Section 1 Short title
This Act may be cited as the “Advancing Capital for Critical Energy Supply and Security Act” or the “ACCESS Act”.
Advancing Capital for Critical Energy Supply and Security Act
A BILL
To amend the Internal Revenue Code of 1986 to modernize rules related to publicly traded partnerships, and for other purposes.
Sec. 2 Modernization of rules related to publicly traded partnerships
Exclusion of certain publicly traded classes of units from unrelated business taxable income— Section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(20) Treatment of publicly traded classes of units of publicly traded partnerships—There shall be excluded any income, gain, deduction, loss, or credit attributable to publicly traded classes of units of a publicly traded partnership (as defined in section 7704(b)) which is not treated as a corporation under section 7704(c), provided that the beneficial owner of such publicly traded classes of units owns (or is considered as owning within the meaning of section 318) less than 5 percent of the capital or profits of such publicly traded partnership.”
Modification of 25 percent asset test for regulated investment companies— Section 851(b)(3)(B) of such Code is amended—
in clause (i), by adding “or” at the end,
in clause (ii), by striking “, or” at the end and inserting a period, and
by striking clause (iii).
Elimination of separate application of passive activity rules in case of publicly traded partnerships— Section 469 of such Code is amended by striking subsection (k) and by redesignating subsection (l) as subsection (k).
Certain interests in publicly traded partnerships not treated as effectively connected income—
In general— Section 864(c)(8) of such Code is amended by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively, and by inserting after subparagraph (B) the following new subparagraph:
“(C) Exception for certain interests in publicly traded partnerships—Subparagraph (A) shall not apply in the case of a partner’s sale or exchange of a class of partnership interest which is regularly traded on an established securities exchange, but only if at all times during the 5-year period ending on the date of such sale or exchange, the partner held not more than 10 percent of such class.”
Withholding requirements— Section 1446(f)(1) of such Code is amended by inserting “, other than a class of partnership interest which is regularly traded on an established securities exchange,” after “interest in a partnership”.
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2026.