S. 842Senate108th Congress (2003-2005)In Committee

Affordable Small Business Stimulus and Simplification Act of 2003

Introduced April 9, 2003

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

April 9, 2003

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SenateIntro Referral

Introduced in Senate

April 9, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S5075-5076)

April 9, 2003

SenateIntro Referral

Read twice and referred to the Committee on Finance.

April 9, 2003

Floor Debate

21 members

What members said about S. 842 on the floor

9 Republicans12 Democrats
John F. Kerry
Sen. John F. KerryD-MA · Nov 18, 2003

Mr. President, I come to the floor today to introduce three bills to address the growing needs of small manufacturers, to stimulate the manufacturing sector of our economy, and to put back to work…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Apr 9, 2003

Mr. President, today I am introducing a package of five measures to sustain and, indeed, renew the Federal commitment to restoring the water quality and living resources of the Chesapeake Bay…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Nov 18, 2003

Mr. President, I rise today to introduce legislation that would increase the likelihood that citizens who live on the American frontier and in other sparsely populated areas will have access to…

John F. Kerry
Sen. John F. KerryD-MA · Apr 9, 2003

Mr. President, today I am introducing a package of targeted, affordable tax relief provisions designed to help the Nation's small businesses during this time of economic stagnation. After the Easter…

John F. Kerry
Sen. John F. KerryD-MA · Apr 9, 2003

Mr. President, today I am introducing a package of targeted, affordable tax relief provisions designed to help the Nation's small businesses during this time of economic stagnation. After the Easter…

Show 8 more
Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Nov 18, 2003

Mr. President, I rise to introduce the Mammography Quality Standards Reauthorization Act of 2003. I am pleased to be joined in introducing this bill by Senator Ensign and our bipartisan cosponsors.…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Nov 18, 2003

Mr. President, today I am introducing legislation to establish a special Blue Ribbon Commission on Chesapeake Bay Nutrient Pollution Control Financing. Joining me in sponsoring this measure are my…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Apr 9, 2003

Mr. President, I rise today to offer a private bill on behalf of Tanya Andrea Goudeau and her family to grant Tanya immediate relative status. The Goudeaus adopted Tanya in 2001, but due to…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Apr 9, 2003

Mr. President, I rise today with my Finance Committee colleague, Senator Lincoln, to introduce the The Mortgage Insurance Fairness Act. This legislation will extend the mortgage interest tax…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Nov 18, 2003

Mr. President, I rise to introduce some legislation I consider an emergency because it overrides a misguided policy that threatens our homeland security and exposes our Nation to more vulnerable…

John Ensign
Sen. John EnsignR-NV · Nov 18, 2003

Mr. President, I rise today to introduce, with my distinguished colleague from Maryland, Senator Mikulski, the Mammography Quality Standards Reauthorization Act of 2003. The purpose of this…

Bob Graham
Sen. Bob GrahamD-FL · Apr 9, 2003

Mr. President, I rise today with my friend and colleague from Rhode Island, Mr. Chafee, and a bipartisan group of co- sponsors to introduce the Immigrant Children's Health Improvement Act of 2003.…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Apr 9, 2003

Mr. President, I rise today to introduce legislation that will provide much-needed grants for transitional housing services to victims of domestic violence who are brave enough to leave an abusive…

Show 11 more
John McCain
Sen. John McCainR-AZ · Apr 9, 2003

Mr. President, I am pleased to join with Senator Kyl today to introduce the Northern Arizona National Forest Land Exchange Act of 2003. This bill facilitates an exchange of over 50,000 acres of…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Apr 9, 2003

Mr. President, today I rise to reintroduce a bill that is enormously important to veterans in my State of West Virginia and to all veterans across this great Nation. The bill I am reintroducing will…

Jon Kyl
Sen. Jon KylR-AZ · Apr 9, 2003

Mr. President, today, I am pleased to join with Senator McCain to introduce the Northern Arizona National Forest Land Exchange Act of 2003. This bill, which facilitates a large and very complex land…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Apr 9, 2003

Mr. President, it is a privilege to join Senator Graham and Senator Chafee in introducing the Immigrant Children's Health Insurance Act, which will benefit tens of thousands of immigrant children and…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Apr 9, 2003

Mr. President, I rise today to introduce the ``Corporate Accountability in Bankruptcy Act.'' This bill would clarify that the bonuses and other excessive compensation of corporate directors and…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Apr 9, 2003

Mr. President, today along with Senators Lincoln Chafee and Judd Gregg, I am introducing comprehensive legislation to reduce harmful emissions from our Nation's power plants. Developed after…

