S.Amdt. 1754Senate115th Congress (2017-2019)2nd degree
S.Amdt. 1754
Sponsored by
Sen. Steve Daines (R-MT)
Submitted November 30, 2017
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Senate amendment submitted
November 30, 2017
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Submitted
SA 1754. Mr. DAINES 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: Strike section 11042 and insert the following: SEC. 11042. MODIFICATION OF DEDUCTION FOR STATE AND LOCAL, ETC. TAXES. (a) In General.-- (1) Individuals and corporations.--Subsection (b) of section 164 is amended by adding at the end the following new paragraph: ``(6) Modification of deductions for certain taxable years.-- ``(A) Individuals.--In the case of an individual and a taxable year beginning after December 31, 2017, and before January 1, 2026-- ``(i) paragraphs (1) and (2) of subsection (a) shall not apply to any real property or personal property taxes, other than taxes which [[Page S7610]] are paid or accrued in carrying on a trade or business or an activity described in section 212, and ``(ii) subsection (a)(3) shall not apply to any State or local taxes. ``(B) Corporations.--In the case of a corporation and a taxable year beginning after December 31, 2019-- ``(i) subsection (a)(3) shall not apply to any State or local taxes, and ``(ii) 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) Elimination of Deduction for State and Local Taxes.-- In the case of a corporation and a taxable year beginning after December 31, 2019, 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 section shall apply to taxable years beginning after December 31, 2017. (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 ``22.4 percent'', and (B) in paragraphs (1)(B) and (2)(A) of subsection (b), by striking ``17.4 percent'' each place it appears and inserting ``22.4 percent''. (2) Effective date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. (c) Taxpayer Refund Program.-- (1) In general.--The Secretary of the Treasury shall implement a program under which taxpayers who have paid a penalty under section 5000A of the Internal Revenue Code of 1986 for any taxable year beginning after December 31, 2013, and before January 1, 2016, receive 1 payment in refund of all such penalties paid, without regard to whether or not an amended return is filed. Such payment shall be made not later than April 15, 2018. (2) Waiver of statute of limitations.--Solely for purposes of claiming the refund under paragraph (1), the period prescribed by section 6511(a) of the Internal Revenue Code of 1986 with respect to any payment of a penalty under section 5000A shall be extended until the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes December 31, 2017. (d) Child Tax Credit for Pregnant Women.-- (1) In general.--Subsection (h) of section 24, as added by section 11022 of this Act, is amended by striking paragraphs (4) through (8) and inserting the following: ``(4) Partial credit allowed for certain other dependents.-- ``(A) In general.--The credit determined under subsection (a) (after the application of paragraph (2)) shall be increased by $500 for each dependent of the taxpayer (as defined in section 152) other than a qualifying child described in subsection (c). ``(B) Exception for certain noncitizens.--Subparagraph (A) shall not apply with respect to any individual who would not be a dependent if subparagraph (A) of section 152(b)(3) were applied without regard to all that follows `resident of the United States'. ``(5) Maximum amount of refundable credit.-- ``(A) In general.--Subsection (d)(1)(A) shall be applied without regard to paragraphs (2) and (5) of this subsection. ``(B) Adjustment for inflation.--In the case of a taxable year beginning after 2017, subsection (d)(1)(A) shall be applied as if the $1,000 amount in subsection (a) were increased (but not to exceed the amount under paragraph (2) of this subsection) by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins. Any increase determined under the preceding sentence shall be rounded to the next highest multiple of $100. ``(6) Earned income threshold for refundable credit.-- Subsection (d)(1)(B)(i) shall be applied by substituting `$2,500' for `$3,000'. ``(7) Social security number required.--No credit shall be allowed under subsection (d) to a taxpayer with respect to any qualifying child unless the taxpayer includes the social security number of such child on the return of tax for the taxable year. For purposes of the preceding sentence, the term `social security number' means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued to a citizen of the United States or is issued pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act. ``(8) Credit allowed with respect to unborn children.-- ``(A) In general.--The term `qualifying child' includes an unborn child (as defined in section 1841(d) of title 18, United States Code) for any such taxable year if such child is born and issued a social security number (as defined in subsection (h)(7)) before the due date for the return of tax (without regard to extensions) for the taxable year. ``(B) Double credit in case of children unable to claim credit.--In the case of any child born during a taxable year described in paragraph (1) who is not taken into account under subparagraph (A) for the taxable year immediately preceding the taxable year in which the child is born, the amount of the credit determined under this section with respect to such child for the taxable year of the child's birth shall be increased by 100 percent.''. (2) Effective date.--The amendments made by this subsection shall take effect as if included in the amendments made by section 11022 of this Act. ______