAPTER 65--ABATEMENTS, CREDITS, AND REFUNDS

          * * * * * * *

               Subchapter B--Rules of Special Application

          * * * * * * *

SEC. 6416. CERTAIN TAXES ON SALES AND SERVICES.

  (a) * * *
  (b) Special Cases in Which Tax Payments Considered 
Overpayments.--Under regulations prescribed by the Secretary, 
credit or refund (without interest) shall be allowed or made in 
respect of the overpayments determined under the following 
paragraphs:
          (1) Price readjustments.--
                  (A) In general.--Except as provided in 
                subparagraph (B) or (C), if the price of any 
                article in respect of which a tax, based on 
                such price, is imposed by [chapter 32 or by 
                section 4051] chapter 31 or 32, is readjusted 
                by reason of the return or repossession of the 
                article or a covering or container, or by a 
                bona fide discount, rebate, or allowance, 
                including a readjustment for local advertising 
                (but only to the extent provided in section 
                4216(e)(2) and (3)), the part of the tax 
                proportionate to the part of the price repaid 
                or credited to the purchaser shall be deemed to 
                be an overpayment.
          * * * * * * *
                        CHAPTER 66--LIMITATIONS

         Subchapter A--Limitations on Assessment and Collection

SEC. 6501. LIMITATIONS ON ASSESSMENT AND COLLECTION.

  (a) * * *
          * * * * * * *
  [(m) Deficiency Attributable to Election Under Section 43 or 
44B.--The period for assessing a deficiency attributable to any 
election under section 43 of 44B (or any revocation therof) 
shall not expire before the date 1 year after the date on which 
the Secretary is notified of such elction (or revocation).]
  [(n)] (m) Deficiencies attributable to election of certain 
credits.--The period for assessing a deficiency attributable to 
any election under [section 40(f) or 51(j)] section 30(d)(4), 
40(f), 43, 45B, or 51(j) (or any revocation thereof) shall not 
expire before the date 1 year after the date on which the 
Secretary is notified of such election (or revocation).
  [(o)] (n) Cross references.--

          (1) For period of limitations for assessment and collection in 
        the case of a joint income return filed after separate returns 
        have been filed, see section 6013(b)(3) and (4).
          (2) For extension of period in the case of partnership items 
        (as defined in section 6231(a)(3)), see section 6229.
          * * * * * * *

SEC. 6503. SUSPENSION OF RUNNING OF PERIOD OF LIMITATION.

  (a) * * *
          * * * * * * *
  [(k)] (j) Extension in Case of Certain Summonses.--
          (1) In general.--If any designated summons is issued 
        by the Secretary with respect to any return of tax by a 
        corporation, the running of any period of limitations 
        provided in section 6501 on the assessment of such tax 
        shall be suspended--
                  (A) * * *
          * * * * * * *
  [(l)] (k) Cross references.--
          * * * * * * *

                          CHAPTER 67--INTEREST

          * * * * * * *

                Subchapter A--Interest on Underpayments

          * * * * * * *

SEC. 6601. INTEREST ON UNDERPAYMENT, NONPAYMENT, OR EXTENSIONS OF TIME 
                    FOR PAYMENT, OF TAX.

  (a) * * *
          * * * * * * *
  (j) 4-percent Rate on Certain Portion of Estate Tax Extended 
Under Section 6166.--
          (1) * * *
          (2) 4-percent portion.--For purposes of this 
        subsection, the term ``4-percent portion'' means the 
        lesser of--
                  (A) [$345,800] the applicable limitation 
                amount reduced by the amount of the credit 
                allowable under section 2010(a); or
                  (B) the amount of the tax imposed by chapter 
                11 which is extended as provided in section 
                6166.
          (3) Applicable limitation amount.--
                  (A) In general.--For purposes of paragraph 
                (2), the applicable limitation amount is the 
                amount of the tentative tax which would be 
                determined under the rate schedule set forth in 
                section 2001(c) if the amount with respect to 
                which such tentative tax is to be computed were 
                $1,000,000.
                  (B) Inflation adjustment.--In the case of 
                estates of decedents dying in a calendar year 
                after 1998, the $1,000,000 amount contained in 
                subparagraph (A) shall be increased by an 
                amount equal to--
                          (i) $1,000,000, multiplied by
                          (ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for 
                        such calendar year by substituting 
                        ``calendar year 1997'' for ``calendar 
                        year 1992'' in subparagraph (B) 
                        thereof.
                If any amount as adjusted under the preceding 
                sentence is not a multiple of $10,000, such 
                amount shall be rounded to the nearest multiple 
                of $10,000.
          [(3)] (4) Treatment of payments.--If the amount of 
        tax imposed by chapter 11 which is extended as provided 
        in section 6166 exceeds the 4-percent portion, any 
        payment of a portion of such amount shall, for purposes 
        of computing interest for periods after such payment, 
        be treated as reducing the 4-percent portion by an 
        amount which bears the same ratio to the amount of such 
        payment as the amount of the 4-percent portion 
        (determined without regard to this paragraph) bears to 
        the amount of the tax which is extended as provided in 
        section 6166.
          * * * * * * *

 Subchapter C--Determination of Interest Rate; Compounding of Interest

          * * * * * * *

SEC. 6621. DETERMINATION OF RATE OF INTEREST.

  (a) * * *
          * * * * * * *
  (c) Increase in Underpayment Rate for Large Corporate 
Underpayments.--
          (1) * * *
          (2) Applicable rate.--For purposes of this 
        subsection--
                  (A) In general.--The applicable date is the 
                30th day after the earlier of--
                          (i) the date on which the 1st letter 
                        of proposed deficiency which allows the 
                        taxpayer an opportunity for 
                        administrative review in the Internal 
                        Revenue Service Office of Appeals is 
                        sent, or
                          (ii) the date on which the deficiency 
                        notice under section 6212 is sent.
                The preceding sentence shall be applied without 
                regard to any such letter or notice which is 
                withdrawn by the Secretary.
                  (B) Special rules.--
                          (i) Nondeficiency procedures.--In the 
                        case of any underpayment of any tax 
                        imposed by [this subtitle] this title 
                        to which the deficiency procedures do 
                        not apply, subparagraph (A) shall be 
                        applied by taking into account any 
                        letter or notice provided by the 
                        Secretary which notifies the taxpayer 
                        of the assessment or proposed 
                        assessment of the tax.
          * * * * * * *

 CHAPTER 68--ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE 
                               PENALTIES

          * * * * * * *

       Subchapter A--Additions to the Tax and Additional Amounts

          * * * * * * *

                       PART I--GENERAL PROVISIONS
        Sec. 6651. Failure to file tax return or pay taxes.
     * * * * * * *
        [Sec. 6662. Applicable rules.]
          * * * * * * *

                   Subchapter B--Assessable Penalites

          * * * * * * *
                       PART I--GENERAL PROVISIONS
        Sec. 6671. Rules for application of assessable penalties.
     * * * * * * *
        Sec. [6714.] 6715. Dyed fuel sold for use or used in taxable 
                  use, etc.
          * * * * * * *

SEC. 6655. FAILURE BY CORPORATION TO PAY ESTIMATED INCOME TAX.

  (a) * * *
          * * * * * * *
  (g) Definitions and Special Rules.--
          (1) * * *
          * * * * * * *
          (3) Certain tax-exempt organizations.--For purposes 
        of this section--
                  (A) * * *
          * * * * * * *
                  (C) Any reference to taxable income shall be 
                treated as including a reference to unrelated 
                business taxable income or net investment 
                income (as the case may be).
In the case of any organization described in subparagraph (A), 
subsection (b)(2)(A) shall be applied by substituting ``5th 
month'' for ``3rd month''[, and, except in the case of an 
election under subsection (e)(2)(C), subsection (e)(2)(A) shall 
be applied by substituting ``2 months'' for ``3 months'' and in 
clause (i)(I), by substituting ``4 months'' for ``5 months'' in 
clause (i)(II), by substituting ``7 months'' for ``8 months'' 
in clause (i)(III), and by substituting ``10 months'' for ``11 
months'' in clause (i)(IV).], subsection (e)(2)(A) shall be 
applied by substituting ``2 months'' for ``3 months'' in clause 
(i)(I), the election under clause (i) of subsection (e)(2)(C) 
may be made separately for each installment, and clause (ii) of 
subsection (e)(2)(C) shall not apply.
          * * * * * * *

                   Subchapter B--Assessable Penalties

                       PART I--GENERAL PROVISIONS

          * * * * * * *

SEC. [6714.] 6715. DYED FUEL SOLD FOR USE OR USED IN TAXABLE USE, ETC.
  (a) Imposition of penalty.--If--
          (1) any dyed fuel is sold or held for sale by any 
        person for any use which such person knows or has 
        reason to know is not a nontaxable use of such fuel,
          * * * * * * *

     PART II--FAILURE TO COMPLY WITH CERTAIN INFORMATION REPORTING 
                              REQUIREMENTS

          * * * * * * *

SEC. 6724. WAIVER; DEFINITIONS AND SPECIAL RULES.

  (a) * * *
          * * * * * * *
  (d) Definitions.--For purposes of this part--
          (1) Information return.--The term ``information 
        return'' means--
                  (A) * * *
                  (B) any return required by--
                          (i) * * *
          * * * * * * *
                          (ix) section 6050Q (relating to 
                        certain long-term care benefits),
                          [(ix)] (x) section 6052(a) (relating 
                        to reporting payment of wages in the 
                        form of group-life insurance),
                          [(x)] (xi) section 6053(c)(1) 
                        (relating to reporting with respect to 
                        certain tips),
                          [(xi)] (xii) subsection (b) or (e) of 
                        section 1060(b) (relating to reporting 
                        requirements of transferors and 
                        transferees in certain asset 
                        acquisitions),
                          [(xii)] (xiii) subparagraph (A) or 
                        (C) of subsection (c)(4), or section 
                        4093 (relating to information reporting 
                        with respect to tax on diesel and 
                        aviation fuels), [or]
                          [(xiii)] (xiv) section 4101(d) 
                        (relating to information reporting with 
                        respect to fuels taxes)[.], or
                          [(xiv)] (xv) subparagraph (C) of 
                        section 338(h)(10) (relating to 
                        information required to be furnished to 
                        the Secretary in case of elective 
                        recognition of gain or loss).
        Such term also includes any form, statement, or 
        schedule required to be filed with the Secretary with 
        respect to any amount from which tax was required to be 
        deducted and withheld under chapter 3 (or from which 
        tax would be required to be so deducted and withheld 
        but for an exemption under this title or any treaty 
        obligation of the United States).
          (2) Payee statement.--The term ``payee statement'' 
        means any statement required to be furnished under--
                  (A) * * *
          * * * * * * *
                  (Q) section 6050Q(b) (relating to certain 
                long-term care benefits),
                  [(Q)] (R) section 6051 (relating to receipts 
                for employees),
                  [(R)] (S) section 6052(b) (relating to 
                returns regarding payment of wages in the form 
                of group-term life insurance),
                  [(S)] (T) section 6053(b) or (c) (relating to 
                reports of tips), or
                  [(T)] (U) section 4093(c)(4)(B) (relating to 
                certain purchasers of diesel and aviation 
                fuels).
        Such term also includes any form, statement, or 
        schedule required to be furnished to the recipient of 
        any amount from which tax was required to be deducted 
        and withheld under chapter 3 (or from which tax would 
        be required to be so deducted and withheld but for an 
        exemption under this title or any treaty obligation of 
        the United States).
          (3) Specified information reporting requirement.--The 
        term ``specified information reporting requirement'' 
        means--
                  (A) * * *
          * * * * * * *
                  (E) any requirement under [section 6109(f)] 
                section 6109(h) that--
                          (i) a person include on his return 
                        the name, address, and TIN of another 
                        person, or
                          (ii) a person furnish his TIN to 
                        another person.
          * * * * * * *

                 CHAPTER 72--LICENSING AND REGISTRATION

          * * * * * * *

                       Subchapter B--Registration

          * * * * * * *

SEC. 7012. CROSS REFERENCES.
          (1) * * *
          * * * * * * *
          (3) For provisions relating to registration in relation to the 
        [production or importation of gasoline] taxes on gasoline and 
        diesel fuel, see section 4101.
          [(4) For provisions relating to registration in relation to 
        the manufacture or production of lubricating oils, see section 
        4101.
          [(5)] (4) For penalty for failure to register, see section 
        7272.
          [(6)] (5) For other penalties for failure to register with 
        respect to wagering, see section 7262.
          * * * * * * *

          CHAPTER 75--CRIMES, OTHER OFFENSES, AND FORFEITURES

                          Subchapter A--Crimes

          * * * * * * *

             PART II--PENALTIES APPLICABLE TO CERTAIN TAXES
        Sec. 7231. Failure to obtain license for collection foreign 
                  items.
        Sec. 7232. Failure to register, or false statement by 
                  manufacturer or producer of gasoline, [lubricating 
                  oil,] diesel fuel, or aviation fuel.
          * * * * * * *
SEC. 7232. FAILURE TO REGISTER, OR FALSE STATEMENT BY MANUFACTURER OR 
                    PRODUCER OF GASOLINE, [LUBRICATING OIL,] DIESEL 
                    FUEL, OR AVIATION FUEL.

  Every person who fails to register as required by section 
4101, or who in connection with any purchase of gasoline, 
[lubricating oil,] diesel fuel, or aviation fuel falsely 
represents himself to be registered as provided by section 
4101, or who willfully makes any false statement in an 
application for registration under section 4101, shall, upon 
conviction thereof, be fined not more than $5,000, or 
imprisoned not more than 5 years, or both, together with the 
costs of prosecution.
          * * * * * * *

                    CHAPTER 76--JUDICIAL PROCEEDINGS

          * * * * * * *

                      Subchapter C--The Tax Court

          * * * * * * *

                           PART II--PROCEDURE

          * * * * * * *

SEC. 7454. BURDEN OF PROOF IN FRAUD, FOUNDATION MANAGER, AND TRANSFEREE 
                    CASES.

