S.Amdt. 2318Senate117th Congress (2021-2023)2nd degree
S.Amdt. 2318
Sponsored by
Sen. John Hoeven (R-ND)
Submitted August 3, 2021
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Senate amendment submitted
August 3, 2021
Text
Submitted
SA 2318. Mr. HOEVEN (for himself and Mr. Cramer) submitted an amendment intended to be proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in division H, insert the following: SEC. __. ELECTIVE PAYMENT FOR CARBON OXIDE SEQUESTRATION. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6431. ELECTIVE PAYMENT FOR CARBON OXIDE SEQUESTRATION. ``(a) Energy Property.--In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this section with respect to any portion of a carbon oxide sequestration credit which would (without regard to this section) be determined under section 45Q with respect to such taxpayer, such taxpayer shall be treated as making a payment against the tax imposed by subtitle A for the taxable year equal to the amount of such portion. ``(b) Timing.--The payment described in subsection (a) shall be treated as made on the later of the due date of the return of tax for such taxable year or the date on which such return is filed. ``(c) Exclusion From Gross Income.--Gross income of the taxpayer shall be determined without regard to this section. ``(d) Denial of Double Benefit.--Solely for purposes of section 38, in the case of a taxpayer making an election under this section, the carbon oxide sequestration credit determined under section 45Q shall be reduced by the amount of the portion of such credit with respect to which the taxpayer makes such election.''. (b) Special Rule for Proceeds of Transfers for Mutual or Cooperative Electric Companies.--Section 501(c)(12)(I) of the Internal Revenue Code of 1986 is amended by inserting ``or 6431(a)'' after ``section 45J(e)(1)''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Elective payment for carbon oxide sequestration.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. ______