Division A — Tax Increase Prevention Act of 2014
A Tax Increase Prevention Act of 2014
I Certain expiring provisions
A Individual tax extenders
Sec. 101 Extension of deduction for certain expenses of elementary and secondary school teachers
Sec. 102 Extension of exclusion from gross income of discharge of qualified principal residence indebtedness
Sec. 103 Extension of parity for employer-provided mass transit and parking benefits
Sec. 104 Extension of mortgage insurance premiums treated as qualified residence interest
Sec. 105 Extension of deduction of State and local general sales taxes
Sec. 106 Extension of special rule for contributions of capital gain real property made for conservation purposes
Sec. 107 Extension of above-the-line deduction for qualified tuition and related expenses
Sec. 108 Extension of tax-free distributions from individual retirement plans for charitable purposes
B Business tax extenders
Sec. 111 Extension of research credit
“(D) Special rule—If section 41 is not in effect for any period, such section shall be deemed to remain in effect for such period for purposes of this paragraph.”
Sec. 112 Extension of temporary minimum low-income housing tax credit rate for non-federally subsidized buildings
Sec. 113 Extension of military housing allowance exclusion for determining whether a tenant in certain counties is low-income
Sec. 114 Extension of Indian employment tax credit
Sec. 115 Extension of new markets tax credit
Sec. 116 Extension of railroad track maintenance credit
Sec. 117 Extension of mine rescue team training credit
Sec. 118 Extension of employer wage credit for employees who are active duty members of the uniformed services
Sec. 119 Extension of work opportunity tax credit
Sec. 120 Extension of qualified zone academy bonds
Sec. 121 Extension of classification of certain race horses as 3-year property
Sec. 122 Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements
Sec. 123 Extension of 7-year recovery period for motorsports entertainment complexes
Sec. 124 Extension of accelerated depreciation for business property on an Indian reservation
Sec. 125 Extension of bonus depreciation
“(K) Special rules for round 4 extension property
“(i) In general—In the case of round 4 extension property, in applying this paragraph to any taxpayer—
“(I) the limitation described in subparagraph (B)(i) and the business credit increase amount under subparagraph (E)(iii) thereof shall not apply, and
“(II) the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed separately from amounts computed with respect to eligible qualified property which is not round 4 extension property.
“(ii) Election
“(I) A taxpayer who has an election in effect under this paragraph for round 3 extension property shall be treated as having an election in effect for round 4 extension property unless the taxpayer elects to not have this paragraph apply to round 4 extension property.
“(II) A taxpayer who does not have an election in effect under this paragraph for round 3 extension property may elect to have this paragraph apply to round 4 extension property.
“(iii) 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 125(a) of the Tax Increase Prevention Act of 2014 (and the application of such extension to this paragraph pursuant to the amendment made by section 125(c) of such Act).”
Sec. 126 Extension of enhanced charitable deduction for contributions of food inventory
Sec. 127 Extension of increased expensing limitations and treatment of certain real property as section 179 property
Sec. 128 Extension of election to expense mine safety equipment
Sec. 129 Extension of special expensing rules for certain film and television productions
Sec. 130 Extension of deduction allowable with respect to income attributable to domestic production activities in Puerto Rico
Sec. 131 Extension of modification of tax treatment of certain payments to controlling exempt organizations
Sec. 132 Extension of treatment of certain dividends of regulated investment companies
Sec. 133 Extension of RIC qualified investment entity treatment under FIRPTA
Sec. 134 Extension of subpart F exception for active financing income
Sec. 135 Extension of look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules
Sec. 136 Extension of temporary exclusion of 100 percent of gain on certain small business stock
Sec. 137 Extension of basis adjustment to stock of S corporations making charitable contributions of property
Sec. 138 Extension of reduction in S-corporation recognition period for built-in gains tax
Sec. 139 Extension of empowerment zone tax incentives
Sec. 140 Extension of temporary increase in limit on cover over of rum excise taxes to Puerto Rico and the Virgin Islands
Sec. 141 Extension of American Samoa economic development credit
C Energy tax extenders
Sec. 151 Extension of credit for nonbusiness energy property
Sec. 152 Extension of second generation biofuel producer credit
Sec. 153 Extension of incentives for biodiesel and renewable diesel
Sec. 154 Extension of production credit for Indian coal facilities placed in service before 2009
Sec. 155 Extension of credits with respect to facilities producing energy from certain renewable resources
Sec. 156 Extension of credit for energy-efficient new homes
Sec. 157 Extension of special allowance for second generation biofuel plant property
Sec. 158 Extension of energy efficient commercial buildings deduction
Sec. 159 Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities
Sec. 160 Extension of excise tax credits relating to certain fuels
Sec. 161 Extension of credit for alternative fuel vehicle refueling property
D Extenders relating to multiemployer defined benefit pension plans
Sec. 171 Extension of automatic extension of amortization periods
Sec. 172 Extension of shortfall funding method and endangered and critical rules
II Technical Corrections
Sec. 201 Short title
Sec. 202 Amendments relating to American Taxpayer Relief Act of 2012
Sec. 203 Amendment relating to Middle Class Tax Relief and Job Creation Act of 2012
Sec. 204 Amendment relating to FAA Modernization and Reform Act of 2012
“4281. Small aircraft on nonestablished lines
“(a) In general—The taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less, except when such aircraft is operated on an established line or when such aircraft is a jet aircraft.