Tom Harkin
Sen. Tom HarkinD-IA · Apr 9, 2003

Mr. President, on behalf of myself and Senators Murray, Kennedy, Mikulski, Durbin, Leahy, Akaka, Feingold and Boxer, I am introducing the Fair Pay Act. April 15, tax day, is also Equal Pay Day. If…

Mike Crapo
Sen. Mike CrapoR-ID · Apr 9, 2003

Mr. President, I rise to introduce the Water Adjudication Fee Fairness Act. This bill would require the Federal Government to pay the same filing fees and costs associated with state water rights…

Robert F. Bennett
Sen. Robert F. BennettR-UT · Nov 18, 2003

Mr. President, I rise today to introduce legislation authorizing the title transfer of certain features of the Provo River Project, UT, from the Bureau of Reclamation to non-Federal ownership. This…

Lincoln Chafee
Sen. Lincoln ChafeeR-RI · Apr 9, 2003

Mr. President, I am pleased to join with Senator Carper today to introduce the Clean Air Planning Act of 2003. Congress needs to advance four-pollutant legislation that offers the best chance for…

Harry Reid
Sen. Harry ReidD-NV · Apr 9, 2003

Mr. President, I rise today for myself, Senator Ensign, Senator Hatch, and Senator Bennett to introduce this bill, which will establish a National Heritage Route in eastern Nevada and western Utah.…

Bill Text

Latest available legislative text

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Latest
Introduced in SenateIssued April 9, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 842 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 842

To amend the Internal Revenue Code of 1986 to provide tax relief for
small businesses, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 9, 2003

Mr. Kerry introduced the following bill; which was read twice and
referred to the Committee on FinanceYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

A BILL

To amend the Internal Revenue Code of 1986 to provide tax relief for
small businesses, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

(a) Short Title.--This Act may be cited as the ``Affordable Small
Business Stimulus and Simplification Act of 2003''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. INCREASE IN EXPENSE TREATMENT FOR SMALL BUSINESSES.

(a) In General.--Section 179(b)(1) (relating to dollar limitation)
is amended to read as follows:
``(1) Dollar limitation.--
``(A) In general.--The aggregate cost which may be
taken into account under subsection (a) for any taxable
year shall not exceed the following applicable amount:

The applicable
``If the taxable year begins in:                             amount is:
2003..........................................             $35,000
2004..........................................             $36,000
2005..........................................             $37,000
2006..........................................             $38,000
2007..........................................             $39,000
2008 or thereafter............................             $40,000.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2008,
the $40,000 amount contained in subparagraph (A) shall
be increased 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,
by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $500, such amount shall be rounded to
the next highest multiple of $500.''.
(b) Expansion of Phase-Out of Limitation.--Section 179(b)(2) is
amended to read as follows:
``(2) Reduction in limitation.--
``(A) In general.--The limitation under paragraph
(1) for any taxable year shall be reduced (but not
below zero) by the amount by which the cost of section
179 property for which a deduction is allowable
(without regard to this subsection) under subsection
(a) for such taxable year exceeds the following
applicable amount:

The applicable
``If the taxable year begins in:                             amount is:
2003..........................................            $350,000
2004..........................................            $360,000
2005..........................................            $370,000
2006..........................................            $380,000
2007..........................................            $390,000
2008 or thereafter............................            $400,000.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2008,
the $400,000 amount contained in subparagraph (A) shall
be increased 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,
by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $5,000, such amount shall be rounded
to the next highest multiple of $5,000.''.
(c) Time of Deduction.--The second sentence of section 179(a)
(relating to election to expense certain depreciable business assets)
is amended by inserting ``(or, if the taxpayer elects, the preceding
taxable year if the property was purchased in such preceding year)''
after ``service''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

SEC. 3. STANDARD DEDUCTION FOR BUSINESS EXPENSES OF SOLE PROPRIETORS.

(a) In General.--Section 162 (relating to trade or business
expenses) is amended by redesignating subsection (p) as subsection (q)
and by inserting after subsection (o) the following new subsection:
``(p) Standard Deduction for Business Expenses of Sole
Proprietors.--
``(1) In general.--For purposes of determining a deduction
under subsection (a), any sole proprietor may elect under this
subsection a standard deduction in lieu of itemizing expenses.
``(2) Standard deduction.--For purposes of paragraph (1)--
``(A) In general.--The standard deduction is equal
to $500.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2004,
the $500 amount contained in subparagraph (A) shall be
increased 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,
by substituting `calendar year 2003' for
`calendar year 1992' in subparagraph (B) thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $50, such amount shall be rounded to
the nearest multiple of $50.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

SEC. 4. MODIFICATIONS OF EXCLUSIONS AND ROLLOVERS OF GAIN ON QUALIFIED
SMALL BUSINESS STOCK.

