S.Amdt. 1825Senate115th Congress (2017-2019)2nd degree
S.Amdt. 1825
Sponsored by
Sen. John Hoeven (R-ND)
Submitted December 1, 2017
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Senate amendment submitted
December 1, 2017
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Submitted
SA 1825. Mr. HOEVEN (for himself, Mr. Gardner, Mr. Boozman, Mrs. Ernst, Mr. Blunt, Mr. Risch, Mr. Rounds, Mr. Moran, Mr. Cotton, and 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 13305 and insert the following: SEC. 13305. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES FOR FARMING BUSINESSES. (a) Limitation.-- (1) In general.--Section 199 is amended-- (A) in subsection (a), by striking ``There shall be'' and inserting ``Subject to subsection (e), there shall be''; and (B) by adding at the end the following new subsection: ``(e) Limitation.--Effective with taxable years beginning after December 31, 2018, the deduction for income attributable to domestic production activities provided under this section shall be allowed only with respect to domestic production activities incurred in any farming trade or business, including with respect to any agricultural and horticultural cooperative described in subsection (d).''. (2) Administration.--Until the date on which any regulations necessary to carry out the provisions of and amendments made by this subsection are fully implemented, the Secretary shall continue to carry out section 199 of the Internal Revenue Code of 1986 in the same manner as on the day before the date of enactment of this Act, including with respect to agricultural and horticultural cooperatives, except that deductions allowed under such section shall be allowed consistent with subsection (e) of such section (as added by paragraph (1)). (b) Tax on Certain Farmers' Cooperatives.-- (1) In general.--Section 1381(b) is amended to read as follows: ``(b) Tax on Certain Farmers' Cooperatives.--An organization described in subsection (a)(1) shall be subject to the tax imposed by section 11, except that in the case of an organization eligible for a deduction under section 199 for the taxable year by reason of subsection (e) thereof, section 11(b) shall be applied by substituting `35 percent' for `20 percent'.''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2018. (c) Repeal of Special Rule for Deduction for Qualified Cooperative Dividends.-- (1) In general.--Section 199A, as added by section 11011 of this Act is amended -- (A) by striking ``and qualified cooperative dividends'' in subsection (b)(1)(B) thereof, and (B) by striking paragraph (4) of subsection (e) thereof. (2) Effective date.--The amendments made by this section shall apply as if included in the amendments made by section 11011 of this Act. ______