“(b) Maximum certificated takeoff weight—For purposes of this section, the term maximum certificated takeoff weight means the maximum such weight contained in the type certificate or airworthiness certificate.
“(c) Sightseeing—For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing.
“(d) Jet aircraft—For purposes of this section, the term jet aircraft shall not include any aircraft which is a rotorcraft or propeller aircraft.”
Sec. 205 Amendments relating to Regulated Investment Company Modernization Act of 2010
“(3) Excise tax
“(A) In general—Except as provided in subparagraph (B), for purposes of section 4982 of the Internal Revenue Code of 1986, paragraphs (1) and (2) shall apply by substituting “the 1-year periods taken into account under subsection (b)(1)(B) of such section with respect to calendar years beginning after December 31, 2010” for “taxable years beginning after the date of the enactment of this Act”.
“(B) Election—A regulated investment company may elect to apply subparagraph (A) by substituting “2011” for “2010”. Such election shall be made at such time and in such form and manner as the Secretary of the Treasury (or the Secretary's delegate) shall prescribe.”
“(C) Post-October capital loss—For purposes of this paragraph, the term post-October capital loss means—
“(i) any net capital loss attributable to the portion of the taxable year after October 31, or
“(ii) if there is no such loss—
“(I) any net long-term capital loss attributable to such portion of the taxable year, or
“(II) any net short-term capital loss attributable to such portion of the taxable year.
“(D) Late-year ordinary loss—For purposes of this paragraph, the term late-year ordinary loss means the sum of any post-October specified loss and any post-December ordinary loss.
“(E) Post-October specified loss—For purposes of this paragraph, the term post-October specified loss means the excess (if any) of—
“(i) the specified losses (as defined in section 4982(e)(5)(B)(ii)) attributable to the portion of the taxable year after October 31, over
“(ii) the specified gains (as defined in section 4982(e)(5)(B)(i)) attributable to such portion of the taxable year.
“(F) Post-December ordinary loss—For purposes of this paragraph, the term post-December ordinary loss means the excess (if any) of—
“(i) the ordinary losses not described in subparagraph (E)(i) and attributable to the portion of the taxable year after December 31, over
“(ii) the ordinary income not described in subparagraph (E)(ii) and attributable to such portion of the taxable year.”
Sec. 206 Amendments relating to Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010
“(iv) the day after the date set forth in section 1391(d)(1)(A)(i) were substituted for “January 1, 2010” each place it appears.”
Sec. 207 Amendments relating to Creating Small Business Jobs Act of 2010
Sec. 208 Clerical amendment relating to Hiring Incentives to Restore Employment Act
Sec. 209 Amendments relating to American Recovery and Reinvestment Tax Act of 2009
“(4) Special rule for certain years—In the case of any taxable year beginning after 2008 and before 2018, paragraph (1)(B)(i) shall be applied by substituting “$3,000” for “$10,000”.”
“(36) the portion of the qualified plug-in electric vehicle credit to which section 30(c)(1) applies, plus”
“(b) Effect of election—If the election provided in subsection (a) is in effect with respect to any credits for any taxable year—
“(1) the regulated investment company—
“(A) shall not be allowed such credits,
“(B) shall include in gross income (as interest) for such taxable year the amount which would have been so included with respect to such credits had the application of this section not been elected,
“(C) shall include in earnings and profits the amount so included in gross income, and
“(D) shall be treated as making one or more distributions of money with respect to its stock equal to the amount of such credits on the date or dates (on or after the applicable date for any such credit) during such taxable year (or following the close of the taxable year pursuant to section 855) selected by the company, and
“(2) each shareholder of such investment company shall—
“(A) be treated as receiving such shareholder’s proportionate share of any distribution of money which is treated as made by such investment company under paragraph (1)(D), and
“(B) be allowed credits against the tax imposed by this chapter equal to the amount of such distribution, subject to the provisions of this title applicable to the credit involved.”
