Division P — Tax-Related Provisions

114th Congress · Approved Dec 18, 2015 · 129 Stat. 2242

DIVISION P Tax-Related Provisions

SEC. 1. Table of Contents.

The table of contents for this division is as follows:

Sec. 1. Table of contents.

TITLE I— HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE TAX PROVISIONS

Sec. 101. Delay of excise tax on high cost employer-sponsored health coverage.

Sec. 102. Deductibility of excise tax on high cost employer-sponsored health coverage.

Sec. 103. Study on suitable benchmarks for age and gender adjustment of excise tax on high cost employer-sponsored health coverage.

TITLE II— ANNUAL FEE ON HEALTH INSURANCE PROVIDERS

Sec. 201. Moratorium on annual fee on health insurance providers.

TITLE III— MISCELLANEOUS PROVISIONS

Sec. 301. Extension and phaseout of credits for wind facilities.

Sec. 302. Extension of election to treat qualified facilities as energy property.

Sec. 303. Extension and phaseout of solar energy credit.

Sec. 304. Extension and phaseout of credits with respect to qualified solar electric property and qualified solar water heating property.

Sec. 305. Treatment of transportation costs of independent refiners.

TITLE I High Cost Employer-Sponsored Health Coverage Excise Tax Provisions

SEC. 101. Delay of Excise Tax on High Cost Employer-Sponsored Health Coverage.

(a)

In General.— Sections 9001(c) and 10901(c) of the Patient Protection and Affordable Care Act, as amended by section 1401(b) of the Health Care and Education Reconciliation Act of 2010, are each amended by striking “ 2017” and inserting “ 2019”.

(b)

Conforming Amendment.— Clause (v) of section 4980I(b)(3)(C) of the Internal Revenue Code of 1986 is amended—

(1)

by striking “ as in effect” and inserting “ as determined for”, and

(2)

by striking “ as so in effect” and inserting “ as so determined”.

SEC. 102. Deductibility of Excise Tax on High Cost Employer-Sponsored Health Coverage.

Paragraph (10) of section 4980I(f) of the Internal Revenue Code of 1986 is amended to read as follows:

“(10) Deductibility of tax.—Section 275(a)(6) shall not apply to the tax imposed by subsection (a).”

SEC. 103. Study on Suitable Benchmarks for Age and Gender Adjustment of Excise Tax on High Cost Employer-Sponsored Health Coverage.

Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States, in consultation with the National Association of Insurance Commissioners, shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on—

(1)

the suitability of the use (in effect under section 4980I(b)(3)(C)(iii)(II) of the Internal Revenue Code of 1986 as of the date of the enactment of this Act) of the premium cost of the Blue Cross/Blue Shield standard benefit option under the Federal Employees Health Benefits Plan as a benchmark for the age and gender adjustment of the applicable dollar limit with respect to the excise tax on high cost employer-sponsored health coverage under section 4980I of the Internal Revenue Code of 1986; and

(2)

recommendations regarding any more suitable benchmarks for such age and gender adjustment.

TITLE II Annual Fee on Health Insurance Providers

SEC. 201. Moratorium on Annual Fee on Health Insurance Providers.

Subsection (j) of section 9010 of the Patient Protection and Affordable Care Act is amended to read as follows:

“(j) Effective Date.—This section shall apply to calendar years—

“(1) beginning after December 31, 2013, and ending before January 1, 2017, and

“(2) beginning after December 31, 2017.”

TITLE III Miscellaneous Provisions

SEC. 301. Extension and Phaseout of Credits for Wind Facilities.

(a)

In General.—

(1)

Extension.— Paragraph (1) of section 45(d) of the Internal Revenue Code of 1986 is amended by striking “ January 1, 2015” and inserting “ January 1, 2020”.

(2)

Phaseout.— Subsection (b) of section 45 of such Code is amended by adding at the end the following new paragraph:

“(5) Phaseout of credit for wind facilities.—In the case of any facility using wind to produce electricity, the amount of the credit determined under subsection (a) (determined after the application of paragraphs (1), (2), and (3) and without regard to this paragraph) shall be reduced by—

“(A) in the case of any facility the construction of which begins after December 31, 2016, and before January 1, 2018, 20 percent,

“(B) in the case of any facility the construction of which begins after December 31, 2017, and before January 1, 2019, 40 percent, and

“(C) in the case of any facility the construction of which begins after December 31, 2018, and before January 1, 2020, 60 percent.”

