S.Amdt. 1691Senate115th Congress (2017-2019)2nd degree
S.Amdt. 1691
Sponsored by
Sen. Ron Johnson (R-WI)
Submitted November 30, 2017
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Senate amendment submitted
November 30, 2017
Text
Submitted
SA 1691. Mr. JOHNSON (for himself and Mr. Graham) 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 end of part V of subtitle A of title I, insert the following: SEC. 11052. SUSPENSION OF CORPORATE DEDUCTION FOR STATE AND LOCAL INCOME TAXES. (a) Corporate State and Local Income Taxes.-- (1) In general. Paragraph (6) of section 164(b), as added by section 11042(a) of this Act, is amended-- [[Page S7590]] (A) in the heading, by striking ``INDIVIDUAL'', (B) in the matter preceding subparagraph (A), by striking ``an individual and'', and (C) in subparagraph (A)-- (1) by inserting ``in the ease of all individual,'' before ``paragraphs (1) and (2)'', and (ii) by striking ``and'' at the end, (D) in subparagraph (B), by striking the period and inserting ``, and'', and (E) by adding at the end the following new subparagraph: ``(C) in the case of a corporation, the second sentence of subsection (a) shall not apply.''. (2) Trade or business expense.--Section 162, as amended by sections 13307, 13308, and 13531 of this Act, is amended by redesignating subsection (t) as subsection (u) and by inserting after subsection (s) the following new subsection: ``(t) Suspension of Deduction for State and Local Taxes.-- --In the case of a corporation and a taxable year beginning after December 31, 2017, and before January 1, 2026, no deduction otherwise allowable under this section shall be allowed for any State or local income, war profits, and excess profits taxes (as described in section 164(a)(3)).''. (3) Effective date.--The amendments made by this subsection shall take effect as if included in the amendment made by section 11042(a) of this Act. (b) Increase in Rate for Deduction for Qualified Business Income of Pass-thru Entities.-- (1) In general.--Section 199A of the Internal Revenue Code of 1986, as added by section 11011 of this Act, is amended-- (A) in paragraph (2) of subsection (a), by striking ``17.4 percent'' and inserting ``the applicable percentage (as determined under subsection (g))'', and (B) in paragraphs (1)(B) and (2)(A) of subsection (b), by striking ``17.4 percent'' each place it appears and inserting ``the applicable percentage (as determined under subsection (g))''. (2) Applicable percentage.--Section 199A of the Internal Revenue Code of 1986, as added by section 11011 of this Act, is amended-- (A) by redesignating subsection (g) as subsection (h), and (B) by inserting after subsection (f) the following new subsection: ``(g) Applicable Percentage.-- ``(1) In general.--For purposes of this section, the applicable percentage shall be equal to the sum of 17.4 percent plus the additional percentage (as determined under paragraph (2)). ``(2) Additional percentage.--The additional percentage shall be the amount (expressed as a percentage) which is determined by the Secretary to permit an increase in the deduction allowed under this section in an amount equal to the increase in revenue resulting from the amendments made by subsection (a) of section 11052 of the Tax Cuts and Jobs Act.''. (3) Effective date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. ______