  (a) * * *
  (b) Foundation Managers.--In any proceeding involving the 
issue whether a foundation manager (as defined in section 
4946(b)) has ``knowingly'' participated in an act of self-
dealing (within the meaning of section 4941), participated in 
an investment which jeopardizes the carrying out of exempt 
purposes (within the meaning of section 4944), or agreed to the 
making of a taxable expenditure (within the meaning of section 
4945), or whether the trustee of a trust described in section 
501(c)(21) has ``knowingly'' participated in an act of self-
dealing (within the meaning of section 4951) or agreed to the 
making of a taxable expenditure (within the meaning of section 
4952), or whether an organization manager (as defined in 
[section 4955(e)(2)] section 4955(f)(2)) has ``knowingly'' 
agreed to the making of a political expenditure (within the 
meaning of section 4955), or whether an organization manager 
(as defined in section 4912(d)(2)) has ``knowingly'' agreed to 
the making of disqualifying lobbying expenditures within the 
meaning of section 4912(b), the burden of proof in respect of 
such issue shall be upon the Secretary.
          * * * * * * *

                  CHAPTER 77--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 7518. TAX INCENTIVES RELATING TO MERCHANT MARINE CAPITAL 
                    CONSTRUCTION FUNDS.

  (a) * * *
          * * * * * * *
  (g) Tax Treatment of Nonqualified Withdrawals.--
          (1) * * *
          * * * * * * *
          (6) Nonqualified withdrawals taxed at highest 
        marginal rate.--
                  (A) In general.--In the case of any taxable 
                year for which there is a nonqualified 
                withdrawal (including any amount so treated 
                under paragraph (5)), the tax imposed by 
                chapter 1 shall be determined--
                          (i) by excluding such withdrawal from 
                        gross income, and
                          (ii) by increasing the tax imposed by 
                        chapter 1 by the product of the amount 
                        of such withdrawal and the highest rate 
                        of tax specified in section 1 (section 
                        11 in the case of a corporation).
        With respect to the portion of any nonqualified 
        withdrawal made out of the capital gain account [during 
        a taxable year to which section 1(h) or 1201(a) 
        applies], the rate of tax taken into account under the 
        preceding sentence shall not exceed [28 percent (34 
        percent] 19.8 percent (25 percent in the case of a 
        corporation).
          * * * * * * *
      CHAPTER 78--DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE

                Subchapter A--Examination and Inspection

          * * * * * * *

SEC. 7611. RESTRICTIONS ON CHURCH TAX INQUIRIES AND EXAMINATIONS.

  (a) * * *
          * * * * * * *
  (h) Definitions.--For purposes of this section--
          (1) * * *
          * * * * * * *
          (7) Appropriate high-level Treasury official.--The 
        term ``[approporiate] appropriate high-level Treasury 
        official'' means the Secretary of the Treasury or any 
        delegate of the Secretary whose rank is no lower than 
        that of a principal Internal Revenue officer for an 
        internal revenue region.
          * * * * * * *

                        CHAPTER 79--DEFINITIONS
        Sec. 7701. Definitions.
     * * * * * * *
        Sec. 7702B. Treatment of long-term care insurance.
          * * * * * * *
SEC. 7702B. TREATMENT OF LONG-TERM CARE INSURANCE.

  (a) In General.--For purposes of this title--
          (1) a long-term care insurance contract shall be 
        treated as an accident and health insurance contract,
          (2) amounts (other than policyholder dividends, as 
        defined in section 808, or premium refunds) received 
        under a long-term care insurance contract shall be 
        treated as amounts received for personal injuries and 
        sickness and shall be treated as reimbursement for 
        expenses actually incurred for medical care (as defined 
        in section 213(d)),
          (3) any plan of an employer providing coverage under 
        a long-term care insurance contract shall be treated as 
        an accident and health plan with respect to such 
        coverage,
          (4) except as provided in subsection (d)(3), amounts 
        paid for a long-term care insurance contract providing 
        the benefits described in subsection (b)(2)(A) shall be 
        treated as payments made for insurance for purposes of 
        section 213(d)(1)(D), and
          (5) a long-term care insurance contract shall be 
        treated as a guaranteed renewable contract subject to 
        the rules of section 816(e).
  (b) Long-Term Care Insurance Contract.--For purposes of this 
title--
          (1) In general.--The term ``long-term care insurance 
        contract'' means any insurance contract if--
                  (A) the only insurance protection provided 
                under such contract is coverage of qualified 
                long-term care services,
                  (B) such contract does not pay or reimburse 
                expenses incurred for services or items to the 
                extent that such expenses are reimbursable 
                under title XVIII of the Social Security Act or 
                would be so reimbursable but for the 
                application of a deductible or coinsurance 
                amount,
                  (C) such contract is guaranteed renewable,
                  (D) such contract does not provide for a cash 
                surrender value or other money that can be--
                          (i) paid, assigned, or pledged as 
                        collateral for a loan, or
                          (ii) borrowed,
                other than as provided in subparagraph (E) or 
                paragraph (2)(C), and
                  (E) all refunds of premiums, and all 
                policyholder dividends or similar amounts, 
                under such contract are to be applied as a 
                reduction in future premiums or to increase 
                future benefits.
          (2) Special rules.--
                  (A) Per diem, etc. payments permitted.--A 
                contract shall not fail to be described in 
                subparagraph (A) or (B) of paragraph (1) by 
                reason of payments being made on a per diem or 
                other periodic basis without regard to the 
                expenses incurred during the period to which 
                the payments relate.
                  (B) Special rules relating to medicare.--
                          (i) Paragraph (1)(B) shall not apply 
                        to expenses which are reimbursable 
                        under title XVIII of the Social 
                        Security Act only as a secondary payor.
                          (ii) No provision of law shall be 
                        construed or applied so as to prohibit 
                        the offering of a long-term care 
                        insurance contract on the basis that 
                        the contract coordinates its benefits 
                        with those provided under such title.
                  (C) Refunds of premiums.--Paragraph (1)(E) 
                shall not apply to any refund on the death of 
                the insured, or on a complete surrender or 
                cancellation of the contract, which cannot 
                exceed the aggregate premiums paid under the 
                contract. Any refund on a complete surrender or 
                cancellation of the contract shall be 
                includible in gross income to the extent that 
                any deduction or exclusion was allowable with 
                respect to the premiums.
  (c) Qualified Long-Term Care Services.--For purposes of this 
section--
          (1) In general.--The term ``qualified long-term care 
        services'' means necessary diagnostic, preventive, 
        therapeutic, curing, treating, mitigating, and 
        rehabilitative services, and maintenance or personal 
        care services, which--
                  (A) are required by a chronically ill 
                individual, and
                  (B) are provided pursuant to a plan of care 
                prescribed by a licensed health care 
                practitioner.
          (2) Chronically ill individual.--
                  (A) In general.--The term ``chronically ill 
                individual'' means any individual who has been 
                certified by a licensed health care 
                practitioner as--
                          (i) being unable to perform (without 
                        substantial assistance from another 
                        individual) at least 2 activities of 
                        daily living for a period of at least 
                        90 days due to a loss of functional 
                        capacity or to cognitive impairment, or
                          (ii) having a level of disability 
                        similar (as determined by the Secretary 
                        in consultation with the Secretary of 
                        Health and Human Services) to the level 
                        of disability described in clause (i).
                Such term shall not include any individual 
                otherwise meeting the requirements of the 
                preceding sentence unless within the preceding 
                12-month period a licensed health care 
                practitioner has certified that such individual 
                meets such requirements.
                  (B) Activities of daily living.--For purposes 
                of subparagraph (A), each of the following is 
                an activity of daily living:
                          (i) Eating.
                          (ii) Toileting.
                          (iii) Transferring.
                          (iv) Bathing.
                          (v) Dressing.
                          (vi) Continence.
                Nothing in this section shall be construed to 
                require a contract to take into account all of 
                the preceding activities of daily living.
          (3) Maintenance or personal care services.--The term 
        ``maintenance or personal care services'' means any 
        care the primary purpose of which is the provision of 
        needed assistance with any of the disabilities as a 
        result of which the individual is a chronically ill 
        individual (including the protection from threats to 
        health and safety due to severe cognitive impairment).
          (4) Licensed health care practitioner.--The term 
        ``licensed health care practitioner'' means any 
        physician (as defined in section 1861(r)(1) of the 
        Social Security Act) and any registered professional 
        nurse, licensed social worker, or other individual who 
        meets such requirements as may be prescribed by the 
        Secretary.
  (d) Treatment of Coverage Provided as Part of a Life 
Insurance Contract.--Except as otherwise provided in 
regulations prescribed by the Secretary, in the case of any 
long-term care insurance coverage (whether or not qualified) 
provided by a rider on a life insurance contract--
          (1) In general.--This section shall apply as if the 
        portion of the contract providing such coverage is a 
        separate contract.
          (2) Application of 7702.--Section 7702(c)(2) 
        (relating to the guideline premium limitation) shall be 
        applied by increasing the guideline premium limitation 
        with respect to a life insurance contract, as of any 
        date--
                  (A) by the sum of any charges (but not 
                premium payments) against the life insurance 
                contract's cash surrender value (within the 
                meaning of section 7702(f)(2)(A)) for such 
                coverage made to that date under the contract, 
                less
                  (B) any such charges the imposition of which 
                reduces the premiums paid for the contract 
                (within the meaning of section 7702(f)(1)).
          (3) Application of section 213.--No deduction shall 
        be allowed under section 213(a) for charges against the 
        life insurance contract's cash surrender value 
        described in paragraph (2), unless such charges are 
        includible in income as a result of the application of 
        section 72(e)(10) and the rider is a long-term care 
        insurance contract under subsection (b).
          (4) Portion defined.--For purposes of this 
        subsection, the term ``portion'' means only the terms 
        and benefits under a life insurance contract that are 
        in addition to the terms and benefits under the 
        contract without regard to the coverage under a long-
        term care insurance contract.
          * * * * * * *

                       CHAPTER 80--GENERAL RULES

          * * * * * * *

       Subchapter C--Provisions Affecting More Than One Subtitle

          * * * * * * *

SEC. 7872. TREATMENT OF LOANS WITH BELOW-MARKET INTEREST RATES.

  (a) Treatment of Gift Loans and Demand Loans.--
          (1) In general.--For purposes of this title, in the 
        case of any below-market loan to which this section 
        applies and which is a gift loan or a demand loan, the 
        [foregone] forgone interest shall be treated as--
                  (A) transferred from the lender to the 
                borrower, and
                  (B) retransferred by the borrower to the 
                lender as interest.
          (2) Time when transfers made.--Except as otherwise 
        provided in regulations prescribed by the Secretary, 
        any [foregone] forgone interest attributable to periods 
        during any calendar year shall be treated as 
        transferred (and retransferred) under paragraph (1) on 
        the last day of such calendar year.
          * * * * * * *
  (e) Definitions of Below-Market Loan and [Foregone] Forgone 
Interest.--For purposes of this section--
          (1) * * *
          (2) [Foregone] Forgone interest.--The term 
        ``[foregone] forgone interest'' means, with respect to 
        any period during which the loan is outstanding, the 
        excess of--
                  (A) the amount of interest which would have 
                been payable on the loan for the period if 
                interest accrued on the loan at the applicable 
                Federal rate and were payable annually on the 
                day referred to in subsection (a)(2), over
                  (B) any interest payable on the loan properly 
                allocable to such period.
          * * * * * * *

                      Subtitle I--Trust Fund Code

                      CHAPTER 98--TRUST FUND CODE

               Subchapter A--Establishment of Trust Funds
        Sec. 9501. Black Lung Disability Trust Fund.
     * * * * * * *
        Sec. 9512. Public Debt Reduction Trust Fund.
          * * * * * * *

SEC. 9502. AIRPORT AND AIRWAY TRUST FUND.

  (a) * * *
  (b) Transfer to Airport and Airway Trust Fund of amounts 
equivalent to certain taxes.--There is hereby appropriated to 
the Airport and Airway Trust Fund--
          (1) amounts equivalent to the taxes received in the 
        Treasury after August 31, 1982, and before January 1, 
        1996, under subsections (c) and (e) of section 4041 
        (taxes on aviation fuel) and under sections 4261 and 
        4271 (taxes on transportation by air);
          (2) amounts determined by the Secretary of the 
        Treasury to be equivalent to the taxes received in the 
        Treasury after August 31, and before 1982, and before 
        January 1, 1996, under section 4081 (to the extent of 
        14 cents per gallon), with respect to gasoline used in 
        aircraft;
          * * * * * * *
SEC. 9512. PUBLIC DEBT REDUCTION TRUST FUND.

  (a) Creation of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``Public Debt Reduction Trust Fund'', consisting of any amount 
appropriated or credited to the Trust Fund as provided in this 
section or section 9602(b).
  (b) Transfers to Trust Fund.--There are hereby appropriated 
to the Public Debt Reduction Trust Fund amounts equivalent to 
the amounts designated under section 6097 (relating to 
designation for public debt reduction).
  (c) Expenditures.--Amounts in the Public Debt Reduction Trust 
Fund shall be used by the Secretary of the Treasury for 
purposes of paying at maturity, or to redeem or buy before 
maturity, any obligation of the Federal Government included in 
the public debt (other than an obligation held by the Federal 
Old-Age and Survivors Insurance Trust Fund, the Civil Service 
Retirement and Disability Fund, or the Department of Defense 
Military Retirement Fund). Any obligation which is paid, 
redeemed, or bought with amounts from the Public Debt Reduction 
Trust Fund shall be canceled and retired and may not be 
reissued.
          * * * * * * *

               Subtitle J--Coal Industry Health Benefits

               CHAPTER 99--COAL INDUSTRY HEALTH BENEFITS

          * * * * * * *

                  Subchapter B--Combined Benefit Fund

          * * * * * * *

                         PART III--ENFORCEMENT

          * * * * * * *

SEC. 9707. FAILURE TO PAY PREMIUM.