(a) Exclusion of Gain on Qualified Small Business Stock.--
(1) Increase in exclusion percentage.--
(A) In general.--Section 1202(a)(1) (relating to
exclusion for gain from certain small business stock)
is amended by striking ``50 percent'' and inserting
``75 percent''.
(B) 100-percent exclusion for critical technology
and specialized small business investment businesses.--
Section 1202(a) is amended by adding at the end the
following new paragraph:
``(3) Critical technology and specialized small business
investment businesses.--
``(A) In general.--In the case of qualified small
business stock acquired after the date of the enactment
of this paragraph which is stock in--
``(i) a critical technology corporation, or
``(ii) a corporation which is a specialized
small business investment company (as defined
in subsection (c)(2)(B)(ii)),
paragraph (1) shall be applied by substituting `100
percent' for `75 percent'.
``(B) Critical technology corporation.--The term
`critical technology corporation' means a corporation
substantially all of the active business activities of
which during substantially all of a taxpayer's holding
period of stock in the corporation are in connection
with--
``(i) transportation or homeland security
technologies,
``(ii) antiterrorism technologies,
``(iii) technologies enhancing security by
improving methods of personal identification
(including biometrics),
``(iv) environmental technologies for
pollution minimization, remediation, or waste
management,
``(v) national defense technologies, or
``(vi) energy efficiency or the development
of non-fossil based fuel source
technologies.''.
(C) Empowerment zone conforming amendment.--Section
1202(a)(2)(A) is amended--
(i) by striking ``60 percent'' and
inserting ``100 percent'', and
(ii) by striking ``50 percent'' and
inserting ``75 percent''.
(2) Decrease in holding period.--
(A) In general.--Section 1202(a)(1) is amended by
striking ``5 years'' and inserting ``4 years''.
(B) Conforming amendment.--Section 1202(j)(1)(A) is
amended by striking ``5 years'' and inserting ``4
years''.
(3) Exclusion available to corporations.--
(A) In general.--Subsection (a) of section 1202
(relating to partial exclusion for gains from certain
small business stock) is amended by striking ``other
than a corporation''.
(B) Technical amendment.--Subsection (c) of section
1202 is amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''.
(4) Stock of larger businesses eligible for exclusion.--
(A) In general.--Paragraph (1) of section 1202(d)
(defining qualified small business) is amended by
striking ``$50,000,000'' each place it appears and
inserting ``$100,000,000''.
(B) Inflation adjustment.--Section 1202(d)
(defining qualified small business) is amended by
adding at the end the following:
``(5) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 2004, the
$100,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2003' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''.
(b) Increase in Period To Purchase Replacement Stock and Qualify
for Rollover.--
(1) In general.--Section 1045(a)(2) (relating to
nonrecognition of gain) is amended by striking ``60-day'' and
inserting ``180-day''.
(2) Conforming amendment.--Section 1045(b)(2) is amended by
striking ``60-day'' and inserting ``180-day''.
(c) Effective Dates.--
(1) Exclusion.--The amendments made by subsection (a) shall
apply to stock issued after the date of the enactment of this
Act.
(2) Rollover.--The amendment made by subsection (b) shall
apply to sales after the date of the enactment of this Act.

SEC. 5. RECOVERY PERIOD FOR DEPRECIATION OF COMPUTERS AND PERIPHERAL
EQUIPMENT AND COMPUTER SOFTWARE.

(a) Recovery Period for Computers.--
(1) 3-year period.--
(A) In general.--Subparagraph (A) of section
168(e)(3) (relating to 3-year property) is amended by
striking ``and'' at the end of clause (ii), by striking
the period at the end of clause (iii) and inserting ``,
and'', and by adding at the end the following new
clause:
``(iv) any computers or peripheral
equipment (as defined in subsection
(i)(2)(B)).''.
(B) Conforming amendment.--Clause (iv) of section
168(e)(3)(B) (relating to 5-year property) is amended
by inserting ``(except computers or peripheral
equipment)'' before the comma.
(2) 3-year recovery period under alternative depreciation
system for tax-exempt use property, etc.--Subparagraph (C) of
section 168(g)(3) (relating to alternative depreciation system
for certain property) is amended to read as follows:
``(C) Qualified technological equipment.--
``(i) In general.--Except as provided in
clause (ii), in the case of any qualified
technological equipment, the recovery period
used for purposes of paragraph (2) shall be 5
years.
``(ii) Computers or peripheral equipment.--
In the case of any computer or peripheral
equipment, the recovery period used for
purposes of paragraph (2) shall be 3 years.''.
(b) 24-Month Useful Life for Depreciation of Computer Software.--
Subparagraph (A) of section 167(f)(1) (relating to computer software)
is amended by striking ``36 months'' and inserting ``24 months''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

SEC. 6. CLARIFICATION OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS.