(b)

Effective Date.— The amendments made by this section shall take effect on January 1, 2015.

SEC. 302. Extension of Election to Treat Qualified Facilities as Energy Property.

(a)

In General.— Clause (ii) of section 48(a)(5)(C) is amended by inserting “ (January 1, 2020, in the case of any facility which is described in paragraph (1) of section 45(d))” before “ , and”.

(b)

Phaseout for Wind Facilities.— Paragraph (5) of section 48(a) is amended by adding at the end the following new subparagraph:

“(E) Phaseout of credit for wind facilities.—In the case of any facility using wind to produce electricity, the amount of the credit determined under this section (determined after the application of paragraphs (1) and (2) and without regard to this subparagraph) shall be reduced by—

“(i) in the case of any facility the construction of which begins after December 31, 2016, and before January 1, 2018, 20 percent,

“(ii) in the case of any facility the construction of which begins after December 31, 2017, and before January 1, 2019, 40 percent, and

“(iii) in the case of any facility the construction of which begins after December 31, 2018, and before January 1, 2020, 60 percent.”

(c)

Effective Date.— The amendments made by this section shall take effect on January 1, 2015.

SEC. 303. Extension and Phaseout of Solar Energy Credit.

(a)

Extension.— Subclause (II) of section 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking “ periods ending before January 1, 2017” and inserting “ property the construction of which begins before January 1, 2022”.

(b)

Phaseout for Solar Energy Property.— Subsection (a) of section 48 of such Code is amended by adding at the end the following new paragraph:

“(6) Phaseout for solar energy property.—

“(A) In general.—Subject to subparagraph (B), in the case of any energy property described in paragraph (3)(A)(i) the construction of which begins before January 1, 2022, the energy percentage determined under paragraph (2) shall be equal to—

“(i) in the case of any property the construction of which begins after December 31, 2019, and before January 1, 2021, 26 percent, and

“(ii) in the case of any property the construction of which begins after December 31, 2020, and before January 1, 2022, 22 percent.

“(B) Placed in service deadline.—In the case of any property energy property described in paragraph (3)(A)(i) the construction of which begins before January 1, 2022, and which is not placed in service before January 1, 2024, the energy percentage determined under paragraph (2) shall be equal to 10 percent.”

(c)

Conforming Amendment.— Subparagraph (A) of section 48(a)(2) of such Code is amended by striking “ The energy percentage” and inserting “ Except as provided in paragraph (6), the energy percentage”.

(d)

Effective Date.— The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 304. Extension and Phaseout of Credits with Respect to Qualified Solar Electric Property and Qualified Solar Water Heating Property.

(a)

In General.— Section 25D of the Internal Revenue Code of 1986 is amended—

(1)

in paragraphs (1) and (2) of subsection (a), by striking “ 30 percent” each place it appears and inserting “ the applicable percentage”,

(2)

in subsection (g), by inserting “ (December 31, 2021, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)” before the period at the end,

(3)

by redesignating subsection (g), as amended by paragraph (2), as subsection (h), and

(4)

by inserting after subsection (f) the following new subsection:

“(g) Applicable Percentage.—For purposes of paragraphs (1) and (2) of subsection (a), the applicable percentage shall be—

“(1) in the case of property placed in service after December 31, 2016, and before January 1, 2020, 30 percent,

“(2) in the case of property placed in service after December 31, 2019, and before January 1, 2021, 26 percent, and

“(3) in the case of property placed in service after December 31, 2020, and before January 1, 2022, 22 percent.”

(b)

Effective Date.— The amendments made by this section shall take effect on January 1, 2017.

SEC. 305. Treatment of Transportation Costs of Independent Refiners.

(a)

In General.— Paragraph (3) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

“(C) Transportation costs of independent refiners.—

“(i) In general.—In the case of any taxpayer who is in the trade or business of refining crude oil and who is not a major integrated oil company (as defined in section 167(h)(5)(B), determined without regard to clause (iii) thereof) for the taxable year, in computing oil related qualified production activities income under subsection (d)(9)(B), the amount allocated to domestic production gross receipts under paragraph (1)(B) for costs related to the transportation of oil shall be 25 percent of the amount properly allocable under such paragraph (determined without regard to this subparagraph).

“(ii) Termination.—Clause (i) shall not apply to any taxable year beginning after December 31, 2021.”

(b)

Effective Date.— The amendment made by this section shall apply to taxable years beginning after December 31, 2015.

Division P — Tax-Related Provisions