  (a) * * *
          * * * * * * *
  (d) Limitations on Amount of Penalty.--
          (1) In general.--No penalty shall be imposed by 
        subsection (a) on any failure during any period for 
        which it is established to the satisfaction of the 
        Secretary of the Treasury that none of the persons 
        responsible for such failure knew, or exercising 
        reasonable diligence[,] would have known, that such 
        failure existed.
          * * * * * * *
                              ----------                              

         SECTION 121 OF THE SOCIAL SECURITY AMENDMENTS OF 1983

SEC. 121. TAXATION OF SOCIAL SECURITY AND TIER 1 RAILROAD RETIREMENT 
                    BENEFITS.

    (a) * * *
          * * * * * * *
    (e) Transfers to Trust Funds.--
          (1) In general.--[(A)] There are hereby appropriated 
        to each payor fund amounts equivalent to [(i)] the 
        aggregate increase in tax liabilities under chapter 1 
        of the Internal Revenue Code of 1986 which is 
        attributable to the application of sections 86 and 
        871(a)(3) of such Code (as added by this section) to 
        payments from such payor fund [, less (ii) the amounts 
        equivalent to the aggregate increase in tax liabilities 
        under chapter 1 of the Internal Revenue Code of 1986 
        which is attributable to the amendments to section 86 
        of such Code made by section 13215 of the Revenue 
        Reconciliation Act of 1993.
          [(B) There are hereby appropriated to the hospital 
        insurance trust fund amounts equal to the increase in 
        tax liabilities described in subparagraph (A)(ii). Such 
        appropriated amounts shall be transferred from the 
        general fund of the Treasury on the basis of estimates 
        of such tax liabilities made by the Secretary of the 
        Treasury. Transfers shall be made pursuant to a 
        schedule made by the Secretary of the Treasury that 
        takes into account estimated timing of collection of 
        such liabilities].
          (2) Transfers.--The amounts appropriated by paragraph 
        (1)[(A)] to any payor fund shall be transferred from 
        time to time (but not less frequently than quarterly) 
        from the general fund of the Treasury on the basis of 
        estimates made by the Secretary of the Treasury of the 
        amounts referred to in such paragraph. Any such 
        quarterly payment shall be made on the first day of 
        such quarter and shall take into account social 
        security benefits estimated to be received during such 
        quarter. Proper adjustments shall be made in the 
        amounts subsequently transferred to the extent prior 
        estimates were in excess of or less than the amounts 
        required to be transferred.
          (3) Definitions.--For purposes of this subsection--
                  (A) Payor fund.--The term ``payor fund'' 
                means any trust fund or account from which 
                payments of social security benefits are made.
                  [(B) Hospital insurance trust fund.--The term 
                ``hospital insurance trust fund'' means the 
                fund established pursuant to section 1817 of 
                the Social Security Act''.
                  [(C)] Social security benefits.--The term 
                ``social security benefits'' has the meaning 
                given such term by section 86(d)(1) of the 
                Internal Revenue Code of 1954.
          * * * * * * *
                              ----------                              

                   REVENUE RECONCILIATION ACT OF 1993

          * * * * * * *

  TITLE XIII--REVENUE, HEALTH CARE, HUMAN RESOURCES, INCOME SECURITY, 
   CUSTOMS AND TRADE, FOOD STAMP PROGRAM, AND TIMBER SALE PROVISIONS

                     CHAPTER 1--REVENUE PROVISIONS

SEC. 13001. SHORT TITLE; ETC.

  (a) Short Title.--This chapter may be cited as the ``Revenue 
Reconciliation Act of 1993''.
          * * * * * * *

                     CHAPTER 1--REVENUE PROVISIONS

          * * * * * * *

            Subchapter A--Training and Investment Incentives

          * * * * * * *

                     PART II--INVESTMENT INCENTIVES

          * * * * * * *

                   Subpart B--Capital Gain Provisions

[SEC. 13113. 50-PERCENT EXCLUSION FOR GAIN FROM CERTAIN SMALL BUSINESS 
                    STOCK.

  [(a) General Rule.--Part I of subchapter P of chapter 1 
(relating to capital gains and losses) is amended by adding at 
the end thereof the following new section:

[``SEC. 1202. 50-PERCENT EXCLUSION FOR GAIN FROM CERTAIN SMALL BUSINESS 
                    STOCK.