“(c) Notice to shareholders—The amount treated as a distribution of money received by a shareholder under subsection (b)(2)(A) (and as credits allowed to such shareholder under subsection (b)(2)(B)) shall not exceed the amount so reported by the regulated investment company in a written statement furnished to such shareholder.”
“(e) Treatment of Possessions
“(1) Payments to mirror code possessions—The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of credits allowed under subsection (a) with respect to taxable years beginning in 2009. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.
“(2) Coordination with credit allowed against united states income taxes—No credit shall be allowed against United States income taxes for any taxable year under this section to any person to whom a credit is allowed against taxes imposed by the possession by reason of the credit allowed under subsection (a) for such taxable year.
“(3) Definitions and special rules
“(A) Possession of the united states—For purposes of this subsection, the term possession of the United States includes the Commonwealth of the Northern Mariana Islands.
“(B) Mirror code tax system—For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
“(C) Treatment of payments—For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by this Act).”
Sec. 210 Amendments relating to Energy Improvement and Extension Act of 2008
“(E) Coordination with section 45—No credit shall be allowed with respect to any coke or coke gas which is produced using steel industry fuel (as defined in section 45(c)(7)) as feedstock if a credit is allowed to any taxpayer under section 45 with respect to the production of such steel industry fuel.”
“(F) Trust Fund—The term Trust Fund means the Black Lung Disability Trust Fund established under section 9501 of the Internal Revenue Code of 1986.”
“(3) Separate accounts; election for treatment as single account
“(A) In general—Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection.
“(B) Average basis method—Notwithstanding paragraph (1), in the case of an election under rules similar to the rules of subsection (c)(2)(B) with respect to stock held in connection with a dividend reinvestment plan, the average basis method is permissible with respect to all such stock without regard to the date of the acquisition of such stock.”
“(6) Special rule for certain stock held in connection with dividend reinvestment plan—For purposes of this subsection, stock acquired before January 1, 2012, in connection with a dividend reinvestment plan shall be treated as stock described in clause (ii) of paragraph (3)(C) (unless the broker with respect to such stock elects not to have this paragraph apply with respect to such stock).”
Sec. 211 Amendments relating to Tax Extenders and Alternative Minimum Tax Relief Act of 2008
“(b) Effective date
“(1) In general—The amendment made by subsection (a) shall take effect on January 1, 2008. Notwithstanding the preceding sentence, such amendment shall not apply with respect to the withholding requirement under section 1445 of the Internal Revenue Code of 1986 for any payment made before October 4, 2008.
“(2) Amounts withheld on or before date of enactment—In the case of a regulated investment company—
“(A) which makes a distribution after December 31, 2007, and before October 4, 2008, and
“(B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect to such distribution under section 1445 of such Code,”
Sec. 212 Clerical amendments relating to Housing Assistance Tax Act of 2008
“(A) In general—The term”
Sec. 213 Amendments and provision relating to Heroes Earnings Assistance and Relief Tax Act of 2008
Sec. 214 Amendments relating to Economic Stimulus Act of 2008
“(Q) an omission of a correct valid identification number required under section 6428(h) (relating to 2008 recovery rebates for individuals) to be included on a return.”
Sec. 215 Amendments relating to Tax Technical Corrections Act of 2007
Sec. 216 Amendment relating to Tax Relief and Health Care Act of 2006
Sec. 217 Amendment relating to Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users
Sec. 218 Amendments relating to Energy Tax Incentives Act of 2005
“(1) Reduction in basis—For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)).”
Sec. 219 Amendments relating to American Jobs Creation Act of 2004
“(3) Coordination with section 199—This subsection shall be applied without regard to any deduction allowable under section 199.”
Sec. 220 Other clerical corrections
Sec. 221 Deadwood provisions
“(7) Special rule for certain brackets—In prescribing tables under paragraph (1) which apply to taxable years beginning in a calendar year after 1994, the cost-of-living adjustment used in making adjustments to the dollar amounts at which the 36 percent rate bracket begins or at which the 39.6 percent rate bracket begins shall be determined under paragraph (3) by substituting “1993” for “1992”.”
“(A) the basic standard deduction, and
“(B) the additional standard deduction.”
