Jumpstarting Our Business Sector Act of 2013
A BILL
To amend the Internal Revenue Code of 1986 to provide individual and corporate income tax relief and to extend 100 percent bonus depreciation, and for other purposes.
Sec. 2 Corporate income tax rates reduced to zero
“(b) Amount of tax—The amount of the tax imposed by subsection (a) shall be 0 percent of taxable income.”
Sec. 3 Exclusion for net capital gain
“100. Exclusion for net capital gain
“Gross income shall not include net capital gain.”
Sec. 4 3-year extension of bonus depreciation and 100 percent expensing for certain business assets
“(5) Temporary 100 percent bonus depreciation—Paragraph (1)(A) shall be applied by substituting “100 percent” for “50 percent” in the case of qualified property—
“(A) which is acquired by the taxpayer (under rules similar to the rules of clauses (ii) and (iii) of paragraph (2)(A))—
“(i) after September 8, 2010, and before January 1, 2012, or
“(ii) after December 31, 2012, and before January 1, 2018, and
“(B) which is placed in service by the taxpayer—
“(i) before January 1, 2012 (January 1, 2013, in the case of property described in subparagraph (2)(B) or (2)(C)), or
“(ii) in the case of property described in subparagraph (A)(ii), before January 1, 2017 (January 1, 2018, in the case of property described in subparagraph (2)(B) or (2)(C)).”
“(K) Special rules for round 4 extension property
“(i) In general—In the case of round 4 extension property, this paragraph shall be applied without regard to—
“(I) the limitation described in subparagraph (B)(i) thereof, and
“(II) the business credit increase amount under subparagraph (E)(iii) thereof.
“(ii) Taxpayers previously electing acceleration—In the case of a taxpayer who made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, a taxpayer who made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, a taxpayer who made the election under subparagraph (I)(iii) for its first taxable year ending after December 31, 2010, or a taxpayer who made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012—
“(I) the taxpayer may elect not to have this paragraph apply to round 4 extension property, but
“(II) if the taxpayer does not make the election under subclause (I), in applying this paragraph to the taxpayer the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed and applied to eligible qualified property which is round 4 extension property.
“(iii) Taxpayers not previously electing acceleration—In the case of a taxpayer who neither made the election under subparagraph (A) for its first taxable year ending after March 31, 2008, nor made the election under subparagraph (H)(ii) for its first taxable year ending after December 31, 2008, nor made the election under subparagraph (I)(iii) for any taxable year ending after December 31, 2010, nor made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012—
“(I) the taxpayer may elect to have this paragraph apply to its first 3 taxable years ending after December 31, 2013, and each subsequent taxable year, and
“(II) if the taxpayer makes the election under subclause (I), this paragraph shall only apply to eligible qualified property which is round 4 extension property.
“(iv) Round 4 extension property—For purposes of this subparagraph, the term round 4 extension property means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 4(a)(1) of the Jumpstarting Our Business Sector Act of 2013 (and the application of such extension to this paragraph pursuant to the amendment made by section 4(b)(1) of such Act).”