  [``(a) 50-Percent Exclusion.--In the case of a taxpayer other 
than a corporation, gross income shall not include 50 percent 
of any gain from the sale or exchange of qualified small 
business stock held for more than 5 years.
  [``(b) Per-Issuer Limitation on Taxpayer's Eligible Gain.--
          [``(1) In general.--If the taxpayer has eligible gain 
        for the taxable year from 1 or more dispositions of 
        stock issued by any corporation, the aggregate amount 
        of such gain from dispositions of stock issued by such 
        corporation which may be taken into account under 
        subsection (a) for the taxable year shall not exceed 
        the greater of--
                  [``(A) $10,000,000 reduced by the aggregate 
                amount of eligible gain taken into account by 
                the taxpayer under subsection (a) for prior 
                taxable years and attributable to dispositions 
                of stock issued by such corporation, or
                  [``(B) 10 times the aggregate adjusted bases 
                of qualified small business stock issued by 
                such corporation and disposed of by the 
                taxpayer during the taxable year.
        For purposes of subparagraph (B), the adjusted basis of 
        any stock shall be determined without regard to any 
        addition to basis after the date on which such stock 
        was originally issued.
          [``(2) Eligible gain.--For purposes of this 
        subsection, the term `eligible gain' means any gain 
        from the sale or exchange of qualified small business 
        stock held for more than 5 years.
          [``(3) Treatment of married individuals.--
                  [``(A) Separate returns.--In the case of a 
                separate return by a married individual, 
                paragraph (1)(A) shall be applied by 
                substituting `$5,000,000' for `$10,000,000'.
                  [``(B) Allocation of exclusion.--In the case 
                of any joint return, the amount of gain taken 
                into account under subsection (a) shall be 
                allocated equally between the spouses for 
                purposes of applying this subsection to 
                subsequent taxable years.
                  [``(C) Marital status.--For purposes of this 
                subsection, marital status shall be determined 
                under section 7703.
  [``(c) Qualified Small Business Stock.--For purposes of this 
section--
          [``(1) In general.--Except as otherwise provided in 
        this section, the term `qualified small business stock' 
        means any stock in a C corporation which is originally 
        issued after the date of the enactment of the Revenue 
        Reconciliation Act of 1993, if--
                  [``(A) as of the date of issuance, such 
                corporation is a qualified small business, and
                  [``(B) except as provided in subsections (f) 
                and (h), such stock is acquired by the taxpayer 
                at its original issue (directly or through an 
                underwriter)--
                          [``(i) in exchange for money or other 
                        property (not including stock), or
                          [``(ii) as compensation for services 
                        provided to such corporation (other 
                        than services performed as an 
                        underwriter of such stock).
          [``(2) Active business requirement; etc.--
                  [``(A) In general.--Stock in a corporation 
                shall not be treated as qualified small 
                business stock unless, during substantially all 
                of the taxpayer's holding period for such 
                stock, such corporation meets the active 
                business requirements of subsection (e) and 
                such corporation is a C corporation.
                  [``(B) Special rule for certain small 
                business investment companies.--
                          [``(i) Waiver of active business 
                        requirement.--Notwithstanding any 
                        provision of subsection (e), a 
                        corporation shall be treated as meeting 
                        the active business requirements of 
                        such subsection for any period during 
                        which such corporation qualifies as a 
                        specialized small business investment 
                        company.
                          [``(ii) Specialized small business 
                        investment company.--For purposes of 
                        clause (i), the term `specialized small 
                        business investment company' means any 
                        eligible corporation (as defined in 
                        subsection (e)(4)) which is licensed to 
                        operate under section 301(d) of the 
                        Small Business Investment Act of 1958 
                        (as in effect on May 13, 1993).
          [``(3) Certain purchases by corporation of its own 
        stock.--
                  [``(A) Redemptions from taxpayer or related 
                person.--Stock acquired by the taxpayer shall 
                not be treated as qualified small business 
                stock if, at any time during the 4-year period 
                beginning on the date 2 years before the 
                issuance of such stock, the corporation issuing 
                such stock purchased (directly or indirectly) 
                any of its stock from the taxpayer or from a 
                person related (within the meaning of section 
                267(b) or 707(b)) to the taxpayer.
                  [``(B) Significant redemptions.--Stock issued 
                by a corporation shall not be treated as 
                qualified business stock if, during the 2-year 
                period beginning on the date 1 year before the 
                issuance of such stock, such corporation made 1 
                or more purchases of its stock with an 
                aggregate value (as of the time of the 
                respective purchases) exceeding 5 percent of 
                the aggregate value of all of its stock as of 
                the beginning of such 2-year period.
                  [``(C) Treatment of certain transactions.--If 
                any transaction is treated under section 304(a) 
                as a distribution in redemption of the stock of 
                any corporation, for purposes of subparagraphs 
                (A) and (B), such corporation shall be treated 
                as purchasing an amount of its stock equal to 
                the amount treated as such a distribution under 
                section 304(a).
  [``(d) Qualified Small Business.--For purposes of this 
section--
          [``(1) In general.--The term `qualified small 
        business' means any domestic corporation which is a C 
        corporation if--
                  [``(A) the aggregate gross assets of such 
                corporation (or any predecessor thereof) at all 
                times on or after the date of the enactment of 
                the Revenue Reconciliation Act of 1993 and 
                before the issuance did not exceed $50,000,000,
                  [``(B) the aggregate gross assets of such 
                corporation immediately after the issuance 
                (determined by taking into account amounts 
                received in the issuance) do not exceed 
                $50,000,000, and
                  [``(C) such corporation agrees to submit such 
                reports to the Secretary and to shareholders as 
                the Secretary may require to carry out the 
                purposes of this section.
          [``(2) Aggregate gross assets.--
                  [``(A) In general.--For purposes of paragraph 
                (1), the term `aggregate gross assets' means 
                the amount of cash and the aggregate adjusted 
                bases of other property held by the 
                corporation.
                  [``(B) Treatment of contributed property.--
                For purposes of subparagraph (A), the adjusted 
                basis of any property contributed to the 
                corporation (or other property with a basis 
                determined in whole or in part by reference to 
                the adjusted basis of property so contributed) 
                shall be determined as if the basis of the 
                property contributed to the corporation 
                (immediately after such contribution) were 
                equal to its fair market value as of the time 
                of such contribution.
          [``(3) Aggregation rules.--
                  [``(A) In general.--All corporations which 
                are members of the same parent-subsidiary 
                controlled group shall be treated as 1 
                corporation for purposes of this subsection.
                  [``(B) Parent-subsidiary controlled group.--
                For purposes of subparagraph (A), the term 
                `parent-subsidiary controlled group' means any 
                controlled group of corporations as defined in 
                section 1563(a)(1), except that--
                          [``(i) `more than 50 percent' shall 
                        be substituted for `at least 80 
                        percent' each place it appears in 
                        section 1563(a)(1), and
                          [``(ii) section 1563(a)(4) shall not 
                        apply.
  [``(e) Active Business Requirement.--
          [``(1) In general.--For purposes of subsection 
        (c)(2), the requirements of this subsection are met by 
        a corporation for any period if during such period--
                  [``(A) at least 80 percent (by value) of the 
                assets of such corporation are used by such 
                corporation in the active conduct of 1 or more 
                qualified trades or businesses, and
                  [``(B) such corporation is an eligible 
                corporation.
          [``(2) Special rule for certain activities.--For 
        purposes of paragraph (1), if, in connection with any 
        future qualified trade or business, a corporation is 
        engaged in--
                  [``(A) start-up activities described in 
                section 195(c)(1)(A),
                  [``(B) activities resulting in the payment or 
                incurring of expenditures which may be treated 
                as research and experimental expenditures under 
                section 174, or
                  [``(C) activities with respect to in-house 
                research expenses described in section 
                41(b)(4),
        assets used in such activities shall be treated as used 
        in the active conduct of a qualified trade or business. 
        Any determination under this paragraph shall be made 
        without regard to whether a corporation has any gross 
        income from such activities at the time of the 
        determination.
          [``(3) Qualified trade or business.--For purposes of 
        this subsection, the term `qualified trade or business' 
        means any trade or business other than--
                  [``(A) any trade or business involving the 
                performance of services in the fields of 
                health, law, engineering, architecture, 
                accounting, actuarial science, performing arts, 
                consulting, athletics, financial services, 
                brokerage services, or any trade or business 
                where the principal asset of such trade or 
                business is the reputation or skill of 1 or 
                more of its employees,
                  [``(B) any banking, insurance, financing, 
                leasing, investing, or similar business,
                  [``(C) any farming business (including the 
                business of raising or harvesting trees),
                  [``(D) any business involving the production 
                or extraction of products of a character with 
                respect to which a deduction is allowable under 
                section 613 or 613A, and
                  [``(E) any business of operating a hotel, 
                motel, restaurant, or similar business.
          [``(4) Eligible corporation.--For purposes of this 
        subsection, the term `eligible corporation' means any 
        domestic corporation; except that such term shall not 
        include--
                  [``(A) a DISC or former DISC,
                  [``(B) a corporation with respect to which an 
                election under section 936 is in effect or 
                which has a direct or indirect subsidiary with 
                respect to which such an election is in effect,
                  [``(C) a regulated investment company, real 
                estate investment trust, or REMIC, and
                  [``(D) a cooperative.
          [``(5) Stock in other corporations.--
                  [``(A) Look-thru in case of subsidiaries.--
                For purposes of this subsection, stock and debt 
                in any subsidiary corporation shall be 
                disregarded and the parent corporation shall be 
                deemed to own its ratable share of the 
                subsidiary's assets, and to conduct its ratable 
                share of the subsidiary's activities.
                  [``(B) Portfolio stock or securities.--A 
                corporation shall be treated as failing to meet 
                the requirements of paragraph (1) for any 
                period during which more than 10 percent of the 
                value of its assets (in excess of liabilities) 
                consists of stock or securities in other 
                corporations which are not subsidiaries of such 
                corporation (other than assets described in 
                paragraph (6)).
                  [``(C) Subsidiary.--For purposes of this 
                paragraph, a corporation shall be considered a 
                subsidiary if the parent owns more than 50 
                percent of the combined voting power of all 
                classes of stock entitled to vote, or more than 
                50 percent in value of all outstanding stock, 
                of such corporation.
          [``(6) Working capital.--For purposes of paragraph 
        (1)(A), any assets which--
                  [``(A) are held as a part of the reasonably 
                required working capital needs of a qualified 
                trade or business of the corporation, or
                  [``(B) are held for investment and are 
                reasonably expected to be used within 2 years 
                to finance research and experimentation in a 
                qualified trade or business or increases in 
                working capital needs of a qualified trade or 
                business,
        shall be treated as used in the active conduct of a 
        qualified trade or business. For periods after the 
        corporation has been in existence for at least 2 years, 
        in no event may more than 50 percent of the assets of 
        the corporation qualify as used in the active conduct 
        of a qualified trade or business by reason of this 
        paragraph.
          [``(7) Maximum real estate holdings.--A corporation 
        shall not be treated as meeting the requirements of 
        paragraph (1) for any period during which more than 10 
        percent of the total value of its assets consists of 
        real property which is not used in the active conduct 
        of a qualified trade or business. For purposes of the 
        preceding sentence, the ownership of, dealing in, or 
        renting of real property shall not be treated as the 
        active conduct of a qualified trade or business.
          [``(8) Computer software royalties.--For purposes of 
        paragraph (1), rights to computer software which 
        produces active business computer software royalties 
        (within the meaning of section 543(d)(1)) shall be 
        treated as an asset used in the active conduct of a 
        trade or business.
  [``(f) Stock Acquired on Conversion of Other Stock.--If any 
stock in a corporation is acquired solely through the 
conversion of other stock in such corporation which is 
qualified small business stock in the hands of the taxpayer--
          [``(1) the stock so acquired shall be treated as 
        qualified small business stock in the hands of the 
        taxpayer, and
          [``(2) the stock so acquired shall be treated as 
        having been held during the period during which the 
        converted stock was held.
  [``(g) Treatment of Pass-Thru Entities.--
          [``(1) In general.--If any amount included in gross 
        income by reason of holding an interest in a pass-thru 
        entity meets the requirements of paragraph (2)--
                  [``(A) such amount shall be treated as gain 
                described in subsection (a), and
                  [``(B) for purposes of applying subsection 
                (b), such amount shall be treated as gain from 
                a disposition of stock in the corporation 
                issuing the stock disposed of by the pass-thru 
                entity and the taxpayer's proportionate share 
                of the adjusted basis of the pass-thru entity 
                in such stock shall be taken into account.
          [``(2) Requirements.--An amount meets the 
        requirements of this paragraph if--
                  [``(A) such amount is attributable to gain on 
                the sale or exchange by the pass-thru entity of 
                stock which is qualified small business stock 
                in the hands of such entity (determined by 
                treating such entity as an individual) and 
                which was held by such entity for more than 5 
                years, and
                  [``(B) such amount is includible in the gross 
                income of the taxpayer by reason of the holding 
                of an interest in such entity which was held by 
                the taxpayer on the date on which such pass-
                thru entity acquired such stock and at all 
                times thereafter before the disposition of such 
                stock by such pass-thru entity.
          [``(3) Limitation based on interest originally held 
        by taxpayer.--Paragraph (1) shall not apply to any 
        amount to the extent such amount exceeds the amount to 
        which paragraph (1) would have applied if such amount 
        were determined by reference to the interest the 
        taxpayer held in the pass-thru entity on the date the 
        qualified small business stock was acquired.
          [``(4) Pass-thru entity.--For purposes of this 
        subsection, the term `pass-thru entity' means--
                  [``(A) any partnership,
                  [``(B) any S corporation,
                  [``(C) any regulated investment company, and
                  [``(D) any common trust fund.
  [``(h) Certain Tax-Free and Other Transfers.--For purposes of 
this section--
          [``(1) In general.--In the case of a transfer 
        described in paragraph (2), the transferee shall be 
        treated as--
                  [``(A) having acquired such stock in the same 
                manner as the transferor, and
                  [``(B) having held such stock during any 
                continuous period immediately preceding the 
                transfer during which it was held (or treated 
                as held under this subsection) by the 
                transferor.
          [``(2) Description of transfers.--A transfer is 
        described in this subsection if such transfer is--
                  [``(A) by gift,
                  [``(B) at death, or
                  [``(C) from a partnership to a partner of 
                stock with respect to which requirements 
                similar to the requirements of subsection (g) 
                are met at the time of the transfer (without 
                regard to the 5-year holding period 
                requirement).
          [``(3) Certain rules made applicable.--Rules similar 
        to the rules of section 1244(d)(2) shall apply for 
        purposes of this section.
          [``(4) Incorporations and reorganizations involving 
        nonqualified stock.--
                  [``(A) In general.--In the case of a 
                transaction described in section 351 or a 
                reorganization described in section 368, if 
                qualified small business stock is exchanged for 
                other stock which would not qualify as 
                qualified small business stock but for this 
                subparagraph, such other stock shall be treated 
                as qualified small business stock acquired on 
                the date on which the exchanged stock was 
                acquired.
                  [``(B) Limitation.--This section shall apply 
                to gain from the sale or exchange of stock 
                treated as qualified small business stock by 
                reason of subparagraph (A) only to the extent 
                of the gain which would have been recognized at 
                the time of the transfer described in 
                subparagraph (A) if section 351 or 368 had not 
                applied at such time. The preceding sentence 
                shall not apply if the stock which is treated 
                as qualified small business stock by reason of 
                subparagraph (A) is issued by a corporation 
                which (as of the time of the transfer described 
                in subparagraph (A)) is a qualified small 
                business.
                  [``(C) Successive application.--For purposes 
                of this paragraph, stock treated as qualified 
                small business stock under subparagraph (A) 
                shall be so treated for subsequent transactions 
                or reorganizations, except that the limitation 
                of subparagraph (B) shall be applied as of the 
                time of the first transfer to which such 
                limitation applied (determined after the 
                application of the second sentence of 
                subparagraph (B)).
                  [``(D) Control test.--In the case of a 
                transaction described in section 351, this 
                paragraph shall apply only if, immediately 
                after the transaction, the corporation issuing 
                the stock owns directly or indirectly stock 
                representing control (within the meaning of 
                section 368(c)) of the corporation whose stock 
                was exchanged.
  [``(i) Basis Rules.--For purposes of this section--
          [``(1) Stock exchanged for property.--In the case 
        where the taxpayer transfers property (other than money 
        or stock) to a corporation in exchange for stock in 
        such corporation--
                  [``(A) such stock shall be treated as having 
                been acquired by the taxpayer on the date of 
                such exchange, and
                  [``(B) the basis of such stock in the hands 
                of the taxpayer shall in no event be less than 
                the fair market value of the property 
                exchanged.
          [``(2) Treatment of contributions to capital.--If the 
        adjusted basis of any qualified small business stock is 
        adjusted by reason of any contribution to capital after 
        the date on which such stock was originally issued, in 
        determining the amount of the adjustment by reason of 
        such contribution, the basis of the contributed 
        property shall in no event be treated as less than its 
        fair market value on the date of the contribution.
  [``(j) Treatment of Certain Short Positions.--
          [``(1) In general.--If the taxpayer has an offsetting 
        short position with respect to any qualified small 
        business stock, subsection (a) shall not apply to any 
        gain from the sale or exchange of such stock unless--
                  [``(A) such stock was held by the taxpayer 
                for more than 5 years as of the first day on 
                which there was such a short position, and
                  [``(B) the taxpayer elects to recognize gain 
                as if such stock were sold on such first day 
                for its fair market value.
          [``(2) Offsetting short position.--For purposes of 
        paragraph (1), the taxpayer shall be treated as having 
        an offsetting short position with respect to any 
        qualified small business stock if--
                  [``(A) the taxpayer has made a short sale of 
                substantially identical property,
                  [``(B) the taxpayer has acquired an option to 
                sell substantially identical property at a 
                fixed price, or
                  [``(C) to the extent provided in regulations, 
                the taxpayer has entered into any other 
                transaction which substantially reduces the 
                risk of loss from holding such qualified small 
                business stock.
        For purposes of the preceding sentence, any reference 
        to the taxpayer shall be treated as including a 
        reference to any person who is related (within the 
        meaning of section 267(b) or 707(b)) to the taxpayer.
  [``(k) Regulations.--The Secretary shall prescribe such 
regulations as may be appropriate to carry out the purposes of 
this section, including regulations to prevent the avoidance of 
the purposes of this section through split-ups, shell 
corporations, partnerships, or otherwise.''
  [(b) One-Half of Exclusion Treated as Preference for Minimum 
Tax.--
          [(1) In general.--Subsection (a) of section 57 
        (relating to items of tax preference) is amended by 
        adding at the end thereof the following new paragraph:
          [``(8) Exclusion for gains on sale of certain small 
        business stock.--An amount equal to one-half of the 
        amount excluded from gross income for the taxable year 
        under section 1202.''
          [(2) Conforming amendment.--Subclause (II) of section 
        53(d)(1)(B)(ii) is amended by striking ``and (6)'' and 
        inserting ``(6), and (8)''.
  [(c) Penalty for Failure To Comply With Reporting 
Requirements.--Section 6652 is amended by inserting before the 
last subsection thereof the following new subsection:
  [``(k) Failure To Make Reports Required Under Section 1202.--
In the case of a failure to make a report required under 
section 1202(d)(1)(C) which contains the information required 
by such section on the date prescribed therefor (determined 
with regard to any extension of time for filing), there shall 
be paid (on notice and demand by the Secretary and in the same 
manner as tax) by the person failing to make such report, an 
amount equal to $50 for each report with respect to which there 
was such a failure. In the case of any failure due to 
negligence or intentional disregard, the preceding sentence 
shall be applied by substituting `$100' for `$50'. In the case 
of a report covering periods in 2 or more years, the penalty 
determined under preceding provisions of this subsection shall 
be multiplied by the number of such years.''
  [(d) Conforming Amendments.--
          [(1)(A) Section 172(d)(2) (relating to modifications 
        with respect to net operating loss deduction) is 
        amended to read as follows:
          [``(2) Capital gains and losses of taxpayers other 
        than corporations.--In the case of a taxpayer other 
        than a corporation--
                  [``(A) the amount deductible on account of 
                losses from sales or exchanges of capital 
                assets shall not exceed the amount includable 
                on account of gains from sales or exchanges of 
                capital assets; and
                  [``(B) the exclusion provided by section 1202 
                shall not be allowed.''
          [(B) Subparagraph (B) of section 172(d)(4) is amended 
        by inserting ``, (2)(B),'' after ``paragraph (1)''.
          [(2) Paragraph (4) of section 642(c) is amended to 
        read as follows:
          [``(4) Adjustments.--To the extent that the amount 
        otherwise allowable as a deduction under this 
        subsection consists of gain described in section 
        1202(a), proper adjustment shall be made for any 
        exclusion allowable to the estate or trust under 
        section 1202. In the case of a trust, the deduction 
        allowed by this subsection shall be subject to section 
        681 (relating to unrelated business income).''
          [(3) Paragraph (3) of section 643(a) is amended by 
        adding at the end thereof the following new sentence: 
        ``The exclusion under section 1202 shall not be taken 
        into account.''.
          [(4) Paragraph (4) of section 691(c) is amended by 
        striking ``1201, and 1211'' and inserting ``1201, 1202, 
        and 1211''.
          [(5) The second sentence of paragraph (2) of section 
        871(a) is amended by inserting ``such gains and losses 
        shall be determined without regard to section 1202 
        and'' after ``except that''.
          [(6) The table of sections for part I of subchapter P 
        of chapter 1 is amended by adding after the item 
        relating to section 1201 the following new item:

[``Sec. 1202. 50-percent exclusion for gain from certain small business 
          stock.''

  [(e) Effective Date.--The amendments made by this section 
shall apply to stock issued after the date of the enactment of 
this Act.]
          * * * * * * *

           PART IV--INCENTIVES FOR INVESTMENT IN REAL ESTATE

Subpart A--Extension of Qualified Mortgage Bonds and Low-Income Housing 
                                 Credit

          * * * * * * *

SEC. 13142. LOW-INCOME HOUSING CREDIT.

  (a) * * *
  (b) Modifications.--
          (1) * * *
          * * * * * * *
          (6) Effective dates.--
                  (A) * * *
                  [(B) Waiver authority and prohibited 
                discrimination.--The amendments made by 
                paragraphs (3) and (4) shall take effect on the 
                date of the enactment of this Act.]
                  (B) Full-time students, waiver authority, and 
                prohibited discrimination.--The amendments made 
                by paragraphs (2), (3), and (4) shall take 
                effect on the date of the enactment of this 
                Act.
                  (C) HOME assistance.--The amendment made by 
                [paragraph (2)] paragraph (5) shall apply to 
                periods after the date of the enactment of this 
                Act.
          * * * * * * *

                    Subchapter B--Revenue Increases

                PART I--PROVISIONS AFFECTING INDIVIDUALS
                       Subpart A--Rate Increases

          * * * * * * *

SEC. 13206. PROVISIONS TO PREVENT CONVERSION OF ORDINARY INCOME TO 
                    CAPITAL GAIN.