“(5) Federally declared disasters—For purposes of this subsection—
“(A) In general—The term Federally declared disaster means any disaster subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
“(B) Disaster area—The term disaster area means the area so determined to warrant such assistance.”
“(B)
“(i) with reference to the amount payable on maturity (or if it results in a smaller amortizable bond premium attributable to the period before the call date, with reference to the amount payable on the earlier call date), in the case of a bond described in subsection (a)(1), and
“(ii) with reference to the amount payable on maturity or on an earlier call date, in the case of a bond described in subsection (a)(2).”
“(A) Without consent—A taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred.”
“(1) Without consent—A taxpayer may, without the consent of the Secretary, adopt the method provided in this section for the taxpayer’s first taxable year for which expenditures described in subsection (a) are paid or incurred.”
“(7) Reference—For purposes of this section, any reference to section 179A shall be treated as a reference to such section as in effect immediately before its repeal.”
“(a) Allowance of deduction—There shall be allowed”
“(A) In general—The deductible amount is $5,000.”
“(ii) Applicable amount—For purposes of clause (i), the applicable amount is $1,000.”
“(i) In the case of a taxpayer filing a joint return, $80,000.
“(ii) In the case of any other taxpayer (other than a married individual filing a separate return), $50,000.”
“(5) Computation of deduction for dividends received—The deductions allowed by section 243 (relating to dividends received by corporations) and 245 (relating to dividends received from certain foreign corporations) shall be computed without regard to section 246(b) (relating to limitation on aggregate amount of deductions).”
“(1) In general—In the case of any dividend received from a 20-percent owned corporation, subsection (a)(1) shall be applied by substituting “80 percent” for “70 percent”.”
“(i) In general—For purposes of subparagraph (A)(ii), the applicable amount is $10,000.”
“(i) In the case of an applicable employer plan other than a plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $5,000.
“(ii) In the case of an applicable employer plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $2,500.”
“(3) Farming—For purposes of this subsection, the term farming has the meaning given to such term by section 464(e).
“(4) Limited entrepreneur—For purposes of this subsection, the term limited entrepreneur means a person who—
“(A) has an interest in an enterprise other than as a limited partner, and
“(B) does not actively participate in the management of such enterprise.”
“(e) Farming—For purposes of this section, the term farming means the cultivation of land or the raising or harvesting of any agricultural or horticultural commodity including the raising, shearing, feeding, caring for, training, and management of animals. For purposes of the preceding sentence, trees (other than trees bearing fruit or nuts) shall not be treated as an agricultural or horticultural commodity.”
“(1) General rule—An organization described in paragraph (17) or (18) of section 501(c), or described in section 401(a) and referred to in section 4975(g) (2) or (3), shall not be exempt from taxation under section 501(a) if it has engaged in a prohibited transaction.”
“(B) gains described in subsection (b) or (c) of section 631,”
“(i) In general—The exclusion amount for any calendar year is $80,000.”
“(2) in the case of an election under section 2032, its value at the applicable valuation date prescribed by such section,”
“(c) Special rule for certain obligations with respect to which original issue discount not currently includible
“(1) In general—On the sale or exchange of debt instruments issued by a government or political subdivision thereof after December 31, 1954, and before July 2, 1982, or by a corporation after December 31, 1954, and on or before May 27, 1969, any gain realized which does not exceed—
“(A) an amount equal to the original issue discount, or
“(B) if at the time of original issue there was no intention to call the debt instrument before maturity, an amount which bears the same ratio to the original issue discount as the number of complete months that the debt instrument was held by the taxpayer bears to the number of complete months from the date of original issue to the date of maturity, shall be considered as ordinary income.
“(2) Subsection (a)(2)(A) not to apply—Subsection (a)(2)(A) shall not apply to any debt instrument referred to in paragraph (1) of this subsection.
“(3) Cross reference—For current inclusion of original issue discount, see section 1272.”
“(II) $500,000.”
“(b) Tier 2 tax—In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee for services rendered by such employee.”
“(b) Tier 2 tax—In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee representative for services rendered by such employee representative.”
“(b) Tier 2 tax—In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the percentage determined under section 3241 for any calendar year of the compensation paid during such calendar year by such employer for services rendered to such employer.”
“(3) Coordination with other electronic fund transfer requirements—Under regulations, any tax required to be paid by electronic fund transfer under section 5061(e) or 5703(b) shall be paid in such a manner as to ensure that the requirements of the second sentence of paragraph (1)(A) of this subsection are satisfied.”