S.Amdt. 3079
What it does: Rewrites section 138 of section 137What it changes
1 change to H.R. 3474
Rewrites section 138 of section 137
ReplacesRemoves section 138 of section 137.
Inserted: SEC. 137. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.
Inserted: (a) In General.--Section 1367(a)(2) is amended by striking the last sentence.
Inserted: (b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2013.
Inserted: SEC. 138. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS OF S CORPORATIONS MADE PERMANENT.
Inserted: (a) In General.--Paragraph (7) of section 1374(d) is amended to read as follows:
Inserted: "(7) Recognition period.--
Inserted: "(A) In general.--The term recognition period means the 5-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence shall be applied without regard to the phrase 5-year.
Inserted: "(B) Installment sales.--If an S corporation sells an asset and reports the income from the sale using the installment method under section 453, the treatment of all payments received shall be governed by the provisions of this paragraph applicable to the taxable year in which such sale was made.".
Inserted: (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013.
Original wording
Strike sections 137 and 138 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3079. Mr. THUNE (for himself, Mr. Cardin, and Mr. Roberts) submitted an amendment intended to be proposed by him to the bill H.R. 3474, to amend the Internal Revenue Code of 1986 to allow employers to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of the employer mandate under the Patient Protection and Affordable Care Act; which was ordered to lie on the table; as follows:
Strike sections 137 and 138 and insert the following:
SEC. 137. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.
(a) In General.--Section 1367(a)(2) is amended by striking the last sentence.
(b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2013.
SEC. 138. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS OF S CORPORATIONS MADE PERMANENT.
(a) In General.--Paragraph (7) of section 1374(d) is amended to read as follows:
“(7) Recognition period.--
“(A) In general.--The term recognition period means the 5-year period beginning with the 1st day of the 1st taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence shall be applied without regard to the phrase 5-year.
“(B) Installment sales.--If an S corporation sells an asset and reports the income from the sale using the installment method under section 453, the treatment of all payments received shall be governed by the provisions of this paragraph applicable to the taxable year in which such sale was made.”.
(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2013.
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Senate amendment submitted
May 14, 2014