  (a) Interest Embedded in Financial Transactions.--
          (1) * * *
          (2) Clerical amendment.--The table of sections for 
        part IV of subchapter P of chapter 1 is amended by 
        adding at the end thereof the following new item:

``Sec. 1258. Recharacterization of gain from certain financial 
          transactions.''

          (3) Effective date.--The amendments made by [this 
        section] this subsection shall apply to conversion 
        transactions entered into after April 30, 1993.
          * * * * * * *

SEC. 13215. SOCIAL SECURITY AND TIER 1 RAILROAD RETIREMENT BENEFITS.

  (a) * * *
          * * * * * * *
  (c) Transfers to the Hospital Insurance Trust Fund.--
          (1) In general.--Paragraph (1) of section 121(e) of 
        the Social Security Amendments of 1983 ([Public Law 92-
        21] Public Law 98-21) is amended by--
                  (A) * * *
          * * * * * * *

                   PART VI--TREATMENT OF INTANGIBLES

SEC. 13261. AMORTIZATION OF GOODWILL AND CERTAIN OTHER INTANGIBLES.

  (a) * * *
          * * * * * * *
  (g) Effective Date.--
          (1) * * *
          (2) Election to have amendments apply to property 
        acquired after july 25, 1991.--
                  (A) In general.--If an election under this 
                paragraph applies to the taxpayer--
                          (i) * * *
                          (iii) in applying subsection (f)(9) 
                        of such section, with respect to any 
                        property acquired [by the taxpayer] by 
                        the taxpayer or a related person on or 
                        before the date of the enactment of 
                        this Act, only holding or use on July 
                        25, 1991, shall be taken into account.
          * * * * * * *

  PART II--CREDIT FOR CONTRIBUTIONS TO CERTAIN COMMUNITY DEVELOPMENT 
                              CORPORATIONS

SEC. 13311. CREDIT FOR CONTRIBUTIONS TO CERTAIN COMMUNITY DEVELOPMENT 
                    CORPORATIONS.

  (a) * * *
          * * * * * * *
  (e) Selected Community Development Corporations.--
          (1) * * *
          (2) Only 20 corporations may be selected.--The 
        Secretary of Housing and Urban Development may select 
        20 corporations for purposes of this section, subject 
        to the availability of eligible corporations. Such 
        selections may be made only before July 1, 1994. At 
        least 8 of the operational areas of the corporations 
        selected must be rural areas (as defined by [section 
        1393(a)(3)] section 1393(a)(2) of such Code).
          * * * * * * *
                              ----------                              

              SECTION 607 OF THE MERCHANT MARINE ACT, 1936

    Sec. 607. (a) * * *
          * * * * * * *
    (h) Tax Treatment of Nonqualified Withdrawals.
    (1) * * *
          * * * * * * *
          (6) Nonqualified withdrawals taxed at highest 
        marginal rate.--
                  (A) In general.--In the case of any taxable 
                year for which there is a nonqualified 
                withdrawal (including any amount so treated 
                under paragraph (5)), the tax imposed by 
                chapter 1 of the Internal Revenue Code of 1986 
                shall be determined--
                          (i) by excluding such withdrawal from 
                        gross income, and
                          (ii) by increasing the tax imposed by 
                        chapter 1 of such Code by the product 
                        of the amount of such withdrawal and 
                        the highest rate of tax specified in 
                        section 1 (section 11 in the case of a 
                        corporation) of such Code.
                  With respect to the portion of any 
                nonqualified withdrawal made out of the capital 
                gain account [during a taxable year to which 
                section 1(h) or 1201(a) of such Code applies], 
                the rate of tax taken into account under the 
                preceding sentence shall not exceed [28 percent 
                (34 percent] 19.8 percent (25 percent in case 
                of a corporation).
          * * * * * * *
                              ----------                              


                          SOCIAL SECURITY ACT

          * * * * * * *

TITLE II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS

          * * * * * * *

                    REDUCTION OF INSURANCE BENEFITS

                            maximum benefits

    Sec. 203. (a) * * *
          * * * * * * *

                  Months to Which Earnings Are Charged

    (f) For purposes of subsection (b)--
          (1) * * *
          * * * * * * *
          (8)(A) * * *
          * * * * * * *
          [(D) Notwithstanding any other provision of this 
        subsection, the exempt amount which is applicable to an 
        individual who has attained retirement age (as defined 
        in section 216(l)) before the close of the taxable year 
        involved--
                  [(i) shall be $333.33\1/3\ for each month of 
                any taxable year ending after 1977 and before 
                1979,
                  [(ii) shall be $375 for each month of any 
                taxable year ending after 1978 and before 1980,
                  [(iii) shall be $416.66\2/3\ for each month 
                of any taxable year ending after 1979 and 
                before 1981,
                  [(iv) shall be $458.33\1/3\ for each month of 
                any taxable year ending after 1980 and before 
                1982, and
                  [(v) shall be $500 for each month of any 
                taxable year ending after 1981 and before 
                1984.]
          (D)(i) Notwithstanding any other provision of this 
        subsection, the exempt amount which is applicable to an 
        individual who has attained retirement age (as defined 
        in section 216(1)) before the close of the taxable year 
        involved shall be--
                  (I) for the taxable year beginning after 1995 
                and before 1997, $1,250.00,
                  (II) for the taxable year beginning after 
                1996 and before 1998, $1,583.33\1/3\,
                  (III) for the taxable year beginning after 
                1997 and before 1999, $1,916.66\2/3\,
                  (IV) for the taxable year beginning after 
                1998 and before 2000, $2,250.00, and
                  (V) for the taxable year beginning after 1999 
                and before 2001, $2,500.00.
          (ii) For purposes of subparagraph (B)(ii)(II), the 
        increase in the exempt amount provided under clause 
        (i)(V) shall be deemed to have resulted from a 
        determination which shall be deemed to have been made 
        under subparagraph (A) in 1999.
          * * * * * * *
                 DISABILITY INSURANCE BENEFIT PAYMENTS

                     disability insurance benefits

    Sec. 223.(a) * * *
          * * * * * * *

                        definition of disability

    (d)(1) * * *
          * * * * * * *
    (4)(A) The Secretary shall by regulations prescribe the 
criteria for determining when services performed or earnings 
derived from services demonstrate an individual's ability to 
engage in substantial gainful activity. No individual who is 
blind shall be regarded as having demonstrated an ability to 
engage in substantial gainful activity on the basis of earnings 
that do not exceed [the exempt amount under section 203(f)(8) 
which is applicable to individuals described in subparagraph 
(D) thereof] an amount equal to the exempt amount which would 
have been applicable under section 203(f)(8), to individuals 
described in subparagraph (D) thereof, if section 501 of the 
Contract With America Tax Relief Act of 1995 had not been 
enacted. Notwithstanding the provisions of paragraph (2), an 
individual whose services or earnings meet such criteria shall, 
except for purposes of section 222(c), be found not to be 
disabled. In determining whether an individual is able to 
engage in substantial gainful activity by reason of his 
earnings, where his disability is sufficiently severe to result 
in a functional limitation requiring assistance in order for 
him to work, there shall be excluded from such earnings an 
amount equal to the cost (to such individual) of any attendant 
care services, medical devices, equipment, prostheses, and 
similar items and services (not including routine drugs or 
routine medical services unless such drugs or services are 
necessary for the control of the disabling condition) which are 
necessary (as determined by the Secretary in regulations) for 
that purpose, whether or not such assistance is also needed to 
enable him to carry out his normal daily functions; except that 
the amount to be excluded shall be subject to such reasonable 
limits as the Secretary may prescribe.
          * * * * * * *
                              ----------                              

                   REVENUE RECONCILIATION ACT OF 1990

          * * * * * * *

                      TITLE XI--REVENUE PROVISIONS

 H4  deg.SEC. 11001. SHORT TITLE; ETC.

  (a) Short Title.--This title may be cited as the ``Revenue 
Reconciliation Act of 1990''.
          * * * * * * *

                        Subtitle B--Excise Taxes

          * * * * * * *

                      PART II--USER-RELATED TAXES

          * * * * * * *

SEC. 11212. IMPROVEMENTS IN ADMINISTRATION OF GASOLINE EXCISE TAX.

  (a) * * *
          * * * * * * *
  (e) Technical and Conforming Amendments.--
          (1) [Paragraph (1) of section 6724(d)] Subparagraph 
        (B) of section 6724(d)(1) is amended by striking ``or'' 
        at the end of clause (x), by striking ``, or subsection 
        (e),'' in clause (xi), by striking the period at the 
        end of clause (xi) and inserting ``, or'', and by 
        inserting after clause (xi) the following new clause:
                          ``(xii) section 4101(d) (relating to 
                        information reporting with respect to 
                        fuels taxes).''
          * * * * * * *

                 Subtitle G--Tax Technical Corrections

          * * * * * * *

SEC. 11701. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT OF 1989.

  (a) Amendments Related to Section 7108.--
          (1) * * *
          * * * * * * *
          [(11) Paragraph (2) of section 7108(r) of the Revenue 
        Reconciliation Act of 1989 is amended by inserting 
        before the period ``but only with respect to bonds 
        issued after such date''.]
          * * * * * * *
  (f) Amendment Related to Section 7401.--Paragraph (2) of 
section 6038(e) (relating to definitions) is amended by adding 
at the end thereof the following new sentence: ``In the case of 
a specified foreign corporation (as defined in section 898), 
the taxable year of such corporation shall be treated as its 
annual accounting period.''
          * * * * * * *
                              ----------                              

               SECTION 1317 OF THE TAX REFORM ACT OF 1986

SEC. 1317. TRANSITIONAL RULES FOR SPECIFIC FACILITIES.

  (1) * * *
          * * * * * * *
  (3) Sports facilities.--A bond issued as part of an issue 95 
percent or more of the net proceeds of which are to be used to 
provide sports facilities (within the meaning of section 
103(b)(4)(B) of the 1954 Code) shall be treated as an exempt 
facility bond for purposes of part IV of subchapter B of 
chapter 1 of the 1986 Code if such facilities are described in 
any of the following subparagraphs:
          (A) A facility is described in this subparagraph if 
        it is a domed stadium--
                  (i) * * *
          * * * * * * *
The aggregate face amount of bonds to which this subparagraph 
applies shall not exceed $200,000,000. A facility shall not 
fail to be treated as described in this subparagraph by reason 
of an assignment (or an agreement to an assignment) by the 
governmental unit on whose behalf the bonds are issued of any 
part of its interest in the property financed by such bonds to 
another governmental unit.
          * * * * * * *
                              ----------                              


            EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

          * * * * * * *

             TITLE I--PROTECTION OF EMPLOYEE BENEFIT RIGHTS

          * * * * * * *

                       Part 6--Group Health Plans

          * * * * * * *

SEC. 602. CONTINUATION COVERAGE.

  For purposes of section 601, the term ``continuation 
coverage'' means coverage under the plan which meets the 
following requirements:
          (1) * * *
          (2) Period of coverage.--The coverage must extend for 
        at least the period beginning on the date of the 
        qualifying event and ending not earlier than the 
        earliest of the following:
                  (A) Maximum required period.--
                          (i) * * *
          * * * * * * *
                          [(v) Qualifying event involving 
                        medicare entitlement.--In the case of 
                        an event described in section 603(4) 
                        (without regard to whether such event 
                        is a qualifying event), the period of 
                        coverage for qualified beneficiaries 
                        other than the covered employee for 
                        such event or any subsequent qualifying 
                        event shall not terminate before the 
                        close of the 36-month period beginning 
                        on the date the covered employee 
                        becomes entitled to benefits under 
                        title XVIII of the Social Security 
                        Act.]
                          (v) Medicare entitlement followed by 
                        qualifying event.--In the case of a 
                        qualifying event described in section 
                        603(2) that occurs less than 18 months 
                        after the date the covered employee 
                        became entitled to benefits under title 
                        XVIII of the Social Security Act, the 
                        period of coverage for qualified 
                        beneficiaries other than the covered 
                        employee shall not terminate under this 
                        subparagraph before the close of the 
                        36-month period beginning on the date 
                        the covered employee became so 
                        entitled.
          * * * * * * *

     TITLE II--AMENDMENTS TO THE INTERNAL REVENUE CODE RELATING TO 
                            RETIREMENT PLANS

          * * * * * * *

Part 2--Certain Other Provisions Relating to Qualified Retirement Plans

          * * * * * * *

SEC. 1022. MISCELLANEOUS PROVISIONS.

  (a) * * *
          * * * * * * *
  (l) Qualified Football Coaches Plan.--For purposes of 
determining the qualified plan status of a qualified football 
coaches plan, section 3(37)(F) shall be treated as part of this 
title and a qualified football coaches plan shall be treated as 
a multiemployer collectively bargained plan for purposes of the 
Internal Revenue Code of 1986.
          * * * * * * *
                              ----------                              


             SECTION 2202 OF THE PUBLIC HEALTH SERVICE ACT

SEC. 2202. CONTINUATION COVERAGE.

