S.Amdt. 1837Senate115th Congress (2017-2019)2nd degree
S.Amdt. 1837
Sponsored by
Sen. James M. Inhofe (R-OK)
Submitted December 1, 2017
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Senate amendment submitted
December 1, 2017
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Submitted
SA 1837. Mr. INHOFE 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. __. ONE-TIME WITHDRAWAL OF PENSION SAVINGS AT A 10- PERCENT TAX RATE. (a) In General.--Section 72 is amended by redesignating subsection (x) as subsection (y) and by inserting after subsection (w) the following new subsection: ``(x) Special Rate for Distributions From Applicable Plans During 2018.-- ``(1) In general.--If a taxpayer receives 1 or more qualified distributions from 1 or more applicable retirement plans during the taxpayer's first taxable year beginning after December 31, 2017, then, notwithstanding any other provision of this title-- ``(A) the tax imposed by this chapter for such taxable year shall, in lieu of the tax otherwise imposed by this chapter, be equal to the sum of-- ``(i) a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by the aggregate qualified distributions of the taxpayer, plus ``(ii) a tax of 10 percent of such qualified distributions (or, if less, taxable income), and ``(B) no penalty or addition to tax shall be imposed with respect to such qualified distributions. ``(2) Qualified distribution.--For purposes of this subsection-- ``(A) In general.--The term `qualified distribution' means, with respect to any applicable retirement plan, any applicable distribution received by a taxpayer from the plan to the extent that such distribution, when added to all other applicable distributions received by the taxpayer from the plan during such taxable year, does not exceed 25 percent of the aggregate balance to the credit of the individual (whether as a participant, owner, or beneficiary) in the plan (determined as of the close of the calendar year preceding the calendar year in which the taxable year begins). ``(B) Applicable distribution.-- ``(i) In general.--The term `applicable distribution' means any distribution received by a taxpayer from an applicable retirement plan which is includible in gross income of the taxpayer. ``(ii) Exception for required distributions.--Such term shall not include any minimum required distribution (as defined in section 4974(b)) from an applicable retirement plan for any taxable year and the 25-percent amount under subparagraph (A) shall be reduced by the amount of such distributions. ``(C) Aggregation.--A taxpayer may elect to treat all applicable retirement plans as 1 plan for purposes of applying this section and may allocate qualified distributions among such plans in such manner as specified in the election. ``(3) Applicable retirement plan.--The term `applicable retirement plan' means-- ``(A) a defined contribution plan to which section 401(a) or 403(a) applies, ``(B) an annuity contract under section 403(b), ``(C) an eligible deferred compensation plan described in section 457(b) which is maintained by an eligible employer described in section 457(e)(1)(A), or ``(D) an individual retirement plan.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. ______