S.Amdt. 595Senate109th Congress (2005-2007)
S.Amdt. 595
Sponsored by
Sen. Barack Obama (D-IL)
Submitted April 28, 2005
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Senate amendment submitted
April 28, 2005
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Submitted
SA 595. Mr. OBAMA submitted an amendment intended to be proposed by him to the bill H.R. 3, Reserved; which was ordered to lie on the table; as follows: At the appropriate place in title V insert the following: SEC. __. INCENTIVES FOR THE INSTALLATION OF ALTERNATIVE FUEL REFUELING STATIONS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the installation of qualified alternative fuel vehicle refueling property. ``(b) Limitation.-- ``(1) In general.--The credit allowed under subsection (a)-- ``(A) with respect to any retail alternative fuel vehicle refueling property, shall not exceed $30,000, and ``(B) with respect to any residential alternative fuel vehicle refueling property, shall not exceed $1,000. ``(2) Phaseout.-- ``(A) In general.--In the case of any qualified alternative fuel vehicle refueling property placed in service after December 31, 2010, the limit otherwise applicable under paragraph (1) shall be reduced by-- ``(i) 25 percent in the case of any alternative fuel vehicle refueling property placed in service in calendar year 2011, and ``(ii) 50 percent in the case of any alternative fuel vehicle refueling property placed in service in calendar year 2012. ``(c) Year Credit Allowed.--The credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified alternative fuel vehicle refueling property is placed in service by the taxpayer. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified alternative fuel vehicle refueling property.--The term `qualified alternative fuel vehicle refueling property' has the same meaning given for clean-fuel vehicle refueling property by section 179A(d), but only with respect to any fuel at least 85 percent of the volume of which consists of ethanol. ``(2) Residential alternative fuel vehicle refueling property.--The term `residential alternative fuel vehicle refueling property' means qualified alternative fuel vehicle refueling property which is installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer. ``(3) Retail alternative fuel vehicle refueling property.-- The term `retail alternative fuel vehicle refueling property' means qualified alternative fuel vehicle refueling property which is installed on property (other than property described in paragraph (2)) used in a trade or business of the taxpayer. ``(e) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(2) the tentative minimum tax for the taxable year. ``(f) Basis Reduction.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(g) No Double Benefit.--No deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). ``(h) Refueling Property Installed for Tax-exempt Entities.--In the case of qualified alternative fuel vehicle refueling property installed on property owned or used by an entity exempt from tax under this chapter, the person which installs such refueling property for the entity shall be treated as the taxpayer with respect to the refueling property for purposes of this section (and such refueling property shall be treated as retail alternative fuel vehicle refueling property) and the credit shall be allowed to such person, but only if the person clearly discloses to the entity in any installation contract the specific amount of the credit allowable under this section. ``(i) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (e) for such taxable year (referred to as the `unused credit year' in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). ``(j) Special Rules.--Rules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. ``(k) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(l) Termination.--This section shall not apply to any property placed in service after December 31, 2013.''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(f).''. (2) Section 55(c)(2) is amended by inserting ``30B(e),'' after ``30(b)(3),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Alternative fuel vehicle refueling property credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. ______