[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1499 Enrolled Bill (ENR)]
H.R.1499
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To amend the Internal Revenue Code of 1986 to allow members of the Armed
Forces serving in a combat zone to make contributions to their
individual retirement plans even if the compensation on which such
contribution is based is excluded from gross income, 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.
This Act may be cited as the ``Heroes Earned Retirement
Opportunities Act''.
SEC. 2. COMBAT ZONE COMPENSATION TAKEN INTO ACCOUNT FOR PURPOSES OF
DETERMINING LIMITATION AND DEDUCTIBILITY OF CONTRIBUTIONS
TO INDIVIDUAL RETIREMENT PLANS.
(a) In General.--Subsection (f) of section 219 of the Internal
Revenue Code of 1986 is amended by redesignating paragraph (7) as
paragraph (8) and by inserting after paragraph (6) the following new
paragraph:
``(7) Special rule for compensation earned by members of the
armed forces for service in a combat zone.--For purposes of
subsections (b)(1)(B) and (c), the amount of compensation
includible in an individual's gross income shall be determined
without regard to section 112.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
(c) Contributions for Taxable Years Ending Before Enactment.--
(1) In general.--In the case of any taxpayer with respect to
whom compensation was excluded from gross income under section 112
of the Internal Revenue Code of 1986 for any taxable year beginning
after December 31, 2003, and ending before the date of the
enactment of this Act, any contribution to an individual retirement
plan made on account of such taxable year and not later than the
last day of the 3-year period beginning on the date of the
enactment of this Act shall be treated, for purposes of such Code,
as having been made on the last day of such taxable year.
(2) Waiver of limitations.--
(A) Credit or refund.--If the credit or refund of any
overpayment of tax resulting from a contribution to which
paragraph (1) applies is prevented at any time by the operation
of any law or rule of law (including res judicata), such credit
or refund may nevertheless be allowed or made if the claim
therefor is filed before the close of the 1-year period
beginning on the date that such contribution is made
(determined without regard to paragraph (1)).
(B) Assessment of deficiency.--The period for assessing a
deficiency attributable to a contribution to which paragraph
(1) applies shall not expire before the close of the 3-year
period beginning on the date that such contribution is made.
Such deficiency may be assessed before the expiration of such
3-year period notwithstanding the provisions of any other law
or rule of law which would otherwise prevent such assessment.
(3) Individual retirement plan defined.--For purposes of this
subsection, the term ``individual retirement plan'' has the meaning
given such term by section 7701(a)(37) of such Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.