  For purposes of section 2201, the term ``continuation 
coverage'' means coverage under the plan which meets the 
following requirements:
          (1) * * *
          (2) Period of coverage.--The coverage must extend for 
        at least the period beginning on the date of the 
        qualifying event and ending not earlier than the 
        earliest of the following:
                  (A) Maximum required period.--
                          (i) * * *
          * * * * * * *
                          [(iv) Qualifying event involving 
                        medicare entitlement.--In the case of 
                        an event described in section 2203(4) 
                        (without regard to whether such event 
                        is a qualifying event), the period of 
                        coverage for qualified beneficiaries 
                        other than the covered employee for 
                        such event or any subsequent qualifying 
                        event shall not terminate before the 
                        close of the 36-month period beginning 
                        on the date the covered employee 
                        becomes entitled to benefits under 
                        title XVIII of the Social Security 
                        Act.]
                          (iv) Medicare entitlement followed by 
                        qualifying event.--In the case of a 
                        qualifying event described in section 
                        2203(2) that occurs less than 18 months 
                        after the date the covered employee 
                        became entitled to benefits under title 
                        XVIII of the Social Security Act, the 
                        period of coverage for qualified 
                        beneficiaries other than the covered 
                        employee shall not terminate under this 
                        subparagraph before the close of the 
                        36-month period beginning on the date 
                        the covered employee became so 
                        entitled.
          * * * * * * *
                              ----------                              


               OMNIBUS BUDGET RECONCILIATION ACT OF 1989

          * * * * * * *

  TITLE VI--MEDICARE, MEDICAID, MATERNAL AND CHILD HEALTH, AND OTHER 
                           HEALTH PROVISIONS

          * * * * * * *

   Subtitle E--Provisions With Respect to COBRA Continuation Coverage

          PART 1--EXTENSION OF COVERAGE FOR DISABLED EMPLOYEES

SEC. 6701. EXTENSION, UNDER INTERNAL REVENUE CODE, OF COVERAGE FROM 18 
                    TO 29 MONTHS FOR THOSE WITH A DISABILITY AT TIME OF 
                    TERMINATION OF EMPLOYMENT.

  (a) In General.--Paragraph (2)(B) of section 4980B(f) of the 
Internal Revenue Code of 1986, as added by section 3011(a) of 
the Technical and Miscellaneous Revenue Act of 1988 (Public Law 
100-647), (relating to maximum required period of continuation 
coverage), is amended--
          (1) in clause (i) by adding after and below 
        [subclause (IV)] subclause (V) the following new 
        sentence:
                        ``In the case of a qualified 
                        beneficiary who is determined, under 
                        title II or XVI of the Social Security 
                        Act, to have been disabled at the time 
                        of a qualifying event described in 
                        paragraph (3)(B), any reference in 
                        subclause (I) or (II) to 18 months with 
                        respect to such event is deemed a 
                        reference to 29 months, but only if the 
                        qualified beneficiary has provided 
                        notice of such determination under 
                        paragraph (6)(C) before the end of such 
                        18 months.''; and
          * * * * * * *

                      TITLE VII--REVENUE MEASURES

SEC. 7001. SHORT TITLE; ETC.

  (a) Short Title.--This title may be cited as the ``Revenue 
Reconciliation Act of 1989''.
          * * * * * * *

                Subtitle C--Employee Benefit Provisions

                 PART I--EMPLOYEE STOCK OWNERSHIP PLANS

          * * * * * * *

SEC. 7304. REPEAL OF CERTAIN PROVISIONS RELATING TO EMPLOYEE STOCK 
                    OWNERSHIP PLANS.

  (a) Estate Tax Deduction.--
          (1) * * *
          (2) Conforming amendments.--
                  (A) * * *
          * * * * * * *
                  (D) Section 4979A is amended--
                          (i) * * *
                          (ii) by striking ``or section 
                        2057(d)'' in subsection (c)[(2)].
          * * * * * * *

                  Subtitle F--Miscellaneous Provisions

          * * * * * * *

                        PART V--OTHER PROVISIONS

          * * * * * * *
SEC. 7646. REPORTING OF POINTS ON MORTGAGE LOANS.

  (a) * * *
  (b) Technical Amendments.--
          (1) Subparagraph (B) of [section 6050H(b)(1)] section 
        6050H(b)(2) is amended by inserting ``(other than 
        points)'' after ``such interest''.
          * * * * * * *

                Subtitle G--Revision of Civil Penalties

          * * * * * * *

            PART II--REVISION OF ACCURACY-RELATED PENALTIES

SEC. 7721. REVISION OF ACCURACY-RELATED PENALTIES.

  (a) * * *
          * * * * * * *
  (c) Technical and Conforming Amendments.--
          (1) * * *
          * * * * * * *
          (10) Subparagraph (C) of section 461(i)(3) is amended 
        by striking ``[section 6662(b)(2)(C)(ii)] section 
        6661(b)(2)(C)(ii)'' and inserting ``section 
        6662(d)(2)(C)(ii)''.
          * * * * * * *

                   Subtitle H--Technical Corrections

          * * * * * * *

 PART I--AMENDMENTS RELATED TO TECHNICAL AND MISCELLANEOUS REVENUE ACT 
                                OF 1988

SEC. 7811. AMENDMENTS RELATED TO TITLE I OF THE 1988 ACT.

  (a) * * *
          * * * * * * *
  (i) Amendments Related to Section 1012 of the 1988 Act.--
          (1) * * *
          * * * * * * *
          (3) Subparagraph (A) of section 954(c)(3) is 
        amended--
                  (A) by striking ``is created'' the first 
                place it appears in clause (i) and inserting 
                ``is a corporation created'',
          * * * * * * *

                     PART IV--MISCELLANEOUS CHANGES

SEC. 7841. MISCELLANEOUS CHANGES.

  (a) * * *
          * * * * * * *
  (d) Miscellaneous Clerical Changes.--
          (1) * * *
          * * * * * * *
          (10) Paragraph (27) of [section 381(a)] section 
        381(c) (relating to credit under section 53) is 
        redesignated as paragraph (26).
          * * * * * * *

            PART V--AMENDMENTS RELATED TO PENSION PROVISIONS

          * * * * * * *

        Subpart A--Amendments Related To Tax Reform Act of 1986

SEC. 7861. AMENDMENTS RELATED TO TITLE XI OF THE REFORM ACT.

  (a) * * *
          * * * * * * *
  (c) Amendments Related to Section 1140 of the Reform Act.--
          (1) * * *
          (2) Section 1140(c) of the Reform Act is amended by 
        striking all after ``the first plan year beginning'' 
        the second place it appears and inserting ``after the 
        later of--
          ``(1) December 31, 1988, or
          ``(2) the earlier of--
                  ``(A) December 31, 1990, or
                  ``(B) the date on which the last of such 
                collective bargaining agreements terminate 
                (without regard to any extension after February 
                28, 1986).''
          * * * * * * *
                         VII. DISSENTING VIEWS

                              ----------                              


DISSENTING VIEWS OF THE DEMOCRATIC MEMBERS, COMMITTEE ON WAYS AND MEANS

    The Republican's tax policy reflected in H.R. 1215 is 
fiscally irresponsible, economically unsound, distributionally 
inequitable, and politically dishonest. We are unable in good 
conscience to support it.
    The Republican tax bill would mortgage our children's 
future--again--by exploding the Federal budget deficit at the 
very time we should be paying it down. And, the Republicans are 
neither paying for nor acknowledging the full size of that 
debt. This is the ultimate unfunded mandate.

                        Fiscal Irresponsibility

    When you find yourself in a deep hole and it is hard to 
climb out, the last thing you need to do is dig the hole 
deeper. Despite considerable Republican rhetoric about fiscal 
responsibility, balancing the budget, and making government 
honest, the tax provisions in this bill represent the largest 
increase in the deficit in history except for the frenetic tax-
cutting episode in 1981.
    This tax bill would lose almost $200 billion over the first 
5 years. And these tax cuts are insidious--they would lose 
vastly more in the years beyond the budget window. The 10-year 
revenue loss would approach $700 billion. Chart #1 illustrates 
this explosion of the revenue loss.


    This not only reflects a cavalier attitude toward the 
deficit, it is the epitome of irresponsibility. An increase in 
the deficit now means a larger burden on future generations. 
Our grandchildren can count on a lower standard of living if 
these tax cuts are enacted. This is the worst kind of 
selfishness--wanting to ``have it now,'' even at the certain 
expense of our children and grandchildren. It is undisguised 
``me-ism.''
    Tax Cuts Not Paid For.--The Republicans tell us that they 
intend to pay for these tax cuts with spending cuts. The 
Republicans tell us that the cuts will not come from Social 
Security, defense, or interest on the public debt. We know that 
means other programs will have to be cut by almost one-third--
even more if they intend to protect anything else. Mostly, the 
Republicans haven't told us much at all about the spending cuts 
that they say will pay for tax cuts. We haven't heard much 
about the specifics of where they will get the $100 billion 
they will need after they cut women and children from 
government assistance. What else do they intend to do to pay 
for these cuts and reduce the deficit?
    This Committee has recently reported out a welfare reform 
bill, and other committees have considered legislation in this 
area, too. We suspect this is one of the ways the Republicans 
intend to pay for these tax cuts. We oppose paying for tax cuts 
by making children vulnerable. We have expressed our strong 
opposition to the Repbublican welfare bill. It is cruel to 
children and of little help to their parents. Making life 
harder for millions of needy children and using the savings to 
provide tax cuts for the privileged is offensive to us. We 
strenuously reiterate our opposition to this.
    In fact, the Republicans don't intend to tell us how they 
will pay for these tax cuts because they don't know. The very 
day after the Committee markup, Speaker Gingrich said, ``You 
don't have to have specific cuts. If you lower the caps, that's 
equivalent to specific cuts.'' Of course it's not! Cutting the 
discretionary spending caps is nothing more than a promise to 
spend less in the future than you're spending now. Why will it 
be any easier for future appropriators to find palatable 
specific cuts if today's appropriators cannot? And if they 
cannot, how tempting will it be to ``adjust'' the caps in order 
to cut less? Why should we believe that they will keep this 
promise, when they have broken so many in the past? Do they 
really intend to increase the deficit by $700 billion and 
expect us to take it on faith that future cuts will be 
forthcoming? Reporting this bill without identifying the 
required spending cuts is an historic act of irresponsibility.
    For more than a decade, this Committee has consistently 
paid for any new benefits that it has approved. That risk is 
never easy, but we assumed that responsibility when we were 
elected to Congress and when we chose to serve our constituents 
as Members of the Committee on Ways and Means. We cannot in 
good conscience approve these broad tax reductions without 
knowing that fair and equitable spending reductions will be 
found to pay for this tax cut and to reduce the deficit.
    Why are the Republicans making the job of balancing the 
budget so much harder than it already is? If they manage to 
come up with $200 billion in spending cuts--or, more honestly, 
$700 billion--they will only be running in place. They will 
have done nothing to reduce the current deficit. Where will 
they find additional cuts of as much as $1 trillion in order to 
balance the budget by 2002?
    Budget Gimmicks.--One of the reasons for the exploding 
deficit increases in the years beyond the usual 5-year budget 
period is the budget trickery that the Republicans resort to in 
order to keep the early years' costs at ``only'' $200 billion. 
The bill contains a variety of gimmicks that artificially 
reduce its short-term revenue loss while exploding out-year 
costs. The following are examples of provisions contained in 
the bill which were deliberately designed to reduce their 
short-term revenue loss without regard to their long-term 
revenue loss:
    The Republican bill changes the original proposal to index 
capital gains for inflation that was contained in the Contract 
With America in several ways. One of the changes limits 
indexing to newly-acquired property with an election to mark-
to-market property held on the effective date. This change 
results in a one-time revenue pickup of $11.2 billion during 
the first 2 years but increases its long-term costs. Another 
change adds a 3-year holding period, thus resulting in no 
revenue loss for the first 3 years. Even with additional 
cutbacks in the original Contract proposal, such as 
disqualifying corporate taxpayers, the 5th-year cost of 
indexing in the Committee bill exceeds the 5th-year cost of the 
more broadly available proposal in the original Contract by 
$2.2 billion.
    The ``neutral'' cost recovery (depreciation) provisions in 
the bill reduce its cost by approximately $19 billion over 5 
years. In fact, the Joint Committee on Taxation has estimated 
that these expanded deductions for business would cost almost 
$97 billion over the following 5 years. This provision is 
neither neutral nor equitable cost recovery. The provision 
attempts to replicate expensing which would have substantial 
short-term costs. Instead of simply including a provision 
allowing expensing, the Republican plan includes this extremely 
complicated depreciation scheme in order to defer the cost. 
(See Chart #2.)


    --``The American Dream Savings Account'' proposal is 
equivalent on a present-value basis to a fully deductible IRA. 
However, unlike fully deductible IRAs which would cost at least 
$30 billion over 5 years, the American Dream Savings Account 
proposal purports to save $2 billion over 5 years. However, the 
10-year revenue loss is approximately $24 billion and 
dramatically increases virtually every year thereafter. 
Increases in the deficit are clearly not part of any American 
dream. (See Chart #3.)


    These budgetary gimmicks shift revenue into the first few 
years of the budget period because they assume that taxpayers 
will be willing to increase voluntarily the tax they owe in the 
short term in exchange for large tax reductions in the more 
distant future. Taxpayers would be willing to do this only if 
they are convinced that the income tax system will be in place 
in the more distant future. It is ironic that the Republican 
tax bill would rely on these gimmicks at a time when the 
Chairman of the Committee on Ways and Means and the House 
Republican Leadership are calling for total repeal of the 
current income tax system.
    Once again the Republicans are being inconsistent. They 
call for deficit reduction but support large tax reductions. 
They say they support spending cuts but fail to identify them. 
They call for repeal of the present income tax system but 
reduce the short-term revenue loss of their tax cuts with 
gimmicks that will only work if taxpayers are convinced that 
the current system will be retained for the indefinite future. 
The cost of the capital gain reductions in the Republican bill 
is reduced by the additional revenues assumed to result from 
taxpayers' response to the lower rates. The lower rates will 
encourage taxpayers to realize additional capital gains. These 
induced realizations will not occur if taxpayers actually 
believe that the Republicans will be successful in their 
announced program of eliminating the income tax system. It is 
time for the Republicans to lay out their entire program to the 
American public.
                          Economic Unsoundness

    This kind of budget irresponsibility has other, more 
immediate costs, too. If the financial markets doubt the 
government's credibility, interest rates will rise. If 
consumers and businesses have this windfall of additional 
dollars to spend at a time when the economy is charging along 
at full capacity, inflation will increase. If incentives are 
increased to shelter income, to merge companies simply because 
of the tax consequences, and to invest unwisely, then bad 
economic decisions will be made.
    The memory of the 1981 Reagan tax cuts looms large. That 
bill gave away the store in a passion of unfunded tax-cutting, 
and thus encouraged the growth of tax shelters. We were 
promised spending cuts that never materialized. The deficit 
soared. The economy crashed. We experienced the deepest 
recession in this century short of the Great Depression. At the 
same time, the overly-generous tax cuts spurred over-investment 
in certain sectors of the economy, creating excesses that we 
are still trying to rid ourselves of today. If we make the same 
mistake this year as the one we made in 1981, then our 
contribution will be a weakened economy, investment 
distortions, and complexity.