(a) In General.--The first sentence of section 162(l)(2)(B) is
amended to read as follows: ``Paragraph (1) shall not apply to any
taxpayer for any calendar month for which the taxpayer participates in
any subsidized health plan maintained by any employer (other than an
employer described in section 401(c)(4)) of the taxpayer or the spouse
of the taxpayer.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.

SEC. 7. DISCLOSURE OF TAX INFORMATION TO FACILITATE COMBINED EMPLOYMENT
TAX REPORTING.

Section 6103(d)(5) is amended to read as follows:
``(5) Disclosure for combined employment tax reporting.--
The Secretary may disclose taxpayer identity information and
signatures to any agency, body, or commission of any State for
the purpose of carrying out with such agency, body, or
commission a combined Federal and State employment tax
reporting program approved by the Secretary. Subsections (a)(2)
and (p)(4) and sections 7213 and 7213A shall not apply with
respect to disclosures or inspections made pursuant to this
paragraph.''.

SEC. 8. INCOME AVERAGING FOR FARMERS AND FISHERMEN NOT TO INCREASE
ALTERNATIVE MINIMUM TAX LIABILITY.

(a) In General.--Section 55(c) (defining regular tax) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following new paragraph:
``(2) Coordination with income averaging for farmers and
fishermen.--Solely for purposes of this section, section 1301
(relating to averaging of farm and fishing income) shall not
apply in computing the regular tax.''.
(b) Allowing Income Averaging for Fishermen.--
(1) In general.--Section 1301(a) is amended by striking
``farming business'' and inserting ``farming business or
fishing business''.
(2) Definition of elected farm income.--
(A) In general.--Clause (i) of section
1301(b)(1)(A) is amended by inserting ``or fishing
business'' before the semicolon.
(B) Conforming amendment.--Subparagraph (B) of
section 1301(b)(1) is amended by inserting ``or fishing
business'' after ``farming business'' both places it
occurs.
(3) Definition of fishing business.--Section 1301(b) is
amended by adding at the end the following new paragraph:
``(4) Fishing business.--The term `fishing business' means
the conduct of commercial fishing as defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

SEC. 9. MODIFICATION OF UNRELATED BUSINESS INCOME LIMITATION ON
INVESTMENT IN CERTAIN DEBT-FINANCED PROPERTIES.

(a) In General.--Section 514(c)(6) (relating to acquisition
indebtedness) is amended--
(1) by striking ``include an obligation'' and inserting
``include--
``(A) an obligation'',
(2) by striking the period at the end and inserting ``,
or'', and
(3) by adding at the end the following:
``(B) indebtedness incurred by a small business
investment company licensed under the Small Business
Investment Act of 1958 which is evidenced by a
debenture--
``(i) issued by such company under section
303(a) such Act, or
``(ii) held or guaranteed by the Small
Business Administration.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to acquisitions made on or after the date of the enactment of
this Act.

SEC. 10. EXCLUSION FROM PARTNERSHIP FILING REQUIREMENTS FOR MARRIED
COUPLES AS BUSINESS CO-OWNERS.

(a) In General.--Section 6031 (relating to return of partnership
income) is amended by adding the following new subsection:
``(f) Exception for Married Individuals as Partnership Co-Owners.--
This section shall not apply to a partnership for any taxable year if--
``(1) all of the capital or profits interests in the
partnership are owned by 2 individuals who are a married couple
(as determined under section 7703),
``(2) such individuals elect the application of this
subsection for such taxable year, and
``(3) such individuals file a joint return for all taxable
years of such individuals which include items from such taxable
year of the partnership.
The Secretary shall prescribe regulations for the retention of such
records as may be necessary for the administration of this chapter in
any case where an election is made under this subchapter.''.
(b) Married Couples as Business Co-Owners Permitted To File
Separate Self-Employment Tax Schedules.--Section 6017 (relating to
self-employment tax returns) is amended by adding the following new
sentence: ``The preceding sentence shall apply even if the husband and
wife elect, under section 6031(f), to be excluded from the filing
requirements of section 6031.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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