S.Amdt. 1662

SA 1662. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 1618 proposed by Mr. McConnell (for Mr. Hatch (for
himself and Ms. Murkowski)) to the bill H.R. 1, to provide for
reconciliation pursuant to titles II and V of the concurrent resolution
on the budget for fiscal year 2018; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. ____. NEW BUSINESS EXPENDITURES.

(a) In General.--Subsections (a) and (b) of section 195 are
both amended by inserting ``and organizational'' after
``start-up'' each place it appears.
(b) Organizational Expenditures.--Subsection (c) of section
195 is amended by adding at the end the following new
paragraph:
``(3) Organizational expenditures.--The term
`organizational expenditures' means any expenditure which--
``(A) is incident to the creation of a corporation or a
partnership,
``(B) is chargeable to capital account, and
``(C) is of a character which, if expended incident to the
creation of a corporation or a partnership having a limited
life, would be amortizable over such life.''.
(c) Dollar Amounts.--Clause (ii) of section 195(b)(1)(A) is
amended--
(1) by striking ``$5,000'' and inserting ``$20,000''; and
(2) by striking ``$50,000'' and inserting ``$120,000''.
(d) Amortization Treatment.--Subparagraph (B) of section
195(b)(1), as amended by subsection (a), is amended to read
as follows:
``(B) the remainder of such start-up and organizational
expenditures shall be charged to capital account and allowed
as an amortization deduction determined by amortizing such
expenditures ratably over the 15-year period beginning with
the midpoint of the taxable year in which the active trade or
business begins.''.
(e) Conforming Amendments.--
(1) Section 195(b)(1) is amended--
(A) by inserting ``(or, in the case of a partnership, the
partnership elects)'' after ``If a taxpayer elects''; and
(B) by inserting ``(or the partnership, as the case may
be)'' after ``the taxpayer'' in subparagraph (A).
(2) Section 195(b)(2) is amended--
(A) by striking ``amortization period.--In any case'' and
inserting the following: ``amortization period.--
``(A) In general.--In any case''; and
(B) by adding at the end the following new subparagraph:
``(B) Special partnership rule.--In the case of a
partnership, subparagraph (A) shall be applied at the
partnership level.''.
(3) Section 195(b) is amended by striking paragraph (3).
(4)(A) Part VIII of subchapter B of chapter 1 of such Code
is amended by striking section 248 (and by striking the item
relating to such section in the table of sections for such
part).
(B) Section 170(b)(2)(C)(ii) is amended by striking
``(except section 248)''.
(C) Section 312(n)(3) is amended by striking ``Sections 173
and 248'' and inserting ``Section 173''.
(D) Section 535(b)(3) is amended by striking ``(except
section 248)''.
(E) Section 545(b)(3) is amended by striking ``(except
section 248)''.
(F) Section 834(c)(7) is amended by striking ``(except
section 248)''.
(G) Section 852(b)(2)(C) is amended by striking ``(except
section 248)''.
(H) Section 857(b)(2)(A) is amended by striking ``(except
section 248)''.
(I) Section 1363(b) is amended by inserting ``and'' at the
end of paragraph (2), by striking paragraph (3), and by
redesignating paragraph (4) as paragraph (3).
(J) Section 1375(b)(1)(B)(i) is amended by striking
``(other than the deduction allowed by section 248, relating
to organization expenditures)''.
(5) Part I of subchapter K of chapter 1 is amended by
striking section 709 (and by striking the item relating to
such section in the table of sections for such part).
(6) The heading of section 195 (and the item relating to
such section in the table of sections for part VI of
subchapter B of chapter 1 of such Code) are each amended by
inserting ``and organizational'' after ``Start-up''.
(f) Effective Date.--The amendments made by this section
shall apply to expenses paid or incurred in taxable years
beginning after December 31, 2017.
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