                        Distributional Inequity

    These tax proposals are not equitable. They would 
disproportionately favor a privileged few upper-income 
taxpayers. Is that a noble cause for the government to engage 
in--helping those who have and ignoring those who have not?
    The Republicans strenuously protest the claim that they are 
helping wealthy Americans with these tax cuts. Indeed, at times 
it seems they protest too much. One-half of the total benefit 
of this bill and three quarters of the capital gains tax cut 
will go to those with incomes of $100,000 or more. The broken 
promise of partial refundability of the family credit means 
that families with incomes of $20,000 or less will get only 2 
percent of the benefit of that provision, and that is about all 
they will get from the total bill.
    On average, those with incomes of $200,000 or more would 
enjoy tax cuts of $11,270, while those with incomes between 
$30,000 and $50,000 would receive $570 and those with incomes 
between $50,000 and $75,000 will get about $1,000, a mere one-
eleventh of what the wealthy will get. Chart #4 shows these 
dramatic differences.


    The average cut in taxes resulting from the capital gains 
provisions would be almost $7,800 for each family that realizes 
gains and has income of $200,000 or more; for a comparable 
family with income between $30,000 and $50,000 and lucky enough 
to have a capital gain, the tax cut would be about $650.
    Middle-income families will get small tax cuts, a bigger 
deficit, and a bleaker future for their children. The 
Republicans know this. They put forth this bill knowingly and 
without the interest or the commitment to help those who are 
shortchanged by it.
                          Political Dishonesty

    The Republicans campaigned on the Contract With America 
last year. They won the majority of seats in the House of 
Representatives. They say they are fervent in their 
determination to fulfill the Contract With America and to 
adhere to its associated themes. H.R. 1215 is a breach of this 
promise.
    Breach of Contract.--H.R. 1215 denies the family tax credit 
to many working families with children. Virtually all of those 
families pay more Social Security tax than income tax, and the 
lower-income ones among them pay more Social Security tax than 
they get back in earned income tax credits. Previous versions 
of the Contract With America would have allowed families to use 
the family tax credit to offset any Social Security taxes they 
paid in excess of their earned income tax credit. The 
legislation that represented the Contract last September when 
it was first announced would have helped these families. H.R. 
6, introduced only two months ago at the beginning of this 
Congress, would have helped them, too. H.R. 6 included 
refundability and a technical fix to ensure that refundability 
by making available a permanent appropriation for the refunds. 
It was only at the last moment, in H.R. 1215, introduced on 
Monday, March 13, 1995, that these families were dropped from 
the promise--all 10 million of them.
    By not including partial refundability in H.R. 1215, the 
Republicans are breaking their contract with the American 
people and are reducing the tax relief that they promised 
working families by $13 billion over 5 years. Two-thirds of 
this reduction will come from families with incomes of less 
than $50,000. There are 23.2 million families with children who 
earn less than $50,000 per year. On average, these families pay 
$1,725 in Social Security tax out of their own paychecks and a 
total of $3,450 when the employer portion of Social Security 
tax is counted. Why should these families be shortchanged so 
that America's largest corporations can be given relief from 
tax?
    The following examples show the effects of this contractual 
breach on hard-working moderate-income families.
EXAMPLES OF FAMILIES WHO WOULD GET SMALLER FAMILY TAX CREDITS UNDER THE 
     REPUBLICAN BILL THAN UNDER THE ORIGINAL CONTRACT WITH AMERICA

    Relative to the original Contract With America, H.R. 1215 
makes the $500-per-child family tax credit nonrefundable. This 
means that many working families who would have received 
credits under the original Contract will receive much smaller 
credits under the Republican bill. The Republican bill takes 
$13 billion from America's working families. In fact, two-
thirds of that cutback from the original Contract will come 
from families with less than $50,000. (Examples are for 1996.)
    Example #1: Young Couple With Their First Child.--Family of 
3, 1 Child, $15,000 per year.
    Under the original Contract With America, this family would 
receive a family credit of $500.
    Under the Republican bill, this family would receive a 
family tax credit of $90.
    Relative to the original Contract, this family will lose 
$410.
    Example #2: Middle-Aged Divorced Mother Back In the 
Workforce.--Family of 4, 3 Children, $20,000 per year.
    Under the original Contract With America, this family would 
receive a family credit of $1,500.
    Under the Republican bill, this family would receive a 
family tax credit of $585.
    Relative to the original Contract, this family will lose 
$915.
    Example #3: Family With One High-School-Educated Worker.--
Family of 5, 3 Children, $22,000 per year.
    Under the original Contract With America, this family would 
receive a family credit of $1,500.
    Under the Republican bill, this family would receive a 
family tax credit of $375.
    Relative to the original Contract, this family will lose 
$1,125.
    Erosion of State Tax Bases.--The Republicans speak about 
returning government to the people and the Statehouses. The 
welfare reform debate in this Committee rang with the cry of 
``state flexibility.'' This tax bill will significantly 
circumscribe the ability of State Government to deliver 
services because it puts their revenue base at risk. Many 
States may be forced to raise real property taxes to find 
additional revenues. This would be especially burdensome to the 
middle class.
    Many States use Federal tax concepts when defining taxable 
income for State income tax purposes. This results in 
substantial simplification for taxpayers who are not required 
to compute their income separately for Federal and State income 
tax purposes. A study by the Institute on Taxation and Economic 
Policy indicates that the depreciation and capital gain 
provisions contained in the Committee bill would create 
enormous revenue losses for States unless they cease to conform 
with Federal tax concepts. It is not surprising that the study 
indicates that 72 percent of the revenue loss is attributable 
to individuals with incomes over $200,000. If States cease to 
conform with Federal concepts, the result would be a 
substantial increase in complexity as taxpayers would have to 
compute basic concepts, such as depreciation and basis, 
differently for Federal and State tax purposes. The following 
chart shows the dramatic amounts of revenue involved.

   SUMMARY OF POTENTIAL REVENUE LOSSES IN 15 STATES FROM THE CONTRACT   
                  DEPRECIATION & CAPITAL GAINS TAX CUTS                 
      [Totals for calendar years 1995-2005, in millions of dollars]     
------------------------------------------------------------------------
                                    Corporate    Individual     Total   
------------------------------------------------------------------------
California.......................        (\1\)      -13,420      -13,420
Connecticut......................         -710         -930       -1,640
Georgia..........................         -510       -1,370       -1,880
Iowa.............................         -210         -610         -820
Kentucky.........................         -310         -600         -910
Maine............................          -60         -310         -370
Minnesota........................         -510       -1,900       -2,410
Missouri.........................         -300         -910       -1,210
New Jersey.......................       -1,090       -1,990       -3,090
New York.........................       -2,310       -7,480       -9,790
Oregon...........................         -160       -1,440       -1,600
Pennsylvania.....................       -1,680       -1,350       -3,040
Rhode Island.....................          -70         -210         -280
Vermont..........................          -30         -130         -150
Wisconsin........................         -470         -150         -620
                                  --------------------------------------
      Total, 15 States...........       -8,430      -32,810      -41,240
------------------------------------------------------------------------
\1\ California does not follow federal depreciation rules for           
  corporations.                                                         
                                                                        
Source: Institute on Taxation and Economic Policy.                      

    Had it been possible to engage our Republican colleagues in 
realistic discussion of any issues regarding the Contract With 
America or the version of the Contract embodied in H.R. 1215 or 
to consider alternative formulations of any of the provisions 
in the bill, we would have preferred to address this problem 
and to help the States avoid these large revenue losses.

                         Democratic Priorities

    Democrats are not opposed to tax cuts. We do believe that 
the unfunded Republican tax cuts in the current fiscal and 
economic environment are folly. We also believe that the 
Republican tax cuts are unfairly structured.
    Sadly, the Republican bill missed a major opportunity to 
correct inequities and to reduce the deficit. Democrats, 
therefore, believe that H.R. 1215 will not restore the American 
dream, reinforce families, provide equity for senior citizens, 
or create jobs and enhance the wages of the middle class.
    Had the Republicans been willing to listen to potential 
improvements in their bill, instead of voting in lock-step and 
soldier-like precision at the command of their Leadership, they 
would have been able to consider improvements that we, the 
Committee Democrats, would have been pleased to offer in a 
spirit of bipartisanship and to support unanimously. Some of 
the flaws of this legislation are described below.
    Partial Refundability of the Family Tax Credit.--As 
mentioned above, H.R. 1215 denies the family tax credit to many 
working families with children even though those families 
typically pay more in Social Security taxes than in income 
taxes and, for the lower-income families, more than they 
receive in earned income tax credits. Previous versions of this 
part of the Contract With America would have helped these 
families by providing the family credit to families with Social 
Security liability in excess of their earned income tax credit. 
It is very difficult for the Republicans to argue, as they are 
now doing, that this limited refundability was not intended.
    We strongly support refundability of the family credit 
against Social Security taxes, so that lower-income working 
families can benefit as well. We would have preferred to 
restore the partial refundability promised to working Americans 
in all previous versions of the Contract With America.
    Meaningful Relief of Marriage Tax Penalties.--The so-called 
marriage penalty relief in H.R. 1215 is nothing less than an 
empty box. It is wholly inadequate. It would help only 14 
million of the 30 million couples who experience marriage 
penalties each year. It purports to alleviate marriage 
penalties and yet it provides a maximum benefit of only $145 
per couple, even though the average size of marriage penalties 
is large even in low- and middle-income groups: $260 for 
couples in the $30,000-$40,000 income range; $1,540 for couples 
in the $75,000-$100,000 range. It is not difficult for two 
working professionals, for example two school teachers, to have 
combined income in these ranges.
    The Republican proposal is capped in order that the total 
revenue loss not exceed $4 billion per year. While revenue 
constraint is important, it makes this a false promise. At 
best, it will be discouraging to those who suffer marriage 
penalties of several hundreds or several thousands of dollars, 
and in a tax system in which marriage penalties may total as 
much as $30 or $40 billion per year. Capping the proposal at 
$145 per couple means that for well above 90 percent of all 
couples, the size of the relief will be unrelated to the size 
of the penalty they experience. These working Americans should 
not be promised relief that will not be forthcoming. Increased 
expectations will only be dashed and taxpayer disillusioned.
    The provision in the Republican bill requires a 
complicated, meaningless calculation. A couple would have to 
compute and compare two hypothetical tax liabilities, neither 
of which will bear any resemblance whatsoever to their actual 
tax liability or any other number on their tax return. The 
overwhelming majority of those couples will only get $145 in 
relief, regardless of the calculation, because their 
``hypothetical'' marriage penalty exceeds this capped amount. 
Why should we make them or the Treasury Department go through 
the complexity and confusion of such a calculation?
    We are assured that the process of figuring out the credit 
will be streamlined for taxpayers because the IRS will include 
a ``look-up'' table in the tax return instruction packet. This 
is unlikely to be less confusing when the numbers in the table 
are meaningless to the taxpayer. Besides, is the look-up table 
really just a way of preventing taxpayers from calculating 
their marriage penalties themselves and realizing how big their 
penalty is and how paltry the Republican relief of $145 would 
be?
    A much better approach would be to reinstate a two-earner 
deduction similar to the one that existed from 1982 to 1986. 
This method of addressing the problem of marriage penalties 
would help all 30 million two-earner families in a simple, 
straightforward way that would relate the size of the relief to 
the size of the penalty they face. Why not provide simple, 
sensible tax relief instead of an arbitrary, somewhat stingy, 
overly complicated credit?
    Assistance With Educational Expenses.--We strongly believe 
that investments in both human capital and physical capital are 
necessary for a strong economy in this country. The Republican 
bill completely ignores the need to improve the skills of our 
workers. Without investment in the skills of our workforce, 
real wages of American workers will continue to decline. In 
1981, the Republicans provided extraordinary subsidies for 
physical capital without any attempt to increase the skills of 
our workers. The result was an explosion of tax shelters, 
investments that made sense only because of the tax incentives, 
and a continued decline in real wages. Democrats have learned 
from that mistake. We prefer providing help to hard-working 
families who need assistance in meeting the dramatically 
increasing costs of education for their children.
    Prevent a Raid on the Medicare Trust Fund.--We are very 
concerned about the impact of the bill on the Medicare Part A 
Hospital Insurance Trust Fund. Over the past several years, the 
Congress has been successful in strengthening the solvency of 
the Medicare Part A Hospital Insurance Trust Fund. Previous 
estimates of the Trustees of the Hospital Insurance Trust Fund 
anticipated that the Trust Fund would become insolvent in 1991. 
Today the Trust Fund is estimated by the Trustees to remain 
solvent until the year 2001.
    H.R. 1215 would halt the progress made on Part A Trust Fund 
solvency and actually speed the day when the Trust Fund will 
become insolvent. The bill will take billions of dollars from 
the Medicare Part A Trust Fund to pay for the Contract With 
America. As estimated by the CBO, the Medicare Part A Trust 
Fund would experience a reduction of $23 billion in direct 
receipts over the first 5 years ($26.6 billion when accounting 
for lost accrued interest). By the year 2005, the Part A Trust 
Fund would lose $87.3 billion in direct receipts and accrued 
interest.
    We believe that the Medicare Trust Fund, on which so many 
of our seniors depend, should not be raided under any 
circumstances. We wish it had been possible for the Committee 
to agree to keep the Trust Fund whole.
    Add Consumer Protections to Provisions Regarding 
Accelerated Death Benefits.--We strongly believe in favorable 
tax treatment for accelerated death benefits paid to the 
terminally ill. After all, this was originally a Democratic 
proposal and introduced bill. Our strong support was 
demonstrated through the inclusion of such a provision in our 
Committee-reported health care reform legislation last year. 
The health care reform legislation, developed by the Committee 
Democrats last year and reported by the Committee, contained 
critical consumer protections with respect to accelerated death 
benefits.
    We have great reservations about the Republican's proposal 
in this bill, however, because these consumer protections are 
missing. These consumer protections are necessary to ensure 
that the terminally ill are not exploited in their time of 
desperate financial need by opportunistic profiteers.
    We are also greatly distressed that this favorable tax 
treatment has been extended to benefits paid by an unregulated 
industry--the viatical industry--without these consumer 
protections. Testimony before this Committee earlier this year 
established that viatical companies pay the insured a 
substantially lower percentage of the value of their insurance 
contract. These companies make a great profit at the expense of 
the very individuals this provision was intended to help. The 
extension of favorable tax treatment to the products of 
viatical companies makes the inclusion of these consumer 
protections even more critical in achieving the intended 
results of this provision.
    Add Consumer Protections for Long-Term Care Insurance 
Provisions.--It is equally unfortunate that this bill does 
nothing to deal with the abusive practices of some insurance 
companies in selling long-term care insurance. Providing 
favorable tax treatment for long-term care insurance policies 
that do not provide the promised protection makes no sense 
whatsoever. The Republican proposal does nothing to curb the 
unfair practice of selling coverage without a non-forfeiture 
benefit or inflation protection. Coverage bought today may be 
worthless by the time it is needed. Consumer protection against 
these and other abuses should have been included as part of 
this proposal. In addition, the very low loss ratios of these 
long-term care insurance policies may mean that the tax 
incentives of this legislation will simply end up as higher 
profits in the hands of the already profitable insurance 
companies. As a result, as the experts told the Committee in 
testimony, the Republican proposal is an extremely inefficient 
approach to providing long-term care coverage to those in need.
    Alternative Minimum Tax Reform for Corporations.--It has 
been our position that the present corporate alternative 
minimum tax should be reformed. During the hearings earlier 
this year, we made our position clear that the minimum tax 
adversely affected certain industries. This was not a new 
position for us as evidenced by the improvements to the 
alternative minimum tax contained in the 1993 Omnibus Budget 
Reconciliation Act. However, the Republican bill results in a 
total repeal of the alternative minimum tax for corporations 
and permits the current accumulation of alternative minimum tax 
credits to offset up to 90 percent of a corporation's regular 
tax liability. These changes, when combined with the egregious 
neutral cost recovery provisions contained in H.R. 1215, will 
result in many corporations being able to eliminate most of 
their Federal income tax liability. We believe this is unwise 
and irresponsible.
    Neutral Cost Recovery System.--We strenuously oppose the 
neutral cost recovery provisions contained in the Republican's 
bill. As explained above, these provisions function largely as 
a budget gimmick to reduce the 5-year cost of the bill. We are 
particularly concerned that neutral cost recovery combined with 
debt-financing, would actually result in a negative tax--a 
negative tax that no business representative requested during 
the public hearings on this proposal. This would create the 
potential for widescale tax shelter activity. As a result, the 
corporate income tax would be effectively repealed for capital-
intensive companies. Many companies would have excess 
depreciation deductions. These excess deductions would 
inevitably lead to tax-motivated leasing transactions and 
provide substantial tax incentives for mergers of capital-
intensive companies with companies which have high effective 
tax rates. The large tax benefits associated with neutral cost 
recovery could create tax-motivated transactions with little or 
no economic justifications. The large overbuilding in real 
estate which occurred in the 1980s was partially caused by the 
unduly generous tax benefits provided in the 1981 Tax Act. We 
have all seen the adverse consequences resulting from that 
experiment in providing unduly generous depreciation rules. We 
should not repeat that experiment again.
    Indexing of Capital Gains.--The Republican's bill makes 
substantial improvements to the indexing provisions that were 
contained in the Contract With America. These changes 
appropriately addressed the potential for indexing to be used 
to create artificial capital and ordinary losses. However, 
indexing will continue to be the source of substantial 
complexity for taxpayers. In circumstances where there have 
been increases to basis of property after its original 
acquisition, indexing would require separate adjustments for 
each basis increase. For example, if the taxpayer held a mutual 
fund and reinvested its quarterly dividends for 10 years before 
selling, the taxpayer would be required to compute 41 separate 
inflation adjustments in determining his gain or loss on the 
sale of his investment in that fund. Taxpayers would be 
required to maintain substantially more elaborate records than 
those required under existing law. In addition, since many 
States will not be able to sustain the revenue loss that would 
result if they allow indexing for State income tax purposes, 
taxpayers might be required to compute capital gains separately 
for Federal and State income tax purposes.
    Social Security Earnings Test.--The Committee bill raises 
the earnings exemption under the Social Security earnings test 
to $30,000 by the year 2000. The bill specifically limits this 
provision to the elderly and excludes the blind from its 
benefits. In 1977 Congress, on a bipartisan basis, linked the 
earnings limit for the blind and the elderly. Now the 
Republicans are reversing that decision. They are robbing the 
blind of the equitable treatment they have received for almost 
20 years.
                               Conclusion

    The Republican tax bill is fatally flawed. We regret that 
the process in the Committee did not accommodate genuine 
attempts, by both Republicans and Democrats, to improve the 
bill and create sound tax policy. Strict adherence to the 
original Contract With America appears to have been the goal. 
Although this Republican bill breaches the original Contract in 
certain respects, it does not offer a better alternative.
    The real Contract that America wants to have with its 
government is one that is fair; one that is honest; one that 
does not explode the deficit, jeopardize the economy, and 
promise to pay for it all later. Americans do not want a 
government in which there is a hidden agenda, internal 
contradictions, budget gimmickry, and enormous end-of-the-road 
costs.
    The Republicans believe that they have a Contract With 
Americans. But Americans don't want these tax cuts at this 
cost. Americans don't want to make working families and their 
children suffer while corporations and wealthy individuals 
benefit. Americans want deficit reduction and a sound economy. 
They want us to climb out of the hole, not to dig it deeper.
    The Contract With America has become nothing more than a 
hollow symbol--a contract the Republicans have with themselves 
to march forward with this legislation regardless of its 
contents or its effects.

                                   Sam M. Gibbons.
                                   Harold Ford.
                                   William J. Coyne.
                                   Pete Stark.
                                   L.F. Payne.
                                   Andy Jacobs, Jr.
                                   Jim McDermott.
                                   Gerald D. Kleczka.
                                   Richard E. Neal.
                                   Barbara B. Kennelly.
                                   Sander Levin.
                                   Robert T. Matsui.
                                   Charles B. Rangel.
                                   Benjamin L. Cardin.
                                   John Lewis.
   ADDITIONAL DISSENTING VIEWS OFFERED BY REP. PETE STARK, REP. SAM 
GIBBONS, REP. BENJAMIN CARDIN, REP. JIM MCDERMOTT, REP. GERALD KLECZKA, 
   REP. JOHN LEWIS, REP. CHARLES RANGEL, REP. BARBARA KENNELLY, REP. 
    WILLIAM COYNE, AND REP. RICHARD NEAL TO H.R. 1215 (`CONTRACT ON 
                        AMERICA' TAX PROVISIONS)

Opposition to the Raid on the Medicare Part A Hospital Insurance Trust 
                                  Fund

    Raiding the Medicare Trust Fund is no way to fund a tax 
bill, particularly one that favors the wealthy over middle and 
lower income Americans.
    H.R. 1215, if enacted, will take $26 billion out of the 
Medicare Part A Hospital Insurance Trust Fund over five years 
($87 billion over ten years). These funds are taken out in 
order to finance a tax cut for the wealthiest 13 percent of 
seniors.
    According to the Health Care Finance Administration Office 
of the Actuary, if the Medicare Trust is to be made whole from 
the provisions in H.R. 1215, the payroll tax on working 
Americans would need to be raised by 0.31 percent effective 
January 1, 1996. This would increase the HI payroll tax from 
the current level of 2.9 percent to 3.21 percent. The effect of 
doing so would be to increase the tax burden on all working 
Americans in order to pay for a tax cut for a small group of 
seniors who have an average annual income of $73,000.
    In 1993, under the leadership of President Clinton, 
Congressional Democrats passed the Omnibus Budget 
Reconciliation Act of 1993. This bill strengthened the solvency 
of the Part A Trust Fund. In 1994, the Ways and Means Committee 
passed health reform legislation that strengthened further the 
solvency of the Medicare Part A Trust Fund. These improvements 
in the Trust Fund solvency were achieved by either reducing the 
draws on the Trust Fund or increasing the revenues into the 
Trust Fund. Neither bill had a single Republican supporter.
    It is disappointing that the Republican Majority is now 
reversing these efforts and potentially saddling working 
Americans with a future tax increase, particularly when 87 
percent of seniors--those with an average annual income of 
$18,000--receive no benefit from this tax cut.
    While the Republicans seem to believe they have devised a 
contract that meets the political whims of the day, Democrats 
made a commitment--a contract--with Americans in 1965 when we 
enacted Medicare. We plan to keep that commitment.

       Need for Consumer Protections in Long-Term Care Insurance

    The Tax Relief Act of 1995 induces people to buy long-term 
care insurance (LTC) by providing favorable tax treatment for 
premiums on those policies. Yet the bill does nothing to 
protect consumers from the abuses that are present in the 
market. The recent past president of National Association of 
Insurance Commissioners has stated, ``Some consumer abuses are 
so severe as to raise questions about the very viability of 
this product.''
    In testimony before the health subcommittee, 8 of the 14 
witnesses testified as to the need for consumer protections. 
That testimony came from groups as diverse as the Health 
Insurance Association of America, the Partnership States of 
California, New York, and Connecticut, Consumers Union and The 
Coalition of LTC Financing. As Kevin Mahoney, Project Director 
of the California Partnership for LTC stated, ``* * * [T]he 
standards the partnership policies must meet are key * * * 
Unless policies provide adequate coverage and inflation 
protection, purchases run a significant chance of still ending 
up on Medicaid.'' The dizzying array of policies and riders to 
policies and the confusing terminology make an effective choice 
of a policy almost impossible for the consumer.
    Last year during health care reform, this Committee 
developed a bipartisan, consensus position that would have 
placed strong consumer protection standards on LTC policies. 
This year the new Majority on the Committee has chosen to 
ignore the consumer. If the Federal government is going to 
encourage individuals to purchase LTC insurance through tax 
incentives, then it has an obligation to the public to ensure 
that the policies purchased will meet certain minimum 
standards.

      Need for Consumer Protections in Accelerated Death Benefits

    The Tax Relief Act of 1995 provides favorable tax treatment 
for accelerated payments on life insurance contracts paid by 
insurance carriers or viatical companies. Yet the bill does 
little to protect terminally and chronically ill individuals 
from abuse. Last year during health care reform, the Committee 
developed a bipartisan, consensus position that would have 
placed consumer protections on accelerated death benefits. This 
year the new Majority on the Committee has chosen not to 
protect the interests of the terminally and chronically ill. If 
the Federal government is going to encourage individuals to 
accelerate payments on their life insurance contracts through 
favorable tax treatment, then it has an obligation to put the 
interests of the terminally and chronically ill ahead of those 
who profit from their misfortune.

                                   Pete Stark.
                                   Ben Carden.
                                   Gerald Kleczka.
                                   Charles B. Rangel.
                                   William J. Coyne.
                                   Sam M. Gibbons.
                                   Jim McDermott.
                                   John Lewis.
                                   Barbara B. Kennelly.
                                   Richard Neal.
   ADDITIONAL DISSENTING VIEWS OFFERED BY REPRESENTATIVE BARBARA B. 
       KENNELLY TO H.R. 1215 (CONTRACT ON AMERICA TAX PROVISIONS)

       Concern about potential abuse in long-term care provision

    The Ways and Means Committee is one where great attention 
has always been paid to the details. The fine print does 
matter. As a Committee, we have always tried to ensure that 
legislation we enacted worked as intended, didn't distort 
marketplace consequences, and tried to prevent abuses where we 
knew about them.
    As a long time supporter of tax incentives for long-term 
care, I am concerned that the bill contains a potential abuse 
involving single premium long-term care insurance. It appears 
to allow tax-free rollovers from IRAs and 401(k) plans and 
contains no safeguards against single premium policies. That 
means an individual could wait until a spouse becomes disabled, 
rollover his/her IRA into a single premium long-term care 
policy and effectively convert a taxable IRA income stream into 
a non-taxable long-term care income stream with no insurance 
risk. In addition, there is also the potential to get a medical 
expense deduction depending on income and medical expenses.
    Last year during health care reform, this Committee 
developed a bipartisan, consensus position on long-term care 
insurance that would have included a twenty pay or life 
expectancy requirement. Such a requirement would go a long way 
toward preventing abuse of this nature. However, the new 
Majority on the Committee has deemed such a requirement 
necessary. Such abuses should be prevented before they are 
allowed to proliferate.

                                             Barbara B. Kennelly